Walsh v. Apple, Inc. et al

Filing 19

Memorandum in Opposition re 17 MOTION to Strike and for a More Definite Statement filed byDavid Walsh. (Attachments: # 1 Affidavit of Norman Blumenthal in Support of Opposition, # 2 Proof of Service)(Blumenthal, Norman) (Filed on 2/23/2009)

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BLUMENTHAL & NORDREHAUG Norman B. Blumenthal (State Bar #068687) Kyle R. Nordrehaug (State Bar #205975) Aparajit Bhowmik (State Bar #248066) 2255 Calle Clara La Jolla, CA 92037 Telephone: [phone] Facsimile: [phone] UNITED EMPLOYEES LAW GROUP Walter Haines (State Bar #71705) 65 Pine Ave, #312 Long Beach, CA 90802 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

DAVID WALSH, an individual, on behalf of himself, and on behalf of all persons similarly situated, Plaintiff, vs. APPLE, INC.; Defendants.

CASE No. 05:08-cv-04918-JF PROOF OF SERVICE

Date: Time: Judge: Court:

March 13, 2009 9:00 a.m. Hon. Jeremy Fogel Dept. 3

Action Filed: August 4, 2008

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PROOF OF SERVICE Case No. 05:08-cv-04918-JF

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CERTIFICATE OF SERVICE [F.R.C.P. §5] I am a citizen of the United States and a resident of the State of California. I am employed in the County of San Diego, State of California. I am over the age of 18 and not a party to the within action. My business address is 2255 Calle Clara, La Jolla, California 92037. On February 23, 2008, I served the document(s) described as below in the manner set forth below: (1)

PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO MOTION TO STRIKE AND FOR A MORE DEFINITE STATEMENT DECLARATION OF NORMAN B. BLUMENTHAL IN SUPPORT OF OPPOSITION TO MOTION TO STRIKE AND FOR A MORE DEFINITE STATEMENT

(2)

_XX_ (BY ELECTRONIC SERVICE): I caused the listed documents to be electronically filed through the CM/ECF system at the United States District Court for the Southern District of California which generates a Notice of Electronic Filing to all parties and constitutes service of the electronically filed documents on all parties for purposes of the Federal Rules of Civil Procedure. _XX_ (Federal): I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made, and that the foregoing is true and correct under penalty of perjury. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 23, 2009 at San Diego, California.

By:

/s/ Norman B. Blumenthal Norman B. Blumenthal

K:\D\NBB\Walsh v. Apple\Motion to Strike -02\p-pos-Oppo.wpd

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PROOF OF SERVICE Case No. 05:08-cv-04918-JF