Free Declaration in Support - District Court of California - California

Case 3:08-cv-03267-SI

Document 5

Filed 07/07/2008

Page 1 of 4

1

Gary 1. Smith (SB #141393)

ORIGINAL FILED
JUL - 7 2008
CLE RICHARD W. W/EKI f: .t .1.
OF CALIFORNIA

2
3

Ryan R. Tacorda (SB #227070) BEVERIDGE & DIAMOND, P.C. 456 Montgomery Street, Suite 1800
San Francisco, CA 941 04~ 1251

NORTHE~% gi~T~:~rRICT liURT C ""i ¡ 'i ng

4
5

Telephone: (415) 262-4000 Facsimile: (415) 262-4040
Robert Brager

6
7
8

BEVERIDGE & DIAMOND, P.e. 201 North Charles Street, Suite 2210 Baltimore, MD 21201-4150
Telephone: (410) 230-3850

Facsimile: (410) 230-3868
9

Attorneys for Defendant
10 PPG INDUSTRIES, INC.
11

UNITED STATES DISTRICT COURT

81

12
13

NORTHERN DISTRICT OF CALIFORNIA
CALIFORNIAW ATER SERVICE

14 COMPANY,

16 vs.

15 Plaintiff,

(;

7'

1YBO.

3267

17 THE DOW CHEMICAL COMPANY; E.!. DUPONTDE NEMOURS AND COMPANY; i 8 PPG INDUStRIES, INC.; VULCAN MATERIALSCOMP ANY; OCCIDENTAL 19 CHEMICAL CORPORATION; VALERO ENERGY CORPORATION; STAUFFER . 20 CHEMICAL COMPANY; BOWE-PERMAC, INC., individually and d//a BOWE TEXTILE
21 CLEANING, INC.; HOYT CORPORATION; R.R. STREET & CO., INC.; MCGRAW

DECLARATION OF MAURE.ENL. KING IN SUPPORT OF NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.C. § 1441(b) (ORIGINAL JURISDICTION)

22 EDISON COMPANY, individually andd//a AMERICAN LAUNDRY MACHINERY, INC., .23 AMERICAN LAUNDRY MACHINERY, INC., individually and d/b/a AJAX

24 MANUFACTURIG DIVISION AND

MARTIN EQUIPMENT, WHITE 25 CONSOLIDATED INDUSTRIES, INC" individually and d/b/a W ASHEX 26 MACHINERY DIVISION, ELECTROLUX CORPORA TION, LIND US S.R.L., individually 27 and d//a LINDUS WESt, COLUMBIA

DRYCLEANINGMACHINES, a/a
28
-1DECLAR TION OF MAUREEN L. KING rN SUPPORT OF NOTICE OF REMOVAL OF AèTION
UNDER 28 U.S.c. § 1441(b) (ORIGrNAL JURISDICTION)
528343.1

Case 3:08-cv-03267-SI

Document 5

Filed 07/07/2008

Page 2 of 4

COLUMBlAJILSA MACHINES CORP., REALSTAR, INC., individually and d//a 2 REALSTAR USA, UNION DRYCLEANING PRODUCTS USA, FIRBlMA TIC, 3 BERGP ARMA OF AMERICA, LLC, AMA UNIVERSAL, FLUORMATIC MIDWEST 4 LTD., FORENTA LP, WESTERN MULTITEX CORP., MARVEL MANUFACTURING, 5 RENZACCI OF AMERICA, SAIL STAR USA,

VIC MANUFACTURIG CORPORATION,
6 M.B.L., INC., GOSS-JEWETT CO. OF

NORTHERN CALIFORNIA, MCGREGOR 7 . SUPPLY COMPANY, S.B. SUPPLY INC., W ASHEX MACHINERY OF CALIFORNIA, 81... INC., WORKOOM SUPPLY, INC., TA YLO . . HOUSEMAN, INC., UNITED FABRICARE 9 '., SUPPLY, INC., ECHCO SALES INC., MW EQUIPMENT, ARTHUR KAJIW ARA 10 EQUIPMENT CO., INC., KELLEHER EQUIPMENT SUPPLY, INC., US

i 1 MACHINERY & ENGINEERING CO., INC., WYATT-BENNETT, CORBETT 12 EQUIPMENT, FULLER SUPPLY COMPANY, SAV-ON MACHINERY 13 COMPANY, INC. and DOES i through 750, INCLUSIVE,
14

Defendants.
15 16

17 I, Maureen L. King, declare:
18
19 of

1.

