United States of America v. Impulse Media Group Inc

Filing 47

DECLARATION of Robert S. Apgood filed by Defendant Impulse Media Group Inc re 45 MOTION for Relief Request Regarding Attendance at Court Ordered Settlement (Attachments: # 1 Exhibit A - EMail request by Plaintiff for Defendant to agree to filing of Plaintiff's Request Regarding Attendance unopposed# 2 Exhibit B - Proposed Order Plaintiff provided when seeking Defendant's agreement to allow to be filed unopposed# 3 Exhibit C - EMail messages between counsel clarifying terms in proposed motion# 4 Exhibit D - EMail from Defendant's counsel to Plaintiff's counsel declining to agree to filing of motion as unopposed)(Apgood, Robert)

United States of America v. Impulse Media Group Inc

Doc. 47

Case 2:05-cv-01285-RSL

Document 47

Filed 10/14/2007

Page 1 of 4

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 v. IMPULSE MEDIA GROUP, INC., a Washington corporation, Defendant. UNITED STATES OF AMERICA, Plaintiff,

HON. JAMES P. DONOHUE

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

No. CV05 1285 L DECLARATION OF ROBERT S. APGOOD IN SUPPORT OF DEFENDANT'S RESPONSE IN OPPOSITION TO PLAINTIFF'S REQUEST REGARDING ATTENDANCE AT THE COURT ORDERED SETTLEMENT CONFERENCE" AND OBJECTIONS AND MOTIONS RELATED THERETO NOTED ON MOTIONS CALENDAR: OCTOBER 22, 2007

I, Robert S. Apgood, upon my oath do declare and say as follows: 1. Your declarant is at least eighteen years of age and could and would be able to

testify to the herein stated matters; 2. Your declarant is an attorney of record in the above-captioned case and have

personal knowledge of the averments contained herein; 3. On Thursday, October 11, 2007 at 3:03 PM, your declarant received the

CM-ECF notification from the Clerk of the Court informing him that the Plaintiff had filed its "United States' Request Regarding Attendance at the Court Ordered Settlement Conference";
DECLARATION OF ROBERT S. APGOOD IN SUPPORT OF DEFENDANT'S RESPONSE IN OPPOSITION TO PLAINTIFF'S REQUEST REGARDING ATTENDANCE AT THE COURT ORDERED SETTLEMENT CONFERENCE - 1 CARPELAW PLLC 2400 NW 80th Street #130 Seattle, Washington 98117 [phone] - [phone] (fax)
Dockets.Justia.com

Case 2:05-cv-01285-RSL

Document 47

Filed 10/14/2007

Page 2 of 4

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

4.

Your declarant observed that the date that Plaintiff had noted its motion on the

court's calendar is Monday, October 22, 2007; 5. Your declarant reviewed the Local Rules for the United States District Court for

the Western District of Washington wherein Local Rule LR 7(d)(3) informed me that motions of the nature of Plaintiff's motion "oppositions shall be filed and served not later than the Monday before the noting date"; 6. Your declarant consulted a calendar for October 2007 and ascertained that the

Monday before the noting date of October 22, 2007 is Monday, October 15, 2007, a mere four (4) days subsequent to Plaintiff filing the instant motion; 7. When your declarant received the notification of Plaintiff's motion, he was

attending to the following matters: a. Composing Defendant's Settlement Brief ordered by the Honorable Magistrate Judge James P. Donohue in this matter due Thursday, October 18, 2007; b. Composing Defendant's Confidential Statement ordered by the Honorable Magistrate Judge James P. Donohue in this matter due Thursday, October 18, 2007; c. Preparing for court appearance in a criminal matter pending in The Superior Court For The State of Washington In And For King County scheduled for Monday, October 15, 2007; d. Composing a brief in opposition to a motion pending in a copyright infringement in the United States District Court for the Central District of California brought by the defendant in that matter and where damages in that case extend into the millions of dollars; e. Preparing to defend a deposition in a case pending in the Superior Court of California In And For The County Of Los Angeles wherein witness
DECLARATION OF ROBERT S. APGOOD IN SUPPORT OF DEFENDANT'S RESPONSE IN OPPOSITION TO PLAINTIFF'S REQUEST REGARDING ATTENDANCE AT THE COURT ORDERED SETTLEMENT CONFERENCE - 2 CARPELAW PLLC 2400 NW 80th Street #130 Seattle, Washington 98117 [phone] - [phone] (fax)

Case 2:05-cv-01285-RSL

Document 47

Filed 10/14/2007

Page 3 of 4

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 // // // // // 8.

preparation is set for Tuesday, October 16, 2007 and wherein the deposition is scheduled for Wednesday, October 17, 2007; Upon ascertaining that Defendant's Opposition is due no later than Monday,

October 15, 2007, Defendant's counsel was required to immediately suspend his efforts on the matters enumerated in ¶ 7, above, and devote his full attention to this motion, thereby prejudicing the Defendant by curtailing his counsel's attention to the Settlement Brief and Confidential Memorandum ordered by the Honorable Magistrate Judge James P. Donohue; 9. On October 9, 2007, your declarant received an electronic mail message from

Lauren Hash, counsel for Plaintiff, requesting the Defendant consent to the filing by Plaintiff as unopposed, a motion by the Plaintiff. A true and correct copy of the message is attached hereto as Exhibit A and by this reference thereby made a part hereof. A true and correct copy of Plaintiff's proposed motion is attached hereto as Exhibit B and by this reference thereby made a part hereof; 10. Counsel for the parties then exchanged messages wherein your declarant sought

a clarification of the proposed motion. True and correct copies of these communications are attached hereto as Exhibit C and by this reference thereby made a part hereof; 11. After consideration, the Defendant, by and through your declarant, declined to

consent to the proposed motion as unopposed and so notified Plaintiff by electronic mail communication. A true and correct copy of that communication is attached hereto as Exhibit D and thereby made a part hereof; FURTHER YOUR DECLARANT SAYETH NAUGHT.

DECLARATION OF ROBERT S. APGOOD IN SUPPORT OF DEFENDANT'S RESPONSE IN OPPOSITION TO PLAINTIFF'S REQUEST REGARDING ATTENDANCE AT THE COURT ORDERED SETTLEMENT CONFERENCE - 3

CARPELAW PLLC 2400 NW 80th Street #130 Seattle, Washington 98117 [phone] - [phone] (fax)

Case 2:05-cv-01285-RSL

Document 47

Filed 10/14/2007

Page 4 of 4

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

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct to the best of my knowledge. Executed at Seattle, Washington. CARPELAW PLLC s/ Robert S. Apgood WSBA # 31023 CARPELAW PLLC 2400 NW 80th Street #130 Seattle, WA 98117-4449 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail]

DECLARATION OF ROBERT S. APGOOD IN SUPPORT OF DEFENDANT'S RESPONSE IN OPPOSITION TO PLAINTIFF'S REQUEST REGARDING ATTENDANCE AT THE COURT ORDERED SETTLEMENT CONFERENCE - 4

CARPELAW PLLC 2400 NW 80th Street #130 Seattle, Washington 98117 [phone] - [phone] (fax)