I James P. Walsh, CSB. No. 184620
Gwen Ranger, CSB No. I91t6l
2 DAVIS WRIGHT TREMAINE LLP
3 505 Montgomery Street, Suite 800
San Francisco, California 94111-B6?.]
4 Telephone: (415) 276-6500 ,
Facsimile: (415) 276-6599
5 [email protected] _
6 Attorneys for Defendants and Claimant
BARRY COHEN, CHRIS COHEN (aka CHRISTENE COHEN), the P/V POINT LOMA and
7 Claimant, F/V POINT LOMA Fishing Company, Inc.
8
9 · UNITED STATES DISTRICT COURT
10 FOR THE NORTHERN DISTRICT OF CALIFORNIA
E 11 SAN FRANCISCO DIVISION E
S 12 DEL MAR SEAFOODS, INC., )
Z )
Ig I3 Plaintiff ) No. C—07—2952—WI·IA I
)
E I4 v. ) DECLARATION OF GWEN FANGER
Dd ) IN SUPPORT OF DEFENI)ANTS’
tr I5 BARRY COHEN, CHRIS COHEN (aka ) OPPOSITION T O PLAINTIFFS
E CHRISTENE COHEN), in personam and, ) MOTION FOR SOUMMARY
gg 16 E/V POINT LOMA, Official Number ) JUDGMENT OR ALTEIUQATIVELY,
E 515298, a 1968 steei—hulled., 126-gross ton, ) FOR PARTIAL SUMMARY
B E7 70.8 foot long fishing vessel, her engines, ) JUDGMENT
U3 tackle, furniture apparel, etc., in rem, and )
»-< 18 Does 1~I0, ) Hearing Date: April 10, 2008
fg ) Time: 8:00 a.m.
Q 19 Defendants. ) Place: Courtroom 9, 19m Ftoor
20 I, Gwen P anger, declare as follows:
2] I. I am an associate in the law firm of Davis Wright Tremaine LLP and our tirin ,
22 serves as counsel to Defendants in this lawsuit. I make this declaration in support of Defendants’
23 Opposition to Plaintiffs Motion for Summary Judgment or Alternatively, Partial Summary _ ,
24 Judgment. The facts set forth in this declaration are personally known to me to be true and correct
2 5 and, if called as a witness, I could and-would testify to the following:
26 2. Attaehedas Exhibit I is a true and correct copy of Plaintiff’s Verified Admiralty
27 and Maritime Complaint filed in this case on I une 7, 2007.
28 · 1
, nscrnnarion or ewan ie=i-moan in surt·oi
. Case N0. C~07-02952 WHA
_ Case 3:07-cv-02952-WHA Document 127 Filed O3/13/2008 Page 2 of 4
1 3. Attached as Exhibit 2 is a true and correct copy of the Amended Order on
2 Plaintiffs Ex Parte Application for Appointment of Substitute Custodian in Lien of U.S. Marshal
3 dated June 7, 2007.
4 4. _ Attached as Exhibit 3 is a true and correct copy ofthe Order Granting Motion to
5 Vacate Order of Arrest dated August 16, 2007.
i 6 5. Attached as Exhibit 4 is a true and correct copy ofthe Promissory Note disclosed
7 by Plaintiff and labeled DMSI 0098-0100. i
8 6. Attached as Exhibit 5 is a true and correct copy of the First Preferred Mortgage i
. disclosed by Plaintiff and labeled DMSI 0101-01 l0. .
10 7. Attached as Exhibit 6 are true and correct copies of excerpts of the deposition of
E 11 Barry Cohen taken in this case on January 9, 2008. C
Q 12 8. Attached as Exhibit 7 are true and correct copies of excerpts of the deposition of
gg 13 Joe Roggio taken in this case on December 13, 2007.
E 14 9. Attached as Exhibit 8 are true and correct copies of the checks of payments made
; 15 by Defendants to Plaintiff disclosed by Defendants and labeled COHEN 0004-8.
g 16 I0. Attached as Exhibit 9 is a tnie and correct copy ofthe Assignment of Joint Venture
g 17 Interest disclosed by Defendants and labeled COHEN 00014-} 5.
