Free Declaration in Support - District Court of California - California

Case 5:08-cv-00213-JF

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

WILLIAM A. SOKOL, Bar No. 072740 BRUCE A. HARLAND, Bar No. 230477 WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, California 94501-1091 Telephone 510.337.1001 Fax 510.337.1023 Attorneys for Petitioner SEIU, Local 715

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

SERVICE EMPLOYEES INTERNATIONAL ) ) UNION, LOCAL 715, ) ) Petitioner, ) ) v. ) ) ) STANFORD HOSPITAL & CLINICS and ) LUCILE PACKARD CHILDREN'S ) HOSPITAL, ) Respondents. ) ) ) ) )

No.

5:08-CV-00213-JF

DECLARATION OF BRUCE A. HARLAND IN SUPPORT OF SEIU, LOCAL 715'S OPPOSITION TO MOTION TO CONTINUE DEADLINE TO FILE/HEAR DISPOSITIVE MOTION [Local Rules 6-1 and 6-3] Judge: Hon. Jeremy Fogel

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Declaration of Bruce A. Harland in Support of Local 715's Opposition to Motion to Continue Case No. 5:08-CV-00213-JF

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

I, Bruce A. Harland, hereby declare as follows: 1. I am a shareholder in the law firm of Weinberg, Roger and Rosenfeld, and am one

of the attorneys representing SEIU, Local 715 in the above-entitled case. I make this declaration upon my personal knowledge, and, if called as a witness, I could competently testify to the facts hereinafter stated. 2. Attached as Exhibit A is a true and correct copy of a memo and report entitled,

"Impact of Current Disputes Among Unions in the California Healthcare Industry." Much of the report focuses on the Service Employees International Union ("SEIU") and its affiliates. 3. Contrary to the Hospitals' contention that Local 715 refused to produce the Trustee

of Local 715, Local 715 never refused to produce the Trustee but simply stated that the Trustee was not available on June 26, 2008 and, subsequently, offered alternative dates. Attached as Exhibit B is a true and correct copy of an email between counsel regarding the scheduling of the Trustee's deposition. 4. 5. The Hospitals noticed the deposition of Gregory Pullman for July 7, 2008. Although Mr. Pullman appeared and counsel for Local 715 appeared at the

deposition, the Hospitals did not appear, disingenuously claiming that counsel for Mr. Pullman stated that Mr. Pullman's deposition could not go forward on July 7. 6. Counsel for Mr. Pullman denies that he ever had such a conversation with the

Hospitals' counsel. Attached as Exhibit C is a true and correct copy of an email between counsel for Mr. Pullman and counsel for the Hospitals regarding Mr. Pullman's deposition. 7. On or about June 23, 2008, Local 715 produced responsive documents to the

Hospitals' fifty-seven Requests for Production of Documents. 8. On or about July 1, 2008, SEIU produced responsive documents to the Hospitals'

fifty-seven Requests for Production of Documents pursuant to a subpoena duces tecum. A true and correct copy of the email, attaching the responsive documents is attached as Exhibit D. 9. In addition, SEIU has offered to produce "a person most knowledgeable" as to

Local 715's existence. The Hospitals have declined. A true and correct copy of the email between

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-2Declaration of Bruce A. Harland in Support of Local 715's Opposition to Motion to Continue Case No. 5:08-CV-00213-JF

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WEINBERG, ROGER & ROSENFELD A Professional Corporation
1001 Marina Village Parkway Suite 200 Alameda, CA 94501-1091 510.337.1001

counsel for SEIU and counsel for the Hospitals is attached as Exhibit E. 10. SEIU has offered to stipulate to the authenticity of documents involving Mr. Stern.

The Hospitals have declined. A true and correct copy of the email between counsel for SEIU and counsel for the Hospitals is attached as Exhibit E. I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct. Executed this 8 day of July 2008 in Alameda, California.

/s/ BRUCE A. HARLAND BRUCE A. HARLAND
117985/499136

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-3Declaration of Bruce A. Harland in Support of Local 715's Opposition to Motion to Continue Case No. 5:08-CV-00213-JF

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