Free Declaration - District Court of California - California

Case 3:07-cv-02390-JAH-POR

Document 21

Filed 03/16/2008

Page 1 of 7

1
2

3
4
5

WENDY L. SLA V.KIN, ESQ. [email protected] 11707 Sunset Boulevard, Suite 24 Los Angeles, California 90049 State Bar No. 89100 (310) 476-1939 fax 476-1959 voice for Defendants and ALLEN YAN CHOW IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA

6 II Attorney

7 .. YAN WHOLESALE

8
9
10

11 IIGEORGIA-PACIFIC, PRODUCTS LP,
12 13

CONSUMER

Civil Action No. 07-CV-02390 JAH POR DECLARATIONS OF ALLEN YAN CHOW AND WENDY L. SLA VKIN, ESQ., RE COMPLIANCE WITH PRELIMINARY INJUNCTION

Plaintiff,

vs.

14.

YAN WHOLESALE; RUSH WHOLESALE; 15 IIYES WHOLESALE; YES WHOLESALE OF MEXICO; ALLEN YAN CHOW, an 16 IIindividual; ROMAN RUSHINSKY, an individual; GLEB TABACHNIK, an 17 II individual; JOHN YEH, an individual
18

Defendants

19 II
20 21 22 23 24 25 26

I

I, ALLEN YAN CHOW, declare as follows:

1.
myself

I am the sole owner of YAN WHOLESALE, matter. The matters

a named herein

Defendant

along wit

in the above-referenced I am competent I submit Preliminary

stated

are true of my ow

knowledge, 2. Granting Defendants

to testify thereto, and would so testify if called upon to do so. in compliance
n describing

this Declaration Injunction,

with

paragraph the

4 of the Orde actions taken b

to wit:

in detail

27
28

to comply with the requirements

of this Order". Preliminary Injunction I have complied wit

3.

Since entry of the Order Granting

1
DECLARATIONS OF ALLEN YAN CHOW AN WENDY L. SLA VKIN RE COMPLAINCE WIT

PRELIMINARY INJUNCTION
07-CV-02390 JAH PO

Case 3:07-cv-02390-JAH-POR

Document 21

Filed 03/16/2008

Page 2 of 7

1 II each and every provision thereof; specifically: 2 II A. I have ceased importing, manufacturing, distributing, shipping

3 II advertising, marketing, promoting, selling or offering to sell any" Angel" bathroom tissu 4 II product bearing marks or images the same as or similar to that shown in the photograp 5 II contained in the Order for Preliminary Injunction, or any bathroom tissue product 6 II containing the word "Angel" . 7
B.

On January 18, 2008, my attorney, Wendy L. Slavkin, provided writte

8 II notice to counsel for Georgia-Pacific that there was only one store that I found who was stil 9 II in possession of any bathroom tissue bearing the Angel name. 10 II Bargains" located at 4293 Bandini Blvd., City of Vernon, CA. At that time, they ha 11 II approximately 40 cartons of inventory, valued at approximately $1,000. Prior to January 18
12 112008, I contacted all of my other known suppliers and no one else had any Angel product

13 II left.
14

c.

On December 22, 2007, the day after I was served with the herei

15 II lawsuit, I sent a fax to my manufacturers and agent in China advising them that ther 16 II would be no further manufacturing of any products bearing the name" Angel". 17 II 4. In addition to the foregoing, through my attorney, I have provided Georgia

18 II Pacific's counsel with a list of all my customers to whom I had sold the Angel products to a 19 II well as the name of my agent and manufacturer in China. 20 II I declare under penalty of perjury under the laws of the United States that th

21 II foregoing is true and correct. 22 II
24
25 26

23

Executed this 14th day of March, 2008, at Los Angeles, California. / s/ Allen Yan Chow ALLENYAN CHOW, DECLARANT

27
28

2
DECLARATIONS OF ALLEN YAN CHOW AN WENDY L. SLAVKIN RE COMPLAINCE WIT PRELIMINARY INJUNCTION
07-CV-02390 JAH PO

Case 3:07-cv-02390-JAH-POR

Document 21

Filed 03/16/2008

Page 3 of 7

1 II
2 II

DECLARATION

OF WENDY L. SLA VKIN

I, WENDY L. SLAVKIN, declare as follow:

3
4 5 6 7

1.

I am an attorney at law duly licensed to practice before this court and al I am the attorney of record for Defendants ALLEN YA

courts of the State of California.