E 18 ll. Attached as Exhibit E0 is a tmc and correct copy of Defendants First Supplemental l
S 19 Response to Plaintiffs First Set of interrogatories. E
20 12. Attached as Exhibit li is a true and correct copy of excerpts of the deposition of
2i David Kobak. taken in this case on January 8, 2008.
22 i3. Attached as Exhibit 12 is a true and correct copy of Defendants Response to
23 Plainti.ff’s First Set of Requests for Admissions.
24 14. Attached as Exhibit i3 is a trne and correct copy of mi email to Barry Cohen, dated
25 9/4/07, disclosed by Defendants and labeled COHEN 00056-57. _
26 15. Attached as Exhibit E4 are true and correct copies of settlement sheets from Caito
27 Fisheries, inc. for tish sales from the F/V Point Lorna for trips prior to the arrest disclosed by
28 i 2
A nncrxrcrrron or owen rations in sunronii or
onrosrrion ro Motion ron summits? .iu‘oori»rsi
Case 3:O7—cv-02952-WHA Document 127 Filed O3/13/2008 Page 3 of 4
1 Defendants md labeled COHEN 00020, 2225, 28, 33, 36, 39, 41, 43, 47, 51, and 55. i
2 16. Attached as Exhibit 15 are time and correct copies of excerpts of the deposition of
3 Joe Cappuccio taken in this case on December 14, 2007. i
4 17. Attached as Exhibit 16 is a true and correct copy o1°Plaintit`f’s Responses to l
5 Det`endants’ Request for Admissions, Set One, served in this case. 5
6 18. Attached as Exhibit 17 is a tmc and correct copy of Plaintiff Del Mar Seafoods, I
l 7 1nc.’s Disclosure of Expert Witness and Exhibits served in this case. ‘
8 19. Attached as Exhibit 18 are true and correct copies ofthe certificates of insurance on i
9 the F/V Point Lorna for December 2003 through December 2008. i
10 20. Attached as Exhibit 19 is a true and correct copy of Exhibit 7 to the Deposition of
fj 11 Barry Cohen taken in this case on January 9, 2008.
Q 12 21. Attached as Exhibit 20 is a true and correct copy of Defendants Answer to
gc 13 Verified Admiralty and Maritime Comptaintg Verified Counterciaiin.
E 14 22. Attached as Exhibit 21 are true and correct copies of excerpts ofthe deposition of
ii: 15 Christene Cohen taken in this case on Ianuary 1,1 2008.
gl 16 23. Attached as Exhibit 22 are true and correct copies of excerpts ofthe deposition of
- § 17 Joe Roggio taken in the case Cohen v. Port Sari Luis Harbor Dismcr, CV 040897, on November
E is 29, 2005. A
E 19 24. Attached as Exhibit 23 is a true and correct copy of Certificate of Documentation
20 regarding ownership ot` the F/V POENT LOMA by F/V Point Lorna Fishing Company, 1`nc.
21 disclosed by Defendants and labeied COHEN 0000i
22 25. Attached as Exhibit 24 is a true and correct copy ofthe Declaration ot" Barry Cohen
23 in Support of Defendants’ Motion to Vacate Order of Arrest. l ` 3
24 26. Attached as Exhibit 25 is a true and correct copy of excerpts ofthe deposition of i
25 Leonard Cohen taken in this case on J anuary 10, 2008. E
26 // -
27 // I
28 3 I
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Case 3:07-cv-02952-WHA Document 127 Filed O3/13/2008 Page 4 of 4
1 gy .
2 DATED this {3m day ofI\/Iarch, 2003. " .
3 . ._·__ 1. ;=___ M at C -__·-- __ --=_ __ U H _ _ .
Gwen F ger (CSB I O. *. 161)
5 Attorney for Defendants BARRY COHEN,
CHRIS COHEN, F/V POINT LOMA and the
. 6 F/V POINT LOMA FISHING COMPANY,
INC
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OPPOSITEON TO MOTION FOR. SUMMARY JUDGMENT SFO 404685vz GO84289~00UOOl
Case No. C~0'f~O2952 WI-IA
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