Shloss v. Sweeney et al

Filing 74

Declaration of David S. Olson in Support of 73 MOTION for Attorney Fees and Costs filed byCarol Loeb Shloss. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit J# 10 Exhibit K# 11 Exhibit L# 12 Exhibit M# 13 Exhibit N# 14 Exhibit O# 15 Exhibit P# 16 Exhibit Q# 17 Exhibit R# 18 Exhibit S# 19 Exhibit T# 20 Exhibit U)(Related document(s) 73 ) (Olson, David) (Filed on 4/10/2007)

Shloss v. Sweeney et al

Doc. 74

Case 5:06-cv-03718-JW

Document 74

Filed 04/10/2007

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Lawrence Lessig Anthony T. Falzone (SBN 190845) David S. Olson (SBN 231675) STANFORD LAW SCHOOL CENTER FOR INTERNET AND SOCIETY 559 Nathan Abbott Way Stanford, California 94305-8610 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Mark A. Lemley (SBN 155830) Matthew M. Werdegar (SBN 200470) Dorothy McLaughlin (SBN KEKER & VAN NEST LLP 710 Sansome Street San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Bernard A. Burk (SBN 118083) Robert Spoo (pro hac vice) HOWARD RICE NEMEROVSKI CANADY FALK & RABKIN, P.C. Three Embarcadero Center, 7th Floor San Francisco, California 94111-4024 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

CAROL LOEB SHLOSS, Plaintiff, v.

CASE NO. CV 06-3718 (JW) (HRL) DECLARATION OF DAVID OLSON IN SUPPORT OF MOTION FOR AWARD OF ATTORNEYS' FEES AND COSTS Date: Time: Judge: May 21, 2007 9:00 a.m. Hon. James Ware

SEÁN SWEENEY, in his capacity as trustee of the Estate of James Joyce, and THE ESTATE OF JAMES JOYCE, Defendants.

DECLARATION OF DAVID OLSON IN SUPPORT OF MOTION FOR AWARD OF ATTORNEYS' FEES AND COSTS Dockets.Justia.com

Case 5:06-cv-03718-JW

Document 74

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DAVID S. OLSON declares and states as follows: 1. I am an attorney admitted to practice in California and in this district and am one of the attorneys of record for plaintiff Carol Loeb Shloss. I have personal knowledge of the facts set forth in this declaration, and could testify competently to them if called to do so. I submit the following exhibits for the convenience of the Court. All of these exhibits have been filed previously in this case, as described below. I submit this declaration in support of Plaintiff's Motion for Award of Costs and Attorneys Fees. 2. Attached to this declaration as Exhibit A is a true and correct copy of the December 15, 2006 declaration of Carol Shloss, which was previously filed with this Court on December 15, 2006 [Docket #33]. 3. Attached to this declaration as Exhibit B is a true and correct copy of the December 15, 2006 declaration of Robert Spoo, Exhibit 4, which was previously filed with this Court on December 15, 2006 [Docket #38]. 4. Attached to this declaration as Exhibit C is a true and correct copy of the December 16, 2006 declaration of Carol Shloss, Exhibit C, which was previously filed with this Court on December 15, 2006 [Docket #33]. 5. Attached to this declaration as Exhibit D is a true and correct copy of the December 16, 2006 declaration of Carol Shloss, Exhibit E, which was previously filed with this Court on December 15, 2006 [Docket #33]. 6. Attached to this declaration as Exhibit E is a true and correct copy of the December 11, 2006 declaration of Leon Friedman, Exhibit 5, which was previously filed with this Court on December 15, 2006 [Docket #34]. 7. Attached to this declaration as Exhibit F is a true and correct copy of the December 16, 2006 declaration of Carol Shloss, Exhibit I, which was previously filed with this Court on December 15, 2006 [Docket #33]. 8. Attached to this declaration as Exhibit G is a true and correct copy of the December 11, 2006 declaration of Leon Friedman, Exhibit 2, which was previously filed with this Court on December 15, 2006 [Docket #34]. 1
DECLARATION OF DAVID OLSON IN SUPPORT OF MOTION FOR AWARD OF ATTORNEYS' FEES AND COSTS

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9. Attached to this declaration as Exhibit H is a true and correct copy of the December 11, 2006 declaration of Leon Friedman, Exhibit 6, which was previously filed with this Court on December 15, 2006 [Docket #34]. 10. Exhibit I intentionally omitted. 11. Attached to this declaration as Exhibit J is a true and correct copy of the December 15, 2006 declaration of Robert Spoo, Exhibit 5, which was previously filed with this Court on December 15, 2006 [Docket #38]. 12. Attached to this declaration as Exhibit K is a true and correct copy of the Complaint in Shloss v. Sweeney, et al., No. 06-3718 (JW) (HRL) (N.D. CA June 12, 2006) [Docket #1]. 13. Attached to this declaration as Exhibit L is a true and correct copy of the Complaint in Shloss v. Joyce, No. 07-0517 (N.D. CA Jan. 25, 2007). [Docket #1]. 14. Attached to this declaration as Exhibit M is a true and correct copy of the Defendants Memorandum of Points & Authorities in Support of Defendants' Motion to Dismiss, which was previously filed with this Court on November 17, 2006 [Docket #21]. 15. Attached to this declaration as Exhibit N is a true and correct copy of the October 24, 2006 declaration of Sean Sweeney, which was previously filed with this Court on November 17, 2006 [Docket #23]. 16. Attached to this declaration as Exhibit O is a true and correct copy of the Order Denying Defendants Motion to Dismiss dated Feb. 9, 2007 [Docket #57]. 17. Attached to this declaration as Exhibit P is a true and correct copy of the Order Granting Stipulation of Dismissal with Exhibit 1, which was entered by this Court on March 27, 2007 [Docket #71-72]. 18. Attached to this declaration as Exhibit Q is a true and correct copy of the December 15, 2006 declaration of David Olson, which was previously filed with this Court on December 15, 2006 [Docket #39]. 19. Attached to this declaration as Exhibit R is a true and correct copy of the Plaintiff's Opposition to Defendants Motion to Dismiss, which was previously filed with this Court on December 15, 2006 [Docket #32]. 2
DECLARATION OF DAVID OLSON IN SUPPORT OF MOTION FOR AWARD OF ATTORNEYS' FEES AND COSTS

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20. Attached to this declaration as Exhibit S is a true and correct copy of the transcript of the Jan. 31, 2007 Oral Argument for Defendants Motion to Dismiss, which was lodged with this Court on Feb. 9, 2007 [Docket #59]. 21. Attached to this declaration as Exhibit T is a true and correct copy of the Amended Complaint in Shloss v. Sweeney, et al., No. 06-3718 (JW) (HRL) (N.D. CA Oct. 25, 2006) [Docket #14]. 22. Attached to this declaration as Exhibit U is a true and correct copy of the January 8, 2007 declaration of Antionette Dozier, Exhibit C at 84, which was previously filed with this Court on January 8, 2007 [Docket #45].

I declare under penalty of perjury that the foregoing is true and correct, and that this Declaration was executed on April 10, 2007 at Stanford, California. /s/ _____________ DAVID S. OLSON

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DECLARATION OF DAVID OLSON IN SUPPORT OF MOTION FOR AWARD OF ATTORNEYS' FEES AND COSTS