Mou v. City of San Jose et al

Filing 850

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Mou v. City of San Jose et al Doc. 850 1 2 3 4 MARY DRYOVAGE, CSBN 112551 Law Offices of Mary Dryovage 240 Stockton Street, 9th Floor San Francisco, CA 94108 Telephone: (415) 956-1360 Ext 321 Facsimile: (415) 487-2646 Attorney for Plaintiff 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 SAN FRANCISCO DIVISION 9 10 11 12 13 14 15 16 I, Mary Dryovage, hereby declare: 17 1. 18 plaintiffs' opposition to defendant's Motion to Require Plaintiff to Designate and Pay for Trial 19 Transcript. 20 2. 21 the Court of Appeals for the Ninth Circuit and admitted to practice in this court. 22 3. 23 Motion to Require Plaintiff to Designate and Pay for Trial Transcript and have personal 24 knowledge of the facts stated therein. If called to testify under oath, I could do so truthfully and 25 competently. 26 4. 27 and emailed to Joseph Maloney from Mary Dryovage, dated March 16, 2004. 28 Declaration of Counsel in Support of P's Opposition Re: Trial Transcript K o e l v. Ashcroft, Docket No. C 02-01289 EDL P age 1 CHERYL A. KOEL, Plaintiff, v. JOHN ASHCROFT, U.S. ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) No. C 02-01289 EDL DECLARATION OF COUNSEL IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO REQUIRE PLAINTIFF TO DESIGNATE AND PAY FOR TRIAL TRANSCRIPT Date: Time: Courtroom: May 4, 2004 2:00 p.m. E I represent the plaintiff in the above-entitled action. I make this declaration in support of I am a member in good standing of the State Bar of California, the U.S. Supreme Court, I have read the memorandum of points and authorities in opposition to the defendant's Attached hereto as Exhibit 1 is a true and exact copy of the first letter which was faxed Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. Attached hereto as Exhibit 2 is a true and exact copy of the second letter which was faxed and emailed to Joseph Maloney from Mary Dryovage, dated March 16, 2004. 6. At no time did the undersigned receive any response to the letter requesting that Mr. Maloney specify which portions of the trial transcript were necessary to the appeal. I declare under penalty of perjury that the foregoing is true and correct. Executed at Evergreen, Colorado, this 14th day of April, 2004. /s/ ____________________________________ MARY DRYOVAGE Attorney for Plaintiff Declaration of Counsel in Support of P's Opposition Re: Trial Transcript K o e l v. Ashcroft, Docket No. C 02-01289 EDL P age 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. CHERYL A. KOEL, Plaintiff, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA No. C 02-01289 EDL CERTIFICATE OF SERVICE JOHN ASHCROFT, U.S. ATTORNEY GENERAL, Defendant. I am a citizen of the United States and have an office in the County of San Francisco; I am over the age of eighteen years and not a party to the above-entitled action; my business address is 240 Stockton Street, 9th Floor, San Francisco, CA 94108. On April 14, 2004, I served the within PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO REQUIRE PLAINTIFF TO DESIGNATE AND PAY FOR TRIAL TRANSCRIPT; DECLARATION OF COUNSEL IN SUPPORT OF PLAINTIFF'S OPPOSITION and PROPOSED ORDER on the parties in said action by emailing it to the following address: Joseph Maloney Assistant U.S. Attorney Civil Division Sacramento, CA 501 "I" Street, Suite 10-100 Sacramento, CA 95814 Via fax: 916 554-2900 and via email: josephmaloney@usdoj.gov I declare under penalty of perjury that the foregoing is true and correct and was executed on April 14, 2004, at Evergreen, Colorado. /s/ __________________________________ MARY DRYOVAGE Declaration of Counsel in Support of P's Opposition Re: Trial Transcript K o e l v. Ashcroft, Docket No. C 02-01289 EDL P age 3 1 2 3 4 MARY DRYOVAGE, CSBN 112551 Law Offices of Mary Dryovage 240 Stockton Street, 9th Floor San Francisco, CA 94108 Telephone: (415) 956-1360 Ext 321 Facsimile: (415) 487-2646 Attorneys for Plaintiff 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 SAN FRANCISCO DIVISION 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 __________________________________ ELIZABETH D. LAPORTE UNITED STATES MAGISTRATE JUDGE Defendant's Motion to Require Plaintiff to Designate and Pay for Trial Transcript having been filed on April 1, 2004 and Plaintiff's Objections to same having been filed on April 14, 2004, the Court having considered the papers and the entire record herein filed herein by the parties hereto, the court finds as follows: Defendant's Motion to Require Plaintiff to Designate and Pay for Trial Transcript is denied. Defendant shall designate the portions of the Trial Transcript which are necessary to the appeal and shall make arrangements with the court reporter to pay for of the cost of preparation. IT IS SO ORDERED. DATED: v. JOHN ASHCROFT, U.S. ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE, Defendant. CHERYL KOEL, Plaintiff, No. C 02-01289 EDL [Proposed] ORDER RE: PAYMENT OF TRIAL TRANSCRIPT

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