Free Declaration in Support - District Court of California - California

Case 3:08-cv-03471-SI

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Anthony Schoenberg (State Bar No. 203714) [email protected] Deepak Gupta (State Bar No. 226991) [email protected] Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: (415) 954-4400 Facsimile: (415) 954-4480 Attorneys for Defendants DANIEL PATRICK GORMAN FRAMEBIRD MEDIA CHARLIE SEVEN FILMS, LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

GREGORY SHADE, Plaintiff, vs. DANIEL PATRICK GORMAN individually and dong business as CHARLIE SEVEN FILMS, LLC, FRAMEBIRD MEDIA, CHIP R. BEASLEY, and ANDREW ELLIS, Defendants.

Case No. 08 CV 3471 (SI) DECLARATION OF DEEPAK GUPTA IN SUPPORT OF EX PARTE APPLICATION TO EXTEND TIME TO RESPOND TO THE COMPLAINT Judge: Dept: Hon. Susan Illston Courtroom 10, 19th Floor

DECLARATION OF DEEPAK GUPTA RE EX PARTE APPLICATION TO EXTEND TIME TO RESPOND TO COMPLAINT Case No. 08 CV 3471 (SI)

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I, Deepak Gupta, declare as follows: 1. I am an attorney duly admitted to practice in the State of California and am an

attorney at the law firm of Farella Braun & Martel LLP ("Farella"), counsel for Defendant Daniel Gorman, Framebird Media and Charlie Seven Films, LLC ("Gorman") in the above-captioned matter. I have personal knowledge of the matters stated herein, and if called to testify, could and would testify competently thereto. 2. Attached hereto as Exhibit A is a true and correct copy of the proof of service that

was attached to the complaint and summons that was served on Daniel Gorman on July 26, 2008. 3. Counsel at Farella agreed to represent Defendant Gorman on a pro bono basis late

last week and is still completing its review of the complaint. Counsel's initial review indicates possible grounds for a motion under Federal Rule of Civil Procedure 12. The current August 15, 2008 due date would make it impossible to complete such a motion. 4. Defendant's counsel promptly contacted Plaintiff's counsel after agreeing to

represent Gorman on August 6, 2008 asking for an extension of time. Plaintiff stated that he would check with his client, who was out of the country, to determine if an extension could be granted. 5. Defendant's counsel sent an email on August 8, 2008 reiterating the request for an

extension and asking for agreement by August 11, 2008 at noon. Attached hereto as Exhibit B is a true and correct copy of that email. 6. Plaintiff's counsel responded asking if Defendants would be willing to answer

instead of move to dismiss. Defendant's counsel stated it would not agree to answer, and was considering a motion to dismiss. Attached hereto as Exhibit C is a true and correct copy of Plaintiff's response and Defendant's response. 7. Defendant's counsel contacted Plaintiff's counsel after noon on August 11, 2008

to ask if a decision on an extension had been reached. Plaintiff's counsel was unavailable. As of 5:00 p.m. on August 11 Plaintiff had not yet replied regarding Defendant's requested extension. 8. extension.
DECLARATION OF DEEPAK GUPTA RE EX PARTE APPLICATION TO EXTEND TIME TO RESPOND TO COMPLAINT Case No. 08 CV 3471 (SI)

In none of these exchanges did Plaintiff's counsel cite any prejudice from an

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9.

There have been no previous time modifications in this action and the requested

time modification would have no other effect on the schedule for this case. 10. I declare under penalty of perjury that the foregoing is true and correct. Executed

on August 11, 2008, in San Francisco, California.

/s/ Deepak Gupta Deepak Gupta

DECLARATION OF DEEPAK GUPTA RE EX PARTE APPLICATION TO EXTEND TIME TO RESPOND TO COMPLAINT Case No. 08 CV 3471 (SI)

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