Free Declaration in Support - District Court of California - California

Case 3:08-cv-03267-SI

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Victor M. Sher, SBN 96197 [email protected] Todd E. Robins, SBN 191853 [email protected] Marnie E. Riddle, SBN 233732 [email protected] SHER LEFF LLP 450 Mission Street, Suite 400 San Francisco, CA 94105 Telephone: (415) 348-8300 Facsimile: (415) 348-8333 Scott Summy, Admitted in Texas, SBN 19507500 [email protected] Cary McDougal, Admitted in Texas, SBN 13569600 [email protected] Carla Burke, Admitted in Texas, SBN 24012490 [email protected] Celeste Evangelisti, SBN 225232 [email protected] BARON & BUDD, P.C. 3102 Oak Lawn Avenue, Suite 1100 Dallas, TX 75219-4281 Telephone: (214) 523-6267 Facsimile: (214) 520-1181 Attorneys for Plaintiff CALIFORNIA WATER SERVICE COMPANY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CALIFORNIA WATER SERVICE COMPANY, Plaintiff, vs. THE DOW CHEMICAL COMPANY, et al., Defendants. FILED WITH: MOTION TO ENLARGE TIME, [PROPOSED] ORDER Hon. Susan Y. Illston CASE NO. CIV-08-03267 SI DECLARATION OF MARNIE E. RIDDLE IN SUPPORT OF PLAINTIFF CALIFORNIA WATER SERVICE COMPANY 'S MOTION TO ENLARGE TIME FOR RESPONDING TO AND HEARING MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(B)(6)

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Declaration of Marnie E. Riddle In Support of Plaintiff's Motion to Enlarge Time ­ Case No. CIV-08-03267 SI

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DECLARATION OF MARNIE E. RIDDLE IN SUPPORT OF MOTION TO ENLARGE TIME I, Marnie E. Riddle, declare as follows: 1. I am an attorney with the law firm of Sher Leff LLP, attorneys of record for Plaintiff

California Water Service Company in the above-captioned action. Unless otherwise stated, I have personal knowledge of the matters set forth herein and, if called upon, could and would competently

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testify to them. 2. Plaintiff has requested an enlargement of time for briefing and hearing Vulcan's

Motion to Dismiss because a Motion to Remand is pending. In my opinion the Motion to Remand is meritorious and has a strong likelihood of prevailing. 3. On July 18, 2008, I spoke by telephone with Ruth Ann Castro, counsel for Defendant

Legacy Vulcan Corp. In the course of that conversation and in follow-up emails attached as Exhibit 1 to this Declaration, I requested a stipulated continuance of both the hearing on Vulcan's Motion to Dismiss and the filing deadline for Plaintiff's opposition brief. On behalf of Vulcan, Ms. Castro refused to agree to either. 4. If the Court does not enlarge the time as requested, the parties will be forced to brief,

and the Court to address, Vulcan's pending Motion to Dismiss. However, if the Court grants Plaintiff's pending Motion to Remand, this expenditure of judicial and attorney resources will be

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There is no conceivable prejudice to the Court or any party associated with Plaintiff's

proposed enlargement of time. Plaintiff and a majority of the defendants served to date have stipulated that those defendants "shall not be required to answer or otherwise respond to Plaintiff's Complaint until fifteen (15) days after this Court's ruling on Plaintiff's motion to remand," agreeing, among other things, "that it will serve the interests of judicial economy to temporarily postpone the

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Stipulating Defendants' obligation to answer or otherwise respond to Plaintiff's Complaint until after this Court has ruled on Plaintiff's motion to remand." This stipulation was filed on July 16, 2008 (Docket No. 27). 6. The Initial Case Management Conference in this case has not yet occurred and no

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Declaration of Marnie E. Riddle In Support of Plaintiff's Motion to Enlarge Time ­ Case No. CIV-08-03267 SI

case schedule has been set. Plaintiff's requested time modification would affect no events in this case other than the schedule for briefing and hearing Vulcan's Motion to Dismiss. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on this 6th day of August, 2008 in San Francisco, California.

__/s/ Marnie E. Riddle____________ MARNIE E. RIDDLE

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