Securities And Exchange Commission v. Heinen et al

Filing 23

Securities And Exchange Commission v. Heinen et al

Doc. 23

Case 5:07-cv-02214-JF

Document 23

Filed 11/02/2007

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FOLEY & LARDNER LLP ONE MARITIME PLAZA, SIXTH FLOOR SAN FRANCISCO, CA 94111 TELEPHONE: [phone] FACSIMILE: 415.434.4507 THOMAS F. CARLUCCI, BAR NO. 135767 [e-mail] ERIN J. HOLLAND, BAR NO. 233305 [e-mail] FOLEY & LARDNER LLP 555 SOUTH FLOWER STREET, SUITE 3500 LOS ANGELES, CA 90071 TELEPHONE: [phone] FACSIMILE: 213.486.0065 PAMELA L. JOHNSTON, BAR NO. 132558 [e-mail] ATTORNEYS FOR NON-PARTY WENDY HOWELL UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION SECURITIES AND EXCHANGE COMMISSION, Plaintiff, vs. NANCY R. HEINEN, Defendant. Case No.: C-07-2214(JF) DECLARATION OF ERIN J. HOLLAND IN SUPPORT OF NON-PARTY WENDY HOWELL'S MOTION TO QUASH OR, IN THE ALTERNATIVE, FOR ISSUANCE OF A PROTECTIVE ORDER Magistrate Judge Howard R. Lloyd Date: December 11, 2007 Time: 10:00 a.m. Dept: Courtroom 2, 5th Floor

SFCA_487443.1

DECLARATION OF ERIN J. HOLLAND IN SUPPORT OF NON-PARTY WENDY HOWELL'S MOTION TO QUASH; CASE NO. C-07-2214(JF)

Dockets.Justia.com

Case 5:07-cv-02214-JF

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Filed 11/02/2007

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SFCA_487443.1

DECLARATION OF ERIN J. HOLLAND I, Erin J. Holland, hereby declare as follows: 1. I am an attorney in good standing with the State Bar of California and am duly

licensed to practice law in the State of California. I am an associate at the law firm of Foley & Lardner LLP, attorneys of record for Non-Party Wendy Howell ("Howell") in the abovecaptioned matter. I submit this Declaration in support of Non-Party Wendy Howell's Motion to Quash, or in the Alternative, for Issuance of a Protective Order. Unless otherwise stated, I have personal knowledge of the facts set forth below and, if called as a witness, I could and would competently testify thereto. 2. Defendant Nancy Heinen ("Heinen") hired Ms. Howell as a full-time staff

attorney for Apple Computer, Inc. in 1997. Ms. Howell reported directly to Defendant Heinen until Heinen's departure in the Spring of 2006. 3. I spoke with Miles Ehrlich and Felicia Gross, counsel for Defendant Nancy R.

Heinen, by telephone on October 11, 17, and 22. Ms. Johnston joined me on these calls. We informed Mr. Ehrlich and Ms. Gross of Ms. Howell's objection to the subpoenas served on nonparties Bank of Alameda, Washington Mutual, Wells Fargo & Co., Western Sunrise Mortgage, Franklin Templeton Investments, California State University, Stanford University, and the California State Bar on or about September 21, 2007. Throughout the course of these conversations, we were able to narrow and resolve a number of issues raised by the subpoenas as discussed in the brief. 4. On October 5, 2007, I sent written objections to the subpoenas to Mr. Ehrlich on

behalf of Ms. Howell. These objections indicated that Ms. Howell objected to the subpoenas on the grounds that the subpoenas (1) require disclosure of Ms. Howell's personal and private records; (2) seek information irrelevant to the dispute; (3) are impermissibly overbroad; and (4) were issued merely to harass and annoy Ms. Howell. /// /// ///
DECLARATION OF ERIN J. HOLLAND IN SUPPORT OF NON-PARTY WENDY HOWELL'S MOTION TO QUASH; CASE NO. C-07-2214(JF)

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Case 5:07-cv-02214-JF

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SFCA_487443.1

5.

I declare under penalty of perjury that the foregoing is true and correct. Executed

on November 2, 2007, in San Francisco, California. By: s/ Erin J. Holland ERIN J. HOLLAND

DECLARATION OF ERIN J. HOLLAND IN SUPPORT OF NON-PARTY WENDY HOWELL'S MOTION TO QUASH; CASE NO. C-07-2214(JF)

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