Shloss v. Sweeney et al

Filing 61

*** FILED IN ERROR. PLEASE SEE DOCKET # 63 . *** Declaration of Dorothy McLaughlin in Support of 60 MOTION to Related Case Administrative Motion to Consider Whether Cases Should be Related filed byCarol Loeb Shloss. (Related document(s) 60 ) (McLaughlin, Dorothy) (Filed on 2/14/2007) Modified on 2/16/2007 (ewn, COURT STAFF).

Shloss v. Sweeney et al

Doc. 61

Case 5:06-cv-03718-JW

Document 61

Filed 02/14/2007

Page 1 of 3

1 KEKER & V AN NEST, LLP MAR A. LEMLEY - #155830 2 MATTHEW M. WERDEGAR - #200470 DOROTHY R. McLAUGHLIN - #229453 3 BENEDICT Y. HU - #224018 710 Sansome Street
4 San Francisco, CA 94111-1704
Telephone:

[phone]

5 Facsimile: [phone]
6 (Additional Counsel

listed on signature page)

7 Attorneys for Plaintiff
CAROL LOEB SCHLOSS
8

9 10
11

UNTED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN
SAN JOSE DIVISION

12

14 Plaintiff, ..
15 v.
18

13 CAROL LOEB SCHLOSS,

Case No. CV 06-3718 (JW) (HRL)

DECLARTION OF DOROTHY R. MCLAUGHLIN IN SUPPORT OF ADMINISTRATIVE MOTION TO
CONSIDER WHETHER CASES SHOULD BE RELATED
Judge: The Honorable James Ware

16 SEÁN SWEENEY, in his capacity as trstee
ofthe Estate of James Joyce, and THE 17 ESTATE OF JAMES JOYCE,

Defendant.
Date CompI. Filed: Januar 25,2007

19 and

21 Plaintiff,
20 CAROL LOEB SCHLOSS,

22 v.
25

23 STEPHEN JAMES JOYCE, in his individual capacity and in his capacity as a Trustee of

24 The Estate of James Joyce,

Defendant.

26 27
28
DECLARA nON OF DOROTHY MCLAUGHLIN iso ADMIN. MOT. TO CONSIDER WHETHER CASES SHOULD BE RELATED
CASE NO. CV 06-3718 (JW) (HRL)

390041.01

Dockets.Justia.com

Case 5:06-cv-03718-JW

Document 61

Filed 02/14/2007

Page 2 of 3

1 I, DOROTHY R. MCLAUGHLIN, declare and state:
2
1.

I am an attorney duly licensed to practice law in the State of California and am an
in the

3 associate with the law firm ofKeker & Van Nest LLP ("KVN"), representing the plaintiff

4 above-captioned proceeding. I have personal knowledge of

the facts set forth herein, and if

5 called to testify as a witness thereto, could do so competently under oath.

6

2.

On Januar 29,2007, I delivered by email a conformed copy ofthe complaint in

7 Shloss v. Stephen James Joyce, asking if counsel (Mara K. Nelson) for Sean Sweeney, trustee
8 for the Estate of James Joyce ("Estate"), and the Estate would accept service of

the complaint on

9 Stephen Joyce's behalf.

10

3.

Nelson responded the next day, Januar 30,2007, with an čmail stating that she

11 would consider the request.
12 4.

To date Nelson has not responded whether she will accept service on Stephen

13 Joyce's behalf.
14
5.

On Februar 13, 2007 around 1 p.m., I sent an email to Nelson, attaching a

15 proposed stipulation pursuant to Local Rules 3-12, 7-11, and 7-12, asking if

Nelson would

16 stipulate to seeking this Cour's consideration of

the above-mentioned cases as related under

17 Local Rule 3-12.
18
6.

On Februar 13, 2007, around 4:30 p.m., I left a voicemail message for Nelson,

19 asking if she would stipulate to this Court's consideration of these cases as related.
20
21 7.

To date, Nelson has not responded and I have thus been unable to obtain a

stipulation under Local Rule 7-11.
II

22
23

II
II II II II II
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390041.01

DECLARTION OF DOROTHY MCLAUGHLIN IN SUPPORT OF ADMINISTRATIV MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED CASE NO. CV 06-3718 (JW) (HRL)

Case 5:06-cv-03718-JW

Document 61

Filed 02/14/2007

Page 3 of 3

1

8.

Pursuant to Local Rule 7-11, I therefore submit this declaration as an explanation

2 of

why a stipulation could not be obtained.

3 I declare under penalty of perjur of the laws of the State of Californa that the foregoing
4 is tre and correct and that this declaration was executed on Februar 14,2007 at San Francisco,

5 Californa.
6 Dated: Februar 14, 2007

7
8

By:

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390041.01

DECLARATION Of DOROTHY MCLAUGHLIN IN SUPPORT OF ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED CASE NO. CV 06-3718 (JW) (HRL)