Free Declaration in Support - District Court of California - California

Case 3:08-cv-02831-MHP

Document 11

Filed 07/03/2008

Page 1 of 3

1 2 3 4 5 6 7

Gregory M. Haynes, Esq. SBN: 111574 2443 Fillmore, #194 San Francisco, CA 94115 (415) 546-0777 Attorney for Plaintiffs Telitha Ball, et. al. UNITED STATES DISTRICT COURT

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

NORTHERN DISTRICT OF CALIFORNIA Telitha Ball, et. al., Plaintiffs Action No. 08-831-MHP Declaration of Gregory M. Haynes In Support of Motion for Order Remanding the Case to State Court and for an Order for payment of Costs And attorney fees City and County of San Francisco, et al. Defendants DATE: Aug 11, 2008 TIME: 2:00p.m. PLACE: Courtroom 15 Judge: Hon. Marilyn H. Patel

_____________________________/
24 25 26 27 28

I, Gregory M. Haynes, declare as follows:

1

Case 3:08-cv-02831-MHP

Document 11

Filed 07/03/2008

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1. I am the attorney for the plaintiffs herein and I have personal knowledge of the information set forth herein. 2. On May 19, 2008, I served the defendant Ernest Ferrando at 850 Bryant with the summons and first amended complaint in this matter. 3. On June 6, 2008, the City and County of San Francisco and court. 4. On June 26, 2008, Ernest Ferrando filed an answer in this matter. 5. He did not join the removal. I spoke with the defense I Prior to June 19, 2008, Chief of Police Heather Fong, in her in this official capacity, filed a notice of removal

counsel for defendant City and County of San Francisco in this matter and sent correspondence to her. the removal and answer the complaint. 6. After June 19, 2008, I spoke with the defense After determining that counsel in this matter and requested that the matter be remand to the state court. the matter. Ernest Ferrando had been served, she agreed to remand I requested that defense counsel waive to file a motion. Defense the 30 day period in which requested that all the defendants in this matter join

counsel declined to so waive the 30 day period. Defense counsel and I could not agree on the language of the stipulation. She, for example, required that She did not. the stipulation provide that Heather Fong, in her individual capacity, joined the removal.

2

Case 3:08-cv-02831-MHP

Document 11

Filed 07/03/2008

Page 3 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Further, it appears that defense counsel wanted to file an addition notice of removal for other defendants once they were served. Defense counsel also indicated that she 7. would also be out of the office during part of the Without the waiver to file the motion after the 30 28 U.S.C. 1447( c ); and the week of July 3, 2008. day period set forth in

inability to resolve the other issues within the time to file the motion, this motion was made. 8. I have spent in excess of 3 hours on this motion I have also spent and plan at least one addition hour.

2 hours on attempting to get the answers of the other defendants and having them join the removal prior to June 19, 2008, including Heather Fong, who was serviced in this matter. 9. A reasonable hourly rate in this matter is $400.00 per hour, and I have spent or plan to spend a reasonable number of hours on this matter which is 6 hours, for total expenses on as a result of removal of $2400.00. I declare under penalty of perjury that the foregoing is true and correct, executed in San Francisco on July 3, 2008. ___________________ Gregory M. Haynes

3