Avery Dennison Corporation v. 3M Company et al

Filing 17

MEMORANDUM in Opposition to MOTION to Transfer Case to District of Minnesota 12 filed by Plaintiff Avery Dennison Corporation. (Attachments: # 1 Declaration of Emily C. O'Brien in Support of Plaintiff's Opposition to Defendants' Motion to Transfer, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M)(O'Brien, Emily) [Transferred from California Central on 2/3/2011.]

Avery Dennison Corporation v. 3M Company et al

Doc. 17 Att. 1

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Charles K. Verhoeven (Bar No. 170151) [e-mail] 2 David Bilsker (Bar No. 152383) [e-mail] 3 Emily O'Brien (Bar No. 240072) [e-mail] 4 5 50 California Street, 22nd Floor San Francisco, California 94111-4788 6 Telephone: [phone] Facsimile: [phone] 7 Attorneys for Plaintiff 8 Avery Dennison Corporation 9 10 11 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION CASE NO. CV. 10-7931 MRP (RZx) DECLARATION EMILY C. O'BRIEN IN SUPPORT OF AVERY DENNISON'S OPPOSITION TO 3M'S MOTION TO TRANSFER PURSUANT TO 28 U.S.C. §1404(a) Honorable Mariana R. Pfaelzer Hearing Date: Hearing Time: Hearing Place: February 7, 2011 11:00 a.m. Courtroom 12

12 AVERY DENNISON CORPORATION, 13 Plaintiff, 14 vs. 15 3M COMPANY AND 3M 16 INNOVATIVE PROPERTIES COMPANY, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28

Trial Date: None Set Complaint Filed: October 21, 2010

DECLARATION OF EMILY C. O'BRIEN IN SUPPORT OF AVERY DENNISON'S OPPOSITION TO 3M'S MOTION TO TRANSFER PURSUANT TO 28 U.S.C. SECTION 1404(A) Dockets.Justia.com

1 2 3 1. 2.

DECLARATION OF EMILY C. O'BRIEN I, Emily C. O'Brien, declare and state as follows: I am an associate of the law firm Quinn Emanuel Urquhart & Sullivan,

4 LLP and represent Plaintiff Avery Dennison Corporation in this action. This 5 declaration is made in support of Plaintiff's Opposition to Defendants' Motion to 6 Transfer. The matters referred to in this declaration are based upon my personal 7 knowledge, and if called as a witness I could testify competently to those matters. 8 3. Attached hereto as Exhibit A is a true and correct copy of a bid request

9 from the City of Riverside, California, dated September 15, 2010. 10 4. Attached hereto as Exhibit B is a true and correct copy of a bid request

11 from the County of El Dorado, with bids due August 31, 2010. 12 5. Attached hereto as Exhibit C is a true and correct copy of the

13 Preliminary Injunction Order issued in 3M Co. et al. v. Avery Dennison Corp., No. 14 10-2630 (D. Minn. Dec. 21, 2010). 15 6. Attached hereto as Exhibit D is a true and correct copy of a November

16 29, 2010 article titled "Federal Highway Administration Is Ordering Local 17 Governments to Buy New Street Signs That They Say Are Easier to Read" from 18 ABC News, available at http://abcn.ws/hWjV8H, last visited on January 10, 2011. 19 7. Attached hereto as Exhibit E is a true and correct copy of a bid request

20 specification for the City of Los Angeles, dated 2007. 21 8. Attached hereto as Exhibit F is a true and correct copy of the U.S.

22 Department of Transportation, Federal Highway Administration's 2003 statistics 23 quantifying motor-vehicle registration by state, available at 24 http://www.fhwa.dot.gov/policy/ohim/hs03/pdf/mv1.pdf, last visited on January 10, 25 2011. 26 9. Attached hereto as Exhibit G is a true and correct copy of the U.S.

27 Department of Transportation, Federal Highway Administration's 2000 statistics 28
DECLARATION OF EMILY C. O'BRIEN IN SUPPORT OF AVERY DENNISON'S OPPOSITION TO 3M'S MOTION TO TRANSFER PURSUANT TO 28 U.S.C. SECTION 1404(A)

-1-

1 quantifying licensed drivers by state, available at 2 http://www.fhwa.dot.gov/ohim/hs00/pdf/dl22.pdf, last visited on January 10, 2011. 3 10. Attached hereto as Exhibit H is a true and correct copy of the U.S.

4 Department of Transportation, Federal Highway Administration's 2004 statistics 5 quantifying public road length by state, available at 6 http://www.fhwa.dot.gov/policy/ohim/hs04/pdf/hm10.pdf, last visited on January 7 10, 2011. 8 11. Attached hereto as Exhibit I is a true and correct copy of the National

9 Highway Traffic Safety Administration's 2005-2009 report for the State of 10 California, available at http://www-nrd.nhtsa.dot.gov/departments/nrd11 30/ncsa/stsi/6_CA/2009/6_CA_2009.PDF, last visited on January 10, 2011. 12 12. Attached hereto as Exhibit J is a true and correct copy of the National

13 Highway Traffic Safety Administration's 2005-2009 report for the State of 14 Minnesota, available at http://www-nrd.nhtsa.dot.gov/departments/nrd15 30/ncsa/stsi/27_MN/2009/27_MN_2009.PDF, last visited on January 10, 2011. 16 13. Attached hereto as Exhibit K is a true and correct copy of the U.S.

17 Department of Transportation, Federal Highway Administration's 2009 notice 18 quantifying apportionment of funds for highway infrastructure investment pursuant 19 to the American Recovery and Reinvestment Act of 2009, available at 20 http://www.fhwa.dot.gov/legsregs/directives/notices/n4510705.pdf, last visited on 21 January 10, 2011. 22 14. Attached hereto as Exhibit L is a true and correct screenshot of the

23 relevant section of the United States Census Bureau's 2008 state and local 24 government spending spreadsheet regarding California highway spending, full 25 spreadsheet available at http://www2.census.gov/govs/estimate/08slsstab1a.xls, last 26 visited on January 10, 2011. 27 15. Attached hereto as Exhibit M is a true and correct screenshot of the -2-

28 relevant section of the United States Census Bureau's 2008 state and local
DECLARATION OF EMILY C. O'BRIEN IN SUPPORT OF AVERY DENNISON'S OPPOSITION TO 3M'S MOTION TO TRANSFER PURSUANT TO 28 U.S.C. SECTION 1404(A)

1 government spending spreadsheet regarding Minnesota highway spending, full 2 spreadsheet available at http://www2.census.gov/govs/estimate/08slsstab1a.xls, last 3 visited on January 10, 2011. 4 The foregoing is true and correct to the best of my knowledge, information

5 and belief subject to penalty of perjury under the laws of the United States. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
DECLARATION OF EMILY C. O'BRIEN IN SUPPORT OF AVERY DENNISON'S OPPOSITION TO 3M'S MOTION TO TRANSFER PURSUANT TO 28 U.S.C. SECTION 1404(A)

January 10, 2011

/s/ Emily C. O'Brien Emily C. O'Brien

-3-