I am an attorney licensed to practice law before this Court, and the courts of

the State

California. I am an attorney at the law firm of

Barg

Coffn Lewis & Trapp, LLP,which

20 represents defendant Occidental Chemical Corporation in the above:.referenced action.
21

2.

The following facts are within my personal knowledge and, if called to testify to the

22 matters stated herein, I could and would competently do so.
23
3.
In order to request that defendant Electrolux Corporation ("Electro

lux") join or

24 consent to the Notice of Removal in the above-referenced action, on June i 8,2008, I contacted Skip

25 Lockard of Alston & Bird LLP, counsel for Electrolux. Mr. Lockard informed me that Electrolux
26 had not been served in the above-referenced action. Additionally, Mr. Lockard informed me that
27 named defendant White Consolidated Industries d/b/a WashexMachinery Division no longer exists

.28
DECLARATION OF MAUREEN L. KIG IN SUPPORT OF NOTICE

-2OF REMOVAL OF ACTION UNDER 28 U.S.c. § 1441(b)(ORIGINAL JURISDICTION)
528343.1

Case 3:08-cv-03267-SI

Document 5

Filed 07/07/2008

Page 3 of 4

and had merged into Electrolux Home Products. Mr. Lockard also stated that Electrolux would

2 consent toremoval ifit were to be served. On 1une 25, 2008, Mr. Lockard confirmed that Electrolux
3 remained unserved.

4

4.

In order to request that defendant Marvel Manufacturing ("Marvel") join or

consent

5 to the Notice of Removal, I attempted to contact Marvel or its counseL. On information and belief,

6 Marvel no longer exists. On or about 1 une 18, 2008, I contacted Dan Duncan, former counsel of

7 Marvel, who stated that Marvel had fied for bankruptcy and he had no knowledge regarding
8 Marvel's current legal counsel. On or about June 18,2008, I also

called the phone number listed for

9 Marvel on McRae's Blue Book Industrial Directory

10 (http://ww.macraesbluebook.comlsearchlcompanv) and spoke to an entity which purchased
1 1 Marvel's remaining inventory and the right to

use Marvel's phone number. I was infom1ed that

12 Marvel stopped doing business on July 7,2007. The California Business Poital on the California
13 Secretary of

State website contains no listing for MarveL.
5.
In order to request that defendant U.S. Machinery & Engineering

14

Co., Inc. ("US

15 Machinery") join or consent to the Notice of Removal, on or about June 17 and 18, 2008, I contacted
16 Kenneth Park, President of U.S. Machinery and its registered agent for service of

process. Mr. Park

17 informed me that he had not been served in the above-referenced action. On July 7, 2008, Mr. Park
18 confirmed that U.S. Machinery remained unserved.

19

6.

, In order to request that defendant Sav-On Machinery Company, Inc. ("Sav-On") join

20 . or consent to the Notice of Removal, I attempted to contact Sav-On or its counseL. On information

21 and belief, Sav-On no longer exists. This is supported by the Californa Business Portal on the

22 California Secretary of State website, which shows that Sav-On has been dissolved. On or about
23 June 17 and 18, 2008, I also called the phone number listed for Sav-On on the Zami San Francisco

24 Yellow Pages (http://i.zami.comliphonel) and spoke to an entity which disclaimed any knowledge of

25 Sav-On or the above-referenced action.
26 I declare under the penalty of perjury under the laws of the State of

California that the

27 foregoing is true and correct.
28
-3DECLARTION OF MAUREEN L. KING rN SUPPORT OF NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.c. § 144I(b) (ORIGrNAL JURISDICTION)
528343.1

Case 3:08-cv-03267-SI

Document 5

Filed 07/07/2008

Page 4 of 4

Executed this 7th day of July, 2008 in San Francisco, Califomia.
2
3

4
5

BY~~'

Maureen L. King

6
7
8

9
10
11

12 13

14
15

16

17
18

19

20
21

')

22
23

24
25

26 27
28
-4DECLAR TION OF MAUREEN L. KrNG IN SUPPORT OF NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.c. § I441(b) (ORIGINAL JURISDICTION)
528343.1