1 ROBERT P. ANDRIS (SBN $0290] I
LAEL D. ANDARA (SBN 215416)
21 AMY l<. CIRUBER (SBN 239793)
ROPERS, MAJESKI, IQOHN & BENTLEY
3 1001 Marshall Street, Suite 300 .
Redwood City, CA 94063
4 Telephone: (650) 364-S200 .
Facsimile: (650) 780-1701 I
5 Email: [email protected]
6 [email protected]; [email protected]
` Attorneys for Plaintiff O
7 DESTINY TOOL, a C iifomia corporation
‘ S UNITED STATES D¥STR1CT COURT
9 NORTHERN DISTRICT OF CALTFOFLNLA I
E0 A .
gl ll DESTINY TOOL, e California CASE NO. C07-0?»1i'7 I-IRL I ~
tg corvpomtiou, ‘ I p ,
g é 12 DECLARATION OF GUY CALAMIA IN
,6 g g` Plaintiff, SUPPORT OF DESTINY 'l`0OL’S I
1;; g I3 OPPOSITION TO DEFENDANTS JOINT
Q g v. - MOTION TO DISMISS PLAINTLFFS
éj -... ,, 14 COMPLAINT AND TO TRANSFER
-25, Q SGS TOOLS COMPANY, an Ohio VENUE
-%§ 15 corporation, DAUPHIN PRECISION _
§ TOOL, LLC, :1 Pennsylvania limited Date: September 18, 2007
& I6 liability company, and WELDON TOOL Time: 10:00 :1.1:1.
g_ COMPANY, en Ohio corporation, Ctrm: 2
0 17
M Defendants. _
18 ‘ ·
. 19 i, Guy Celamie, declare as follows:
8 20 1. I em the President of Destiny Tool, the plaintiff in the abovoentitled action, This
21 declaration is based on my own personal knowledge and if celled as si witness, I would testify to
` 22 the following facts all of which ere within my own personal knowledge.
23 2. E founded the business currently known as Destinjr Tool in 1982 in Santa Clare, _
24 Csiifomio. The business is still located in Santa Clem, Celifomia. My brother, Frank Celamia, is
25 the Vice-President of Destiny Tool,
26 3. Destiny Tool menutttctures, markets and sells carbide end mills for high speed
27 machining, nationwide. , -
gg 4. SGS Tools Company, based in Monroe Fails, Ohio, is our competitor in
oem. oe GUY <:A1.AM1A ns sup? on DES'I`1NY’S
RC:/sonata?. irmz OPPO TO DEl*°'I`S' JT MTN TO DISMISS AND
_ TRANS venue » N0. C0?-02.1 17 mu. _
****0*** Um * ¤#*<><>'
t manufacturing and selling carbide end milis for high speed machining.
2 5. Dauphin Precision Tool, located in Millersburg, Penusyivamia is also our
3 mmpetitor. It is my understanding thatDm1phi::s is the pzattent company of several smailer tool
n i 4 companies or brands such es Brubaker Tool, Data Flute CNC, New England Tap and Weldon
5 Teo}. it is also my understanding that Dauphin ntse eperatcs under the brand name Talbot
A 6 Hoidings.
7 6. Both SGS and Dauphin manufacture, market and sell carbide end mills
I 3 nationwide, and have specifically placed :41 number of selespersonsi and distributors in Califemia
9 - to target the California market. i
. ll) 7. Dauphin, also known by the brand name Talbot Holdings, has a sales manager for
lng 11 the western region ef the United States, e manufeeturefs representative in Caiifornie, and several W
5% g _ 12- dozen distributors in California.
Lg- S g i3 8. On March 26-29, 2007, I attended the azmeai Society ot`Manufac4:i1ring Begitteefs
g -§ § 14 trade show cailed "Westec" et the Los Angeles Convention Center in Los Angeles, Cetifomia.
Q-.; 15 Dauphin representatives also attended and had e booth there. The brands represented at
ij 16 Dauphirfs booth were: Weldon Toel, Data Flute CNC, and other Talbot Hoidizigs brands.
§` 27 9. ` Like Dauphin, SGS has sales representatives and many distributors located in
18 Ceiifcmia.
· 19 · I0. I have seen SGS representatives in attendance et recent Westec tmdeshows. SGS
20 teeis have also been demonstrated at recent tradeshows. U
2i 1 I, Attached hereto as Exhibit A is e true and correct copy na derrieud letter, dated Jwae
I 22 9, 2003, from Mark Watkins of Hahn, Loescz, Parks, attorneys for SGS and Dauphin that I
23 reviewed in the reguler course of business.
2,4 1 declare under the laws of the United Stats ef America that the foregoing is time and
25 correct and that this declaration was executed on August @2007 in §·j_j,
26 Caiifomia.
27 »· _
t t 28 eg CALAMIA
r tC.ttw..m . 2. â€â€Â°"§§;‘3‘?.~“é‘f»t%i~?—§$t— ’$~?&’¥£%iS%§§‘§§E
TRANS vewurs - No. cov-031 17 um.
Case 5:07-cv-03117-JF
Document 25-2
Filed 08/28/2007
Page 1 of 2
Case 5:07-cv-03117-JF
Document 25-2
Filed 08/28/2007
Page 2 of 2
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