Xiaoning et al v. Yahoo! Inc, et al

Filing 29

Declaration of Morton Sklar in Support of 28 Memorandum in Opposition to Defendants' Motion for an Early Case Management Conference and Order filed byWang Xiaoning, Shi Tao, Yu Ling. (Related document(s) 28 ) (Myers, Roger) (Filed on 6/29/2007)

Xiaoning et al v. Yahoo! Inc, et al

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Case 4:07-cv-02151-CW

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Filed 06/29/2007

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Morton, H. Sklar, Executive Director [e-mail] World Organization for Human Rights USA 2029 P Street NW, Suite 301 Washington, DC 20036 Telephone: [phone] Facsimile: [phone] [Admitted Pro Hac Vice] Roger Myers (CA State Bar No. 146164) [e-mail] HOLME ROBERTS & OWEN LLP 560 Mission Street, 25th Floor San Francisco, CA 94105-2994 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs WANG XIAONING, YU LING, SHI TAO UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION WANG XIAONING, YU LING, SHI TAO, and ADDITIONAL PRESENTLY UNNAMED AND TO BE IDENTIFIED INDIVIDUALS, Plaintiffs, v. YAHOO, INC., a Delaware Corporation, YAHOO! HOLDINGS (HONG KONG), LTD., a Foreign Subsidiary of Yahoo!, ALIBABA.COM, INC. a Delaware Corporation, AND OTHER PRESENTLY UNNAMED AND TO BE IDENTIFIED INDIVIDUAL EMPLOYEES OF SAID CORPORATIONS, Defendants. Case No. C07-02151 CW TORT DAMAGES CLAIM

DECLARATION OF MORTON SKLAR IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION FOR AN EARLY CASE MANAGEMENT CONFERENCE AND ORDER Date: July 2 or 26, 2007 (Proposed) Time: TBD Location: Courtroom 2 Judge: Hon. Claudia Wilken

I, MORTON SKLAR, declare: 1. I am the Executive Director of the World Organization for Human Rights USA,

attorney of record and lead counsel for the Plaintiffs in the above-captioned case, and a former Judge (for nine years) with one of the two international courts operated by the Organization of
Decl. of Morton Sklar ISO Plaintiffs' Opposition to Defendants' Motion For An Early Case Management Conference Case No. C07-02151 CW
Dockets.Justia.com

Case 4:07-cv-02151-CW

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American States. This declaration is being submitted pursuant to Civil Local Rule 7-3 in support of Plaintiffs' Opposition To Defendants' Motion To For An Early Case Management Conference. Except where otherwise indicated, I have personal knowledge of the facts stated herein and, if called as a witness, I could and would testify competently thereto. 2. In an opposition filed today titled Plaintiffs' Opposition To Defendants' Motion

For An Early Case Management Conference, Plaintiffs are requesting the Court to dismiss Defendant Yahoo!'s Motion For An Early Case Management Conference, and to adhere to the newly revised schedule for ADR and case management activities ordered by the Court on June 19, with the Initial Case Management Conference scheduled for September 18, 2007. 3. As previously indicated in my Declaration accompanying our Opposition to the

Defendants' Motion to Shorten Time for an early, July 2 Motions Hearing date on the request for an early case management conference, Defendants' counsel prevailed upon me, as a matter of professional courtesy, to enter into a Joint Stipulation with them to postpone the original case management schedule initially set by the court, based on their vacation and travel plans. This new schedule set a date for the initial case management conference with the Court for September 18. Had I known then that this request for a delay in the case management process was part of a broader strategy by the Defendants seeking to bypass and undercut that process by proposing an alternative approach that is not consistent with the regular case management procedures, I would not have acceded to their request and agreed to the Joint Stipulation, since it is not in the Plaintiffs' interests to delay the litigation process. Moreover, the representations made to me regarding the difficulty of changing Mr. Petrocelli's travel plans were not entirely consistent with the subsequent statements made to me suggesting that minor alterations could be made to accommodate the revised schedule they later proposed, including a July 2 hearing date.

Decl. of Morton Sklar ISO Plaintiffs' Opposition to Defendants' Motion For An Early Case Management Conference

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Decl. of Morton Sklar ISO Plaintiffs' Opposition to Defendants' Motion For An Early Case Management Conference

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed in Washington, D.C. on this 29th day of June 2007.

/s/ Morton Sklar Morton Sklar

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Case No. C07-02151 CW