Free Affidavit - District Court of California - California

Case 3:O7—cv-03002-IVIIVIC Document 14 Filed O9/O7/2007 Page 1 of 2
Maureen E. McFadden, SBN 203781
I LAW OFFICES OF MAUREEN E. MCFADDEN
819 Bancroft Way
2 Berkeley, CA 94710
Ph (510) 845-5203
3 Fax (510) 868-0976
4 Attorney for Plaintiff
MEGAN KELLY
5
6
UNITED STATES DISTRICT COURT
7
NORTHERN DISTRICT OF CALIFORNIA
S
SAN FRANCISCO DIVISION
9
I0 C N .: C-07-3002 MMC
MEGAN KELLY, j asc 0
U _ _ ) DECLARATION OF MAUREEN E.
Plamtifi ) MCFADDEN IN SUPPORT OF
12 ) SEPARATE CASE MANAGEMENT
VS- ) CONFERENCE STATEMENT
13 APPLERA CORPORATION and DOES 1-20, g D t S t b 14 2007
· · a ei ep em er ,
I4 mCluSN€’ ) Time: 10:30 a.m.
Dcfendanm ) Courtroom 7, 19th Floor
15 )
) Judge: The Honorable Maxine M. Chesney
16 )
17 I, Maureen E. McFadden, hereby declare and state as follows:
18 1. I am an attorney at law licensed to practice before all the courts ofthe State of
19 California, including this Court. I am the owner of Law Offices of Maureen E. McFadden,
20 counsel for plaintiff in this matter.
21 2. I have personal knowledge of the facts set forth below, and if called upon to do
22 so, I could and would testify competently thereto.
23 3. I make this declaration pursuant to the Court’s August 9, 2007 Case Management
24 Conference Order which requires that a party submit a declaration in the event that the parties do
25 not file a joint case management conference statement. I
26 4. On the evening of Wednesday, September 5, 2007, and after the close of normal
27 business hours, I received a email containing a draft joint case management conference statement
28 from Littler Mendelson, counsel for defendant in this case. i
MCF ADDEN DECLARATION IN SUPPORT OF SEPARATE CASE MANAGEMENT STATEMENT - 1
. 1
I

Case 3:O7—cv-03002-IVIIVIC Document 14 Filed O9/O7/2007 Page 2 of 2
1 5. The draft joint case management statement prepared by Littler Mendelson
2 substantially misstated the facts of this case, and was excessively argumentative. It also
3 contained oppressive discovery, scheduling and other provisions that plaintiff cannot agree to.
4 On the morning of Thursday, September 6, 2007, I emailed defense counsel to advise that
5 substantial revisions would be necessary, and that I was working on making such revisions.
6 6. On the afternoon of Thursday, September 6, 2007, I emailed a proposed revised
7 draft to Littler Mendelson. Later that day, I received a responsive email from Littler Mendelson
8 indicating that my revisions were not acceptable, but without providing any specifics, or
9 suggesting any further revisions.
10 7. By the morning of Friday, September 7, 2007, I had still heard nothing further
ll from Littler Mendelson. I had a mandatory court appearance in another matter that kept me out
12 of the office for much of the day on Friday, September 7, 2007.
13 8. Upon returning to the office, I found that Littler Mendelson had already tiled its
I4 own separate case management conference statement.
I5 I declare under penalty of perjury under the laws of the United States of America that the
16 foregoing is true and correct.
17 Executed this 7th date of September 2007 at Berkeley, California.
is
W DATED: September 7, 2007 LAW OFFICES OF MAUREEN E. MCFADDEN
21 x a reen E. McFa de
gg Attorney for Plaintiff
MEGAN KELLY
23
24
25
26
27
28
McEAnnEN DECLARATION IN surronr or SEPARATE CASE MANAGEMENT STATEMENT - 2
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Case 3:07-cv-03002-MMC

Document 14

Filed 09/07/2007

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Case 3:07-cv-03002-MMC

Document 14

Filed 09/07/2007

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