Free Declaration in Support - District Court of California - California

Case 3:O7—cv—O2952—WHA Document 187 Filed 06/O4/2008 Page 1 of 2
1 COX, WOOTTON, GRIFFIN,
HANSEN & POULOS LLP
2 Gregory W. Poulos (SBN 11428)
Max L. Kelley (SBN 205943)
3 190 The Embarcadero
San Francisco, CA 94105
4 Telephone No.: 415-438-4600
Facsimile No.: 415-438-4601
5
LAW OFFICES OF RICHARD P. WAGNER
6 Richard P. Wagner (SBN 166792)
700 Oceangate, Suite 700
7 Long Beach, CA 90802
Telephone: (562) 216-2946
8 Facsimile: (562) 216-2960
9 Attorneys for Plaintiff
10 DEL MAR SEAFOODS, INC.
11
12 UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
13 SAN FRANCISCO DIVISION
14
15 DEL MAR SEAFOODS, INC. ) Case No.: CV 07-02952 WHA
)
Plaintiff, ) DECLARATION OF MAX L.
16 ) KELLEY IN SUPPORT or
vs. ) STIPULATED REQUEST FOR
17 ) owen CONTINUING HEARINGS
· 1.- BARRY COHEN, CHRIS COHEN (aka ) RE QRAL ARGUMENT AND ·.
18 CHRISTENE COHEN), irzpersomzm and ) RULING
F/V POINT LOMA, Official Number )
19 515298, a 1968 steel-hulled, 126-gross ton, )
70.8- foot long fishing vessel, her engines, )
20 tackle, furniture, apparel, etc., in rem, and )
Does 1-10, ) .
21 ) ‘
Defendants. 2
22 0 2 Oral Argument Hearing: June 5, 2008
2 3:15 p.1n.
23 2 Ruling: June 6, 2008
2 7:30 a.m.
24 And Reiated Counterclaims ) C0uI~{I•O()H] 9, 1911] F100;
25 .... . ._...........m.,....... ) Hon. William I—I. Alsup
¤;11jQSEg;*£§* 26 I, Max L. Kelley, hereby declare:
Ug*il‘Il‘i§§if‘?%lw 27 1. I am an associate in the firm of Cox, Wootton, Griffin, Hansen & Poulos,
28 LLP, attorneys of record for Plaintiff Del Mar Seafoods, Inc. ("Del Mar"). I submit this
-1- Case No.: CV 07-02952 WI-IA
DECLARATION OF COUNSEL IN SUPPORT OF STIPULATED REQUEST TO CONTINUE HEARINGS

Case 3:O7—cv—O2952—WHA Document 187 Filed 06/O4/2008 Page 2 of 2
1 declaration in support of the parties’ Stipulated Request for an Order Continuing the Hearings
2 re Oral Argument and Ruling. I have personal knowledge of the facts stated below and if
3 called to testily regarding those facts, I would and could competently testify thereto.
4 2. Gregory Poulos, lead trial counsel for Plaintiff Del Mar Seafoods, Inc., is
5 currently out of the country and will not return until June I2, 2008. Mr. Poulos is currently
6 in Athens, Greece co-chair the International Maritime Law Conference sponsored by the
7 International Bar Association which runs from June 8 through June I0, 2008. (The website .
8 for the Conference is: http://www.ibanet.org/conferences/Maritime%5FLaw/.) Mr. Poulos
9 had committed to serving as co-chair and scheduled this trip approximately one year in
IQ advance, and the trip has been pre—paid.
11 3. Yesterday afternoon I spoke by telephone with lead defense counsel, Mr.
12 James P. Walsh, and informed him that Mr. Poulos was out of the country until June l2,
13 2008 and that, therefore, Plaintiff intended to request a continuance ofthe hearings for oral
14 argument scheduled for this Thursday, June 5, 2008 and for the Court’s ruling on June 6,
15 2008. Mr. Walsh informed me that he would be out of town and unavailable on June 13,
16 2008, but was otherwise amenable to continuing the hearings until Mr. Poulos had returned.
17
18 I declare under penalty of perjury under the laws ofthe United States of America that
19 the forgoing is true and correct. Dated June 4, 2008, at San Francisco, California.
20 .
[ /
21 Max L. Kelley
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F.;»em.a..a. 28 I
-2- case NO.; cv ov-02952 wr-nr
DECLARATION OF COUNSEL IN SUPPORT OF STIPULATED Rsouesr TO CONTINUE r~1P,AnrNGS

Case 3:07-cv-02952-WHA

Document 187

Filed 06/04/2008

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Case 3:07-cv-02952-WHA

Document 187

Filed 06/04/2008

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