Vargas et al v. Pfizer Inc. et al

Filing 96

DECLARATION of Paul Chin in Opposition re: 85 SECOND MOTION for Summary Judgment.. Document filed by Ralph Vargas. (Attachments: # 1 Exhibit 1 to Plaintiffs' Opposition# 2 Exhibit 2 to Plaintiffs' Opposition# 3 Exhibit 3 to Plaintiffs' Opposition# 4 Exhibit 4 to Plaintiffs' Opposition# 5 Exhibit 5 to Plaintiffs' Opposition# 6 Exhibit 6 to Plaintiffs' Opposition# 7 Exhibit 7 to Plaintiffs' Opposition# 8 Exhibit 8 to Plaintiffs' Opposition# 9 Exhibit 9 to Plaintiffs' Opposition# 10 Exhibit 10 to Plaintiffs' Opposition# 11 Exhibit 11 to Plaintiffs' Opposition# 12 Exhibit 12 to Plaintiffs' Opposition# 13 Exhibit 13 to Plaintiffs' Opposition# 14 Exhibit 14 to Plaintiffs' Opposition# 15 Affidavit Declaration of Paul Chin in Support of Opposition# 16 Exhibit Declaration of Paul Chin of unsuccessful attempt to file exhibits on ECF)(Chin, Paul)

Vargas et al v. Pfizer Inc. et al

Doc. 96

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 IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT 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 identifying the exhibits which contain the relevant portions of Plaintiffs' evidence that establish disputed material issues of fact in support of Plaintiffs' Opposition to Defendant Brian Transeau's ("Defendant BT") motion for summary judgment ("Defendant's Motion") 1: 2. Attached hereto as Plaintiffs' Exhibit 1 is a true and correct copy of

Plaintiffs' Second Amended Complaint filed in this action.

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Defendant East West Communications, Inc. ("Defendant EWC") has joined in Defendant's Motion.

Dockets.Justia.com

3.

Attached hereto as Plaintiffs' Exhibit 2 is a true and correct copy of the

relevant portions of the deposition transcript of Plaintiff Ralph Vargas taken on July 31, 2006. 4. Attached hereto as Plaintiffs' Exhibit 3 is a true and correct copy of the

Declaration of Matthew Ritter ("Ritter Decl."), with attached exhibits, which was marked as Defendants' Exhibit 5 during the deposition of Ralph Vargas on July 31, 2006. 5. Attached hereto as Plaintiffs' Exhibit 4 is a true and correct copy of the

Plaintiffs' document bates stamped numbers 000003 and 000017 which produced to Defendant BT during discovery. 6. Attached hereto as Plaintiffs' Exhibit 5 is a true and correct copy of the

relevant portions of the deposition transcript of Plaintiff Bland-Ricky Roberts taken on August 2, 2006. 7. Attached hereto as Plaintiffs' Exhibit 6 is a true and correct copy of the

relevant portions of the deposition transcript of Defendant Brian Transeau taken on August 16, 2006. 8. Attached hereto as Plaintiffs' Exhibit 7 is a true and correct copy of a

Plaintiffs' First Set of Interrogatories to Defendant Brian Transeau and Responses Thereto ("Defendant BT's Interrogatory Resp.") dated September 2, 2005. 9. Attached hereto as Plaintiffs' Exhibit 8 is a true and correct copy of a

Plaintiffs' First Set of Interrogatories to Defendant East West Communications and Responses Thereto ("Defendant EWC's Interrogatory Resp.") dated September 2, 2005.

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10.

Attached hereto as Plaintiffs' Exhibit 9 is a true and correct copy of the

Declaration of Ivan A. Rodriguez ("Rodriguez Decl."), which was marked as Defendants' exhibit 22 during Defendants' deposition of Ivan A. Rodriguez on August 9, 2006. 11. Attached hereto as Plaintiffs' Exhibit 10 is a true and correct copy of the

relevant portions of the deposition transcript of Ivan Rodriguez taken on August 9, 2006. 12. Attached hereto as Plaintiffs' Exhibit 11 is a true and correct copy the

Expert Report of Dr. Steven Smith ("Dr. Smith's Expert Report"), which was marked as Defendants' exhibit 34 during Defendants' deposition of Dr. Steven Smith on August 15, 2006. 13. Attached hereto as Plaintiffs' Exhibit 12 is a true and correct copy of the

relevant portions of the deposition transcript of Matthew Ritter dated August 10, 2006. 14. Attached hereto as Plaintiffs' Exhibit 13 is a true and correct copy of the

relevant portions of the deposition transcript of Dr. Steven Smith taken on August 15, 2006. 15. Attached hereto as Plaintiffs' Exhibit 14 is a true and correct copy of the

expert opinion of Defendant BT's expert Dr. Richard Boulanger dated January 31, 2006 ("Boulanger's Report"). Dated: New York, New York October 12, 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

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TO:

Julie Ahrens, Esq. Kirkland & Ellis, LLP 555 California Street, Suite 2700 San Francisco, CA 94104 Counsel for Defendant Transeau David S. Olson, 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

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CERTIFICATE OF SERVICE On the 12th day of October, 2006, a true and correct copy of the DECLARATION OF PAUL A. CHIN IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT was served via priority mail, with delivery confirmation, 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. 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

10/12/06 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

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