Free Declaration in Support - District Court of California - California

Case 3:07-cv-02769-JL

Document 66

Filed 07/09/2007

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HARVEY SISKIND LLP D. PETER HARVEY (SBN 55712) e-mail: [email protected] SETH I. APPEL (SBN 233421) e-mail: [email protected] Four Embarcadero Center, 39th Floor San Francisco, California 94111 Telephone: (415) 354-0100 Facsimile: (415) 391-7124 Attorneys for Defendants and Counterclaimants SEOK KI KIM and STV ASIA, LTD. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION FRANK NEMIROFSKY, Plaintiff, Case No.: C 07 2769 JL DECLARATION OF SETH I. APPEL IN SUPPORT OF ADMINISTRATIVE MOTION TO FILE DEFENDANTS' OPPOSITION TO PLAINTIFF'S EX PARTE MOTION FOR LEAVE OF COURT FOR EARLY DISCOVERY UNDER SEAL

13 v. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Seth I. Appel, declare: 1. v. FRANK NEMIROFSKY, Counterdefendant. SEOK KI KIM; STV ASIA, LTD., a British Virgin Islands corporation; and DOES 1 through 20, inclusive, Defendants. SEOK KI KIM and STV ASIA, LTD., a British Virgin Islands corporation, Counterclaimants,

I am an attorney at the law firm of Harvey Siskind LLP, counsel for Defendants/

Counterclaimants Seok Ki Kim and STV Asia, LTD. (collectively, "Defendants"). I have personal knowledge of the following facts, and could and would testify competently thereto if called upon to do so.
-1APPEL DECLARATION IN SUPPORT OF ADMINISTRATIVE MOTION TO FILE DEFENDANTS' OPPOSITION TO PLAINTIFF'S EX PARTE MOTION UNDER SEAL Case No.: C 07 2769 JL

Case 3:07-cv-02769-JL

Document 66

Filed 07/09/2007

Page 2 of 2

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2.

The

Ex

Parte

Motion

for

Leave

of

Court

for

Early

Discovery

of

Plaintiff/Counterclaimant Frank Nemirofsky ("Plaintiff") relates to an agreement between Defendant/Counterclaimant STV Asia, LTD. ("STV") and PRN Corporation. This agreement included the following provision: