Free Declaration in Support - District Court of California - California

Case 3:08-cv-03188-JSW

Document 26

Filed 07/23/2008

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NICHOLS KASTER & ANDERSON LLP Matthew C. Helland, CA State Bar No. 250451 [email protected] One Embarcadero Center, Suite 720 San Francisco, CA 94111 Telephone: (415) 277-7235 Facsimile: (415) 277-7238 NICHOLS KASTER & ANDERSON, PLLP James H. Kaster, CA State Bar No. 248949 [email protected] 4600 IDS Center, 80 S. 8th Street Minneapolis, MN 55402 Telephone: (612) 256-3200 Facsimile: (612) 338-4878 Attorneys for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Charles Jason Moran, Plaintiff, v. Piper Jaffray & Co., d/b/a Piper Jaffray, Defendant. DECLARATION OF MATTHEW C. HELLAND IN OPPOSITION TO DEFENDANT'S (1) PETITION TO COMPEL ARBITRATION; AND (2) MOTION TO STAY PROCEEDINGS Date: August 22, 2008 Time: 9:00 a.m. Place: Department 2, 17th Floor Judge: Hon. Jeffrey S. White

CASE NO: 08-cv-3188

DECLARATION OF MATTHEW C. HELLAND

Case 3:08-cv-03188-JSW

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Filed 07/23/2008

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1.

My name is Matthew C. Helland. I am over the age of eighteen and competent to I make this declaration based on my own personal

testify to the matters set forth herein.

knowledge. I am counsel of record for the Plaintiff in this action. 2. Prior to filing Defendant's petition to compel arbitration and motion to stay, Anne

Moriarty, Counsel for Defendant, called me. She requested that Plaintiff bring his case in arbitration. I informed Ms. Moriarty that Plaintiff would be filing a request for arbitration, and that he was pursuing this Court action pursuant to FINRA Code of Arbitration Procedure § 13804. 3. On July 16, I emailed Ms. Moriarty, requesting, among other things, that

Defendant withdraw their petition to compel arbitration and motion to stay these proceedings. On July 17, I made the same request in a phone call with Ms. Moriarty and Gordon Young, also counsel for Defendant. Mr. Young declined my request to withdraw this motion, but did not dispute the application of FINRA Code § 13804.

I declare under penalty of perjury that the foregoing is true and correct.

Dated: July 23, 2008

s/Matthew C. Helland Matthew C. Helland

-1DECLARATION OF MATTHEW C. HELLAND