Free Declaration in Support - District Court of California - California

Case 3:O7—cv-02952-WHA Document 123 Filed O3/O5/2008 i Page 1 of 2 1
I
I James P. Walsh, CSB. No. 184620
Gwen. Fanger, CSB No. 19116l
2 DAVlS WRIGHT TREMAINE LLP
3 505 Montgomery Street, Suite 800 ‘
San Francisco, California 941 1 l-361l
4 — Telephone: (415) 276-6500 _ ·
Facsimile: (415) 276-6599
5 lnudwalsh@<:lwt.com —
6 Attorneys for Defendants and Claimant
BARRY COHEN, CHRIS COHEN (aka CHRISTENE COHEN), the E/V POlNT LOMA and
7 Claimant, F/V POINT LOMA Fishing Company, Inc.
8
9 UNITED STATES DISTRICTCOURT
10 FOR THE NORTHERN DISTRICT OF CALIFORNIA
E ll - SAN FRANCISCO DIVISION
t-J `
LI; 12 DEL MAR SEAEOODS, INC., )
_ . )
E 13 Plaintiff; _ ) No. C—07-2952—WI~1lA
)
E 14 v. ) DECLARATION OF JAMES WALSI~I
cd ) IN SUPPORT OF STIPULATED
to 15 BARRY COHEN, CHRIS COHEN (aka ) REQUEST FOR ORDER ENLARGING
§ CHRISTENE COHEN), in persormm and, ) TIME FOR HEARING ON
gg 16 E/V POINT LOMA, Official Number ) PLAINTIFFS MOTION FOR
E 515298, a 1968 steel-liulled, 126-gross ton, ) SUMMARY JUDGMENT
B 17 70.8 foot long lishing vessel, her engines, )
m tackle, furniture apparel, etc., in rem, and ) .
•~·~·< l8 Does 1-10, ) Hearing Date: April 3, 2008
if ) Time: 8:00 a.m. ·
Q 19 Defendants. ) Place: Courtroom 9, 19th Floor
)
- 20 · _ .
21
22 I, James P. Walsh, declare as follows: ,
t
23 E. I am a partner in the law firm of Davis Wright Tremaine.LLP and our firm serves
24 as counsel to Defendants in this lawsuit. I make this declaration to support the parties’ Stipulated
25 Request for Order Enlarging Time for Hearing on Plaintiff s Motion for Summary Judgment.
26 The facts set forth in this declaration are personally known to me to be true and correct and, if
27 called as a witness, I would and would testify to the following;
28 t
i l
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Case No. 007-2952-Wl-IA l

Case 3:O7—cv-02952-WHA Document 123 Filed O3/O5/2008 Page 2 of 2
l 2. On February 28, 2008, Plaintiff Del Mar Seafoods, line. filed a Notice of Motion
I ‘ 2 and Motion for Summary Judgment or, Alternatively, Partial Summary Judgment ("l\/lotion for I
3 Summary Judgment"). The hearing on the Motion for Summary Judgment was noticed for April
4 3, 2008 at 8:00 a.m. The current hearing date is the last day to hear the Motion for Summary
5 Judgment pursuant to the Court’s Case Management Order dated September 5, 2007 ("Case
6 Management Order”).
7 3. The current hearing date directly conflicts with a pre—existing_hearing date I have i
_ 8 for another case in_ another country. On April 3, 2008, I am scheduled to attend a summary I
9 judgment motion hearing before the Federal District Court in Guam. The opposing party is the
l0 United States and the case is United States v. F/VMARSHALLS 20] , Case No. 06-00030. The
E ll hearing was set prior to February 28, 2008 and involves numerous parties traveling tirom great I
; 12 distances and is unlikely to be changed by the judge. l
é 13 4. There have been no previous time modifications of any dates set forth in the Case
E 14 Management Order. The only modification of time in this case to date has been the Court’s _I
; 15 Order Granting Det`enc1ants’ Motion for Administrative Relief to Shorten Time for Hearing
Ig 16 Defendant’s Motion for Protective Order Limiting Deposition of Christene Cohen, dated
5 17 December 19, 2007. _
§ is
E 19 I declare under penalty of perjury under the laws ofthe State ofCalilbrnia that the -
20 foregoing is true and correct.
21 DATED this 4th day of March, 2008. I _ E
. 22 /s/ James P. Walsh (
23 Jarnes P. Walsh (CSB No. i8¢i620)
24 Attorneys for BARRY COHEN, CHRIS
COHEN, P/V POINT LOMA andthe FN ‘
25 POINT LOMA FISHING COMPANY, INC.
I 26 _ ]
27 I I '
’ 28 I

can nu. C-07-2952-WI-IA

Case 3:07-cv-02952-WHA

Document 123

Filed 03/05/2008

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Case 3:07-cv-02952-WHA

Document 123

Filed 03/05/2008

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