Free Declaration in Support - District Court of California - California

Case 3:08-cv-03267-SI

Document 4

Filed 07/07/2008

Page 1 of 3

1

Gary J. Smith (SB #141393)

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2
3

Ryan R. Tacorda (SB #227070) BEVERIDGE & DIAMOND, P.C. 456 Montgomery Street, Suite 1800 San Francisco, CA 94104-1251

Ai - '7 2008

4 Telephone: (415) 262-4000

AN Dis:' DlsrAI/kING Ricr at: r CaVA
CALIF"O~NIA

Facsimile: (415) 262-4040
5

6 BEVERIDGE & DIAMOND, P.C.
12'f¡~!, ",
7 201 North Charles Street, Suite 2210

Robert

Brager

Baltimore, MD 2120L4150

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8 Telephone: (410) 230-3850

Facsimile: (410) 230-3868
9

Attorneys for Defendant
10 PPG INDUSTRIES, INC.
11

UNITED STATES DISTRICT COURT

12
13

NORTHERN DISTRICT OF CALIFORNIA
CALIFORNIA WATER SERVICE COMPANY,
Plaintiff,
vs.

8)

14
15

C¥sE~8,

3267

16

17 THE DOW CHEMICAL COMPANY; E.!. DUPONT DE NEMOURS AND COMPANY;
18 PPG INDUSTRIES, INC.; VULCAN

DECLARATION OF RYAN R.TACORDA IN SUPPORT OF NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.c. § 1441(b) (ORIGINAL JURISDICTION)

MATERIALS COMPANY; OCCIDENTAL 19 CHEMICAL CORPORATION; VALERO STAUFFER 20 CHEMICAL COMPANY; BOWE-PERMAC, INC., individually and d/b/a BUWE TEXTILE
ENERGY CORPORATION;

21 CLEANING, INC.; HOYT CORPORATION; R.R.STREET & CO., INC.; MCGRAW 22 EDISON COMPANY, individually and d/b/a AMERICAN LAUNDRY MACHINERY, INC.,

23 AMERICAN LAUNDRY MACHINERY, INC., individuàllyand d/b/a AJAX 24 MANUFACTURING DIVISION AND MARTIN EQUIPMENT, WHITE 25 CONSOLIDATED INDUSTRIES, INC.,
individually and d/b/a W ASHEX 26 MACHINERY DIVISION, ELECTROLUX CORPORATION, LINDUS S.R.L., individually 27 and d/b/a LINDUS WEST, COLUMBIA DRYCLEANING MACHINES, a/a 28

-1DECLARATION OF RYAN R. TACORDA IN SUPPORT OF NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.C. § 1441(b) (ORIGINAL JURISDICTION)

Case 3:08-cv-03267-SI

Document 4

Filed 07/07/2008

Page 2 of 3

1 COLUMBIAlILSA MACHINES CORP., REALSTAR, INC., individually and d/b/a 2 REALSTAR USA, UNION DRYCLEANING PRODUCTS USA, FIRBIMATIC, 3 BERGP ARMA OF AMERICA, LLC, AMA UNIVERSAL, FLUORMA TIC MIDWEST 4 LTD., FORENTA LP, WESTERN MULTITEX CORP., MARVEL MANUFACTURING, 5 RENZACCI OF AMERICA, SAIL STAR USA, VIC MANUFACTURING CORPORATION, 6 M.B.L., INC., GOSS-JEWETT CO. OF NORTHERN CALIFORNIA, MCGREGOR 7 SUPPLY COMPANY, S.B. SUPPLY INC., WASHEX MACHINERY OF CALIFORNIA,

8 INC., WORKOOM SUPPLY, INC., TAYLOR
HOUSEMAN, INC., UNITED F ABRICARE
9 SUPPLY, INC., ECHCO SALES INC., MW

EQUIPMENT, ARTHUR KAJIWARA 10 EQUIPMENT CO., INC., KELLEHER EQUIPMENT SUPPLY, INC., US 11 MACHINERY & ENGINEERING CO., INC., WYATT-BENNETT, CORBETT 12 EQUIPMENT, FULLER SUPPLY COMPANY, SAV-ON MACHINERY 13 COMPANY, INC. and DOES 1 through 750, INCLUSIVE,
14

Defendants.
15

16

17 I, Ryan R. Tacorda, declare:
18
1.

I am an attorney licensed to practice law before the courts in the State of California. I

19 am an associate at the law firm of

Beveridge & Diamond, P.c., which represents defendant PPG

20 Industries, Inc. 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 Fluormatic Midwest, Ltd. ("Fluormatic") join or
Removal, I attempted to contact Fluormatic or its counseL. On information

24 consent to the Notice of

25 and belief, Fluormatic has been dissolved. This is supported by the Corporation File Detail Report
26 on the Ilinois Secretary of State website which shows F1uormatic was involuntary dissolved.

27
28
-2DECLARTION OF RYAN R. TACORDA IN SUPPORT OF NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.C. § 1441(b) (ORIGINAL JURISDICTION)

Case 3:08-cv-03267-SI

Document 4

Filed 07/07/2008

Page 3 of 3

4. In order to request that defendant AMA Universal ("AMA") join or consent to the
2 Notice of

Removal, I attempted to contact AMA or its counsel at ,a U.S. address affiliated with the

3 company (11438 West Cronridge Drive, Owings Mils, MD 21117; telephone: (443) 394-0533). On
4 information and belief, AMA no longer exists. This is supported by the State of

Maryland's

5 Department of Assessments and Taxation website which shows that AMA forfeited its corporate
6 charter and its existence has been terminated by the State.

7

5.

In order to request that defendant Lindus S.R.L. d/b/a Lindus West ("Lindus") join or
Removal, I contacted Norm Korey, owner of

8 consent to the Notice of

Lindus, on June 30, 2008. Mr.

9 Lindus informed me that he had not been served in the above-referenced action as the agent or

10 owner of Lindus.
11

6.

In order to request that defendant MW Equipment, Inc. ("MW Equipment") join or

12 consent to the Notice of

Removal, I contacted Michael Wee ofMW Equipment daily from June 30,

13 2008 - July 3,2008, and again on July 7,2008. Mr. Wee, who described himself

as the owner ofthe

14 company, declined to provide the name of MW Equipment's attorney upon my repeated requests.
15 On July 7,2008, Mr. Wee informed me that he believed MW Equipment was improperly named in

16 the above-referenced action. He further stated that he did not want to be involved in the case and
17 that his attorney intended to write to Plaintiff

to seek dismissaL.

18 19

I declare under the penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed this

20
21

1 lk day of July 2008 in San Francisco, California.

22
23

BY~J2

24
25

26
27 28
-3DECLARATION OF RYAN R. TACORDA IN SUPPORT OF NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.c. § 1441(b) (ORIGINAL JURISDICTION)