Free Declaration in Support - District Court of California - California

Case 5:08-cv-01841-RMW

Document 8

Filed 05/12/2008

Page 1 of 3

1 2 3 4 5 6 7 8 9 10

KRISTEN GARCIA DUMONT, State Bar No. 191554 ERIN M. DOYLE, State Bar No. 233113 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: (650) 493-9300 Facsimile: (650) 565-5100 Email: [email protected] Email: [email protected] Attorneys for Defendant M2 MEDICAL, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA PHILIPPE Z. ZATTA, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: C08-01841 RS DECLARATION OF ERIN M. DOYLE IN SUPPORT OF DEFENDANT'S MOTION FOR MORE DEFINITE STATEMENT Date: July 2, 2008 Time: 9:30 a.m. Dept. Courtroom 4 Before: Hon. Richard Seeborg

11 Plaintiff, 12 v. 13 M2 MEDICAL, INC., 14 Defendant. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Erin M. Doyle, declare: 1.

I am associated with the law firm of Wilson Sonsini Goodrich & Rosati, counsel

of record for Defendant M2 Medical, Inc. in this action. I have personal knowledge of the facts set forth below and, if called as a witness, I could and would competently testify thereto. 2. On May 1, 2008, I called Plaintiff Philippe Zatta to request a two week extension

of time to respond to Plaintiff's Complaint, as well as to meet and confer with him regarding the claims set forth in the Complaint. Mr. Zatta steadfastly refused to grant any extension of time to respond to Plaintiff's Complaint, for the stated reason that he "didn't want to do any favors for [Defendant]." Moreover, Mr. Zatta made clear that he had no interest in meeting and conferring about the claims set forth in his Complaint, or talking to me for any reason other than settlement.

DECLARATION OF ERIN M. DOYLE; CASE NO.: C08-01841 RS

-1-

3356223_1.DOC

Case 5:08-cv-01841-RMW

Document 8

Filed 05/12/2008

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

Mr. Zatta asked that I not contact him again unless "absolutely necessary" or for the purpose of initiating settlement discussions. Mr. Zatta did not explain what he meant by "absolutely necessary."

I declare under penalty of perjury that the foregoing is true and correct and that this Declaration was executed on May 12, 2008 in San Francisco, California.

/S/ Erin M. Doyle

DECLARATION OF ERIN M. DOYLE;

-2-

3356223_1.DOC

CASE NO.: C08-01841 RS

Case 5:08-cv-01841-RMW

Document 8

Filed 05/12/2008

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
DECLARATION OF ERIN M. DOYLE;

SIGNATURE ATTESTATION I, Kristen Garcia Dumont, hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document.

/S/ Kristen Garcia Dumont

-3-

3356223_1.DOC

CASE NO.: C08-01841 RS