Vargas et al v. Pfizer Inc. et al

Filing 107

DECLARATION of Paul A. Chin in Support re: 105 FIRST MOTION for Reconsideration of Court's bench order on November 3, 2006.. Document filed by Ralph Vargas. (Attachments: # 1 Exhibit A - Oral argument transcript)(Chin, Paul)

Vargas et al v. Pfizer Inc. et al

Doc. 107

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK RALPH VARGAS and BLAND-RICKY ROBERTS : : : Plaintiffs : vs. : : PFIZER INC., PUBLICIS, INC., FLUID MUSIC, : EAST WEST COMMUNICATIONS, INC. and : BRIAN TRANSEAU p/k/a "BT" : : Defendants : : CASE NO.: 04 CV 9772 (WHP) (JCF) ECF CASE

DECLARATION OF PAUL A. CHIN SUBMITTING COPY OF THE ORAL ARGUMENT TRANSCRIPT IN SUPPORT OF PLAINTIFFS' MOTION FOR RECONSIDERATION PAUL A. CHIN declares and states as follows: 1. I am an attorney licensed to practice law in the courts of the state of New

York and in this District and am counsel for Ralph Vargas ("Plaintiff Vargas") and Bland-Ricky Roberts ("Plaintiff Roberts") (collectively "Plaintiffs") in the above captioned matter. I hereby submit this declaration in support of Plaintiffs' motion for reconsideration. 2. On November 9, 2006, Plaintiffs filed and served their motion for

reconsideration, and memorandum in support thereof, ("Plaintiffs' Motion") with the Court and the attorneys representing Brian Transeau ("Defendant Transeau") and East West Communications, Inc. ("Defendant EWC") (collectively "Defendants"). 3. Due to the short period of time in which Plaintiffs had to file their motion

for reconsideration, in accordance with Rule 6.3 of the Local Rules of this Court, Plaintiffs' Motion was filed without a copy of the transcript of the oral argument before

Dockets.Justia.com

the Court on November 3, 2006 (the "transcript"); which contained the decision and order of the Court that Plaintiffs are seeking reconsideration. However, Plaintiffs did inform the Court that once they received a copy of the transcript they would submit the same to the Court and to the attorneys representing Defendants. See, Plaintiff' Motion, pg. 5, fn.1. 4. Plaintiffs subsequently received a copy of the transcript today, November

14, 2006, and have attached said transcript to this declaration as Exhibit A. 5. Plaintiffs hereby submit a copy of the transcript, dated November 3, 2006,

of the parties' oral argument before the Court on Defendant Transeau's second motion for summary judgment. The transcript is submitted in support of Plaintiffs' Motion. Dated: New York, New York November 14, 2006 Respectfully submitted, s/ Paul A. Chin Paul A. Chin, Esq. (PC9656) LAW OFFICES OF PAUL A. CHIN The Woolworth Building 233 Broadway, 5th Floor New York, NY 10279 [phone] Attorneys for Plaintiffs

TO:

Julie Ahrens, Esq. Kirkland & Ellis, LLP 555 California Street, Suite 2700 San Francisco, CA 94104 Counsel for Defendant Transeau David S. Olson, Esq. Anthony Falzone, Esq. Center for Internet and Society Stanford Law School 559 Nathan Abbott Way Stanford, CA 94305-8610 Counsel for Defendant Transeau

2

Eric M. Stahl, Esq. Davis Wright Tremaine, LLP 1501 4th Avenue, Suite 2600 Seattle, WA 98101-1688 Counsel for Defendant East West Communications

3

CERTIFICATE OF SERVICE On the 14th day of November, 2006, a true and correct copy of the DECLARATION OF PAUL A. CHIN SUBMITTING A COPY OF THE ORAL ARGUMENT TRANSCRIPT IN SUPPORT OF PLAINTIFFS' MOTION FOR RECONSIDERATION was served pursuant to Local Rule 5.2 of the Local Rules of the United States District Court for the Southern and Eastern Districts of New York, via email and first-class mail, postage pre-paid to the following attorneys representing the Defendants: Julie Ahrens, Esq. Kirkland & Ellis, LLP 555 California Street, Suite 2700 San Francisco, CA 94104 Counsel for Defendant Transeau David S. Olson, Esq. Anthony Falzone, Esq. Center for Internet and Society Stanford Law School 559 Nathan Abbott Way Stanford, CA 94305-8610 Counsel for Defendant Transeau Eric M. Stahl, Esq. Davis Wright Tremaine, LLP 1501 4th Avenue, Suite 2600 Seattle, WA 98101-1688 Counsel for Defendant East West Communications 11/14/06 Date s/ Paul A. Chin Paul A. Chin, Esq. (PC 9656) LAW OFFICES OF PAUL A. CHIN The Woolworth Building 233 Broadway, 5th Floor New York, NY 10279 [phone] Attorneys for Plaintiffs

4