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JAMES J. BROSNAHAN (CA SBN 34555) [email protected] JUDSON E. LOBDELL (CA SBN 146041) [email protected] MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 JAMES W. HUSTON (CA SBN 115596) [email protected] MORRISON & FOERSTER LLP 12531 High Bluff Drive, Suite 100 San Diego, California 92130-2040 Telephone: 858.720.5100 Facsimile: 858.720.5125 Attorneys for Defendant LUCASFILM LTD.
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
RAND INTERNATIONAL, INC., Plaintiff, v. LUCASFILM LTD., Defendant.
Case No. CV-08-3897-JSW DECLARATION OF DAVE ANDERMAN IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFF'S EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER Date: Time: Ctrm: Judge: August 22, 2008 9:00 a.m. 2 Hon. Jeffrey S. White
DECL. OF DAVE ANDERMAN ISO DEF'S OPP. TO EX PARTE APPLICATION FOR TRO Case No. CV 08-03897 JSW sf-2562901
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I, David J. (Joshua) Anderman, hereby declare as follows: 1. I am the Senior Director of Business Affairs for Lucasfilm Ltd. ("Lucasfilm"). I
have been with the company's Business Affairs department since March 1998. I am an attorney, licensed to practice in the State of California. Except for any matters stated on information and belief, of which I am informed and which I believe are true, I have personal knowledge of the facts stated in this declaration. 2. Following issuance of the termination notice to Rand on June 18, 2008, I
participated in a number of discussions and corresponded frequently with Rand regarding the test results from Bureau Veritas ("BV"), as well as general questions of quality control. With respect to the BV results showing unacceptable levels of lead on a Star Wars branded bike, Rand insisted that there must be something wrong with the tests. However, Rand provided no evidence either to support the allegations that the tests were incorrect or to indicate that Rand was engaged in a proactive strategy to determine how such a high lead presence could result. Rand merely asserted that the test was incorrect because there could be no explanation for why different components of the 16" Clone Wars bike received uniform test results, and therefore the tests must be mistaken. Rand repeatedly asserted that it was impossible that all of the different components of the bike had the same result for their surface paint lead count. Attached hereto as Exhibit 1 is a true and correct copy of the June 23, 2008 letter from Allen Goldmeier to Christine Talarides, an attorney in the Lucasfilm Business Affairs Department who reports to me. 3. After repeated requests to Rand representatives that they retest with BV--an
established testing center, and the same company that conducted the original lead paint tests that failed--and after having received various excuses from Rand, including the suggestion that it would take a month to retest, I personally called BV on or around July 9, 2008. I spoke with Jada Lam, an executive in BV's consumer service division, preliminarily, and was referred to Joyce Chan in the heavy metals department of BV's Toy, Premium, and Juvenile Products Division. Through conversations with BV I learned that the reason the lead results on the failed product safety test for the 16" Clone Wars bicycle resulted in a uniform lead count on different parts of
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the bicycle was because the test center conducts its lead test by color sampling--scraping samples of black paint from different parts of the bicycle and mixing it together for testing. 4. I asked BV if they had a testing backlog and they said that, in fact, they were not
very busy. Although the usual turnaround time is 13 days for a test, I was told that they could turn a test around in eleven days. For an extra charge the test could be expedited to three days. 5. During that conversation I further learned that BV did not have any record that any
Clone Wars bikes had been resubmitted for testing by Rand. 6. Quite soon after our conversation, on July 10, 2008, I received a communication
from Joyce Chan of the Heavy Metals Department, Toys, Premium and Juvenile Products Division of BV confirming the color sampling methodology used on the 16" Clone Wars bicycle. Attached hereto as Exhibit 2 is a true and correct copy of the July 10, 2008 series of e-mails between Joyce Chan and myself. 7. On July 10, 2008, BV also e-mailed to me a picture indicating the parts on the bike
from which the contaminated paint came. Attached hereto as Exhibit 3 is a true and correct copy of the July 10, 2008 series of e-mails between BV and myself, along with a copy of the picture of the bike that had been tested. 8. On July 11, 2008, I sent Mark Worksman at Rand a letter describing this
conversation with BV. I did not receive any response from Rand to these points. Attached hereto as Exhibit 4 is a true and correct copy of the July 11, 2008 letter to Mark Worksman from me. 9. Based on information and belief, Rand has never retested the bike in question that
failed the paint test. 10. On June 18, 2008 and again on June 20, and in other correspondence and
conversations, we demanded a recall of Licensed Products, pursuant to section 4.6 of the Licensing Agreement. Attached hereto as Exhibit 5 is a true and correct copy of the June 18, 2008 letter to Mark Worksman from Christine Talarides and the June 20, 2008 letter to Mark Worksman from Christine Talarides. 11. On information and belief, Rand never performed a recall of any of its Star Wars
branded products. 2
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----- Original Message ----From: [email protected]
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Fw: Technical Inquiry / Li Chen / 5208-143-0851 Case 3:08-cv-03897-JSW Document 21-4
Tel.:(852) 2331-0888 Fax:(852) 2331-0889 Direct line: (852) 2331-0786 Email: [email protected]
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NOTICE: This message contains information which is confidential and the copyright of our company or a third party. If you are not the intended recipient of this message please delete it and destroy all copies. If you are the intended recipient of this message you should not disclose or distribute this message to third parties without the consent of our company. Our company does not represent, warrant and/or guarantee that the integrity of this message has been maintained nor that the communication is free of virus, interception or interference. The liability of our company is limited by our General Conditions of Services.
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