Free Response in Opposition to Motion - District Court of California - California

Case 3:07-cv-02278-BTM-CAB

Document 19-3

Filed 02/08/2008

Page 1 of 6

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 27 28

J. MICHAEL KALER, SBN 158296 KALER LAW OFFICES 9930 Mesa Rim Road, Suite 200 San Diego, California 92121 Telephone (858) 362-3151 MELODY A. KRAMER, SBN 169984 KRAMER LAW OFFICE, INC. 9930 Mesa Rim Road, Suite 1600 San Diego, California 92121 Telephone (858) 362-3150 Attorneys for Plaintiff JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST, Plaintiff, v. HELEN OF TROY Texas Corporation; OXO International Ltd.; and DOES 1100, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 07-CV-02278-BTM-CAB DECLARATION OF MELODY A. KRAMER IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO STAY PENDING OUTCOME OF REEXAMINATION PROCEEDINGS Date: February 22, 2008 Time: 11:00 a.m. Courtroom 15 ­ 5th Floor The Hon. Barry T. Moskowitz NO ORAL ARGUMENT UNLESS REQUESTED BY THE COURT

Case 3:07-cv-02278-BTM-CAB

Document 19-3

Filed 02/08/2008

Page 2 of 6

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 27 28

I, MELODY A. KRAMER, declare: 1. I am not a party to the present action. I am over the age of eighteen. I

have personal knowledge of the facts contained within the following paragraphs, and could and would competently testify thereto if called as a witness in a court of law. 2. At all times relevant herein I have been an attorney for Sorensen

Research and Development Trust ("SRDT"), Plaintiff in the above-captioned matter. 3. This Declaration is being submitted in conjunction with Plaintiff's

Opposition to Defendant's Motion for Stay Pending Outcome of Reexamination Proceedings. 4. Prior to filing this case, I located publicly available records from the

Texas Secretary of State's office identifying Defendant Helen of Troy Texas Corporation as an existing Texas corporation. A copy of the printout from the official website is attached hereto as Exhibit A.

RESPECTFULLY SUBMITTED this Friday, February 08, 2008. JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST, Plaintiff /s/ Melody A. Kramer Melody A. Kramer, Esq. Attorney for Plaintiff

1.

Case No. 07-CV-02278

Case 3:07-cv-02278-BTM-CAB

Document 19-3

Filed 02/08/2008

Page 3 of 6

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 27 28
X PERSON(S) SERVED

PROOF OF SERVICE I, J. Michael Kaler declare: I am and was at the time of this service working within in the County of San Diego, California. I am over the age of 18 year and not a party to the within action. My business address is the Kaler Law Offices, 9930 Mesa Rim Road, Suite 200, San Diego, California, 92121. I am a member of the State Bar of California and the Bar of this Court. On February 8, 2008, I served on the parties to this action the following documents: DECLARATION OF MELODY A. KRAMER IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO STAY PENDING OUTCOME OF REEXAMINATION PROCEEDINGS

PARTY(IES) SERVED

METHOD OF SERVICE Email--Pleadings Filed with the Court via CM/ECF

Erik B. Von Ziepel Seyfarth Shaw LLP 2029 Century Park East, Suite 3300 Los Angeles, CA 90067 [email protected]

Helen of Troy Texas Corporation; Oxo International Ltd.

(Personal Service) I caused to be personally served in a sealed envelope hand-delivered to the office of counsel during regular business hours. (Federal Express) I deposited or caused to be deposited today with Federal Express in a sealed envelope containing a true copy of the foregoing documents with fees fully prepaid addressed to the above noted addressee for overnight delivery. (Facsimile) I caused a true copy of the foregoing documents to be transmitted by facsimile machine to the above noted addressees. The facsimile transmissions were reported as complete and without error. (Email) I emailed a true copy of the foregoing documents to an email address represented to be the correct email address for the above noted addressee. (Email--Pleadings Filed with the Court) Pursuant to Local Rules, I electronically filed this document via the CM/ECF system for the United States District Court for the Southern District of California.

2.

Case No. 07-CV-02278

Case 3:07-cv-02278-BTM-CAB

Document 19-3

Filed 02/08/2008

Page 4 of 6

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 27 28

I declare that the foregoing is true and correct, and that this declaration was executed on Friday, February 8, 2008, in San Diego, California. /s/ J. Michael Kaler __________________________ J. Michael Kaler

3.

Case No. 07-CV-02278

Case 3:07-cv-02278-BTM-CAB

Document 19-3

Filed 02/08/2008

Page 5 of 6

EXHIBIT A

Case 3:07-cv-02278-BTM-CAB

Document 19-3

Filed 02/08/2008

Page 6 of 6