Free Motion for Entry of Default - District Court of California - California

Case 3:07-cv-05525-JSW

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MELODY A. KRAMER, SBN 169984 KRAMER LAW OFFICE 9930 Mesa Rim Road, Suite 1600 San Diego, California 92121 Telephone (858) 362-3150 J. MICHAEL KALER, SBN 158296 KALER LAW OFFICES 9930 Mesa Rim Road, Suite 200 San Diego, California 92121 Telephone (858) 362-3151

Attorneys for Plaintiff JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) Plaintiff ) v. ) FIRST INTERNATIONAL DIGITAL, ) INC. an Illinois corporation; and DOES 1-) ) 100, ) ) Defendants. JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST, Case No. CV 075525 JSW AFFIDAVIT OF MELODY A. KRAMER IN SUPPORT OF RENEWED REQUEST FOR ENTRY OF DEFAULT and DEFAULT JUDGMENT AGAINST DEFENDANT FIRST INTERNATIONAL DIGITAL, INC.

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Case 3:07-cv-05525-JSW

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I, MELODY A. KRAMER, declare: 1. I am not a party to the present action. I am over the age of eighteen. I

have personal knowledge of the facts contained within the following paragraphs, and could and would competently testify thereto if called as a witness in a court of law. 2. At all times relevant herein I have been an attorney for Defendant

Sorensen Research and Development Trust ("SRDT"), Plaintiff in the abovecaptioned matter. 3. This Declaration is being submitted in conjunction with Plaintiff's

Request for Default and Default Judgment Against Defendant First International Digital, Inc. 4. According to Court records, Defendant First International Digital, Inc.

has failed to answer or otherwise respond to the Complaint in this case. This is consistent with the representation of counsel for First International Digital, Inc. who advised me orally and in writing prior to the answer date that no responsive pleading would be filed. 5. The Complaint in this matter requested a sum certain for patent

infringement, specifically, One Million Five Hundred Thousand Dollars ($1,500,000.00) (see paragraph 113 of allegations and paragraph f of Prayers for Relief). 6. Plaintiff is entitled to the requested dollar amount based upon

calculations of reasonably royalties on sales of the accused infringing products given to Plaintiff by First International Digital, Inc. pre-litigation. 7. In addition, Plaintiff has expended $356.96 in costs ($350.00 filing fee,

and $6.96 certified mail service fee). 8. Furthermore, Plaintiff's counsel (the undersigned) has expended 6.7

hours at a reasonable hourly rate of $375.00/hour in preparing the pleadings in this case, including the Request for Default, and reviewing other court filings for a total attorney fee amount of $2,512.50.
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Case No. cv 07-5525 JSW

Case 3:07-cv-05525-JSW

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Case No. cv 07-5525 JSW

SWORN TO under penalty of perjury of the laws of the State of California and the United States, this 4th day of January, 2008.

/s/ Melody A. Kramer Melody A. Kramer, Esq. Attorney for Plaintiff [email protected]