CHOW and YAN WHOLESALE. The matters stated herein are true of my own knowledge I am competent to testify thereto, and would so testify if called upon to do so. I submit this Declaration in support of Defendants' compliance wit 2.

8 II paragraph 4 of the Order Granting Preliminary Injunction, to wit: "describing in detail th 9 II actions taken by Defendants to comply with the requirements of this Order".
10

3.

On January 18, 2008, I faxed and mailed a letter to Plaintiff's counsel, Stephe

11 II P. Swinton, advising him of the status of my client's compliance with the provisions of th 12 II Order Granting Preliminary Injunction. A true and correct copy of that letter is attache

13 II hereto as Exhibit" A" and incorporated herein by this reference. 14 II I declare under penalty or perjury under the laws of the United States that th

15 II foregoing is true and correct. 16 II
17 18 19 20 21 22 23

Executed this 14th day of March, 2008, at Los Angeles, California IS/Wendy L. Slavkin WENDY L. SLAVKIN

24 25
26

27
28

3
DECLARATIONS OF ALLEN YAN CHOW AN WENDY L. SLA VKIN RE COMPLAINCE WIT PRELIMINARY INJUNCTION 07-CV -02390 JAH PO

Case 3:07-cv-02390-JAH-POR

Document 21

Filed 03/16/2008

Page 4 of 7

.//

,

Case 3:07-cv-02390-JAH-POR

Document 21

Filed 03/16/2008

Page 5 of 7

WENDY L. SLAVKIN
ATTORNEY AT LAW 11707 Sunset Boulevard, Suite 24, Los Angeles, California 90049 telephone: 310.476.1959 facsimile: 310.476.1939 email: [email protected]

FACSIMILE TRANSMISSION
Transmission Date: Sent To: Company: Fax Number: Sender: Number of pages including cover sheet:

COVER SHEET

January 18, 2008 Stephen P. Swinton, Esq .. LATHAM & WATKINS LLP (858) 523-5450 Wendy Slavkin

2
(310) 476-1959

If copies received are not legible, please call us at:

THE INFORMATION CONTAINED IN THIS FAX IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS NAMED ABOVE. THIS MESSAGE IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS DOCUMENT IN ERROR AND THAT ANY REVIEW, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US BY MAIL. THANK YOU.

COMMENTS:

EXHIBIT A

Case 3:07-cv-02390-JAH-POR

Document 21

Filed 03/16/2008

Page 6 of 7

FILE

COpy

\xIf;NDY L. SLAVKIN
ATTORNJ;Y AT LAW
11707 SUNSJ;T BOULJ;VARD

SUITJ; '24, LOS ANGJ;;:;LJ;;:;S, CALlt=ORNIA
310.476.1939

90049

TJ;;:;LJ;;:;Pl-JONJ;;:; 3104761959

t=ACSIMILf

f-f'1AIL WLSLAVk:IN@AOLCOM

January 18 2008

SENT VIA FACSMILIE 858.523.5450

TRANSMISSION

AND U.S. MAIL

Stephen P. Swinton, Esq. LATHAM & WATKINS, LLP 12636 High Bluff Drive, Suite 400 San Diego, CA 92130-2071

RE:

Van Wholesale adv. Geor2ia-Pacific Consumer Products LP
USDC Case No. 07-CV-02390

Dear Mr. Swinton: In accordance with the Order Granting Preliminary Injunction, and our agreement, please be advised that, as far as my client can tell, only one store still has any of my client's Angel products. That store is Triple Bargains located at 4293 Bandini Blvd., City ofVemon, CA. According to Mr. Chow, they have approximately 40 cartons of inventory valued at approximately $1,000. My client has contacted all of his known suppliers and no one else has any Angel products left. My client is collecting all paperwork regarding his financials for the past few years from the sale of Angel products. I should have that to you by early next week. Thank you for your continuing courtesy and cooperation.

WLS/mf enclosures cc: client (via email)

Case 3:07-cv-02390-JAH-POR
_,HP' Offlcejet 6310 Personal Printer/FaxlCopier/Scanner

Document 21

Filed 03/16/2008
Log fo" '--

Page 7 of 7

Wendy;"L. Slavkin. Esq. 310-47(;-1939 Jan 1fj 2008 11;50AM

Last Transaction

Date

Time

Type

Station

10

Duration 1:10

Pages 2

Result
OK

Jan 18 11:49AM Fax Sent

18585235450

EXHIBJT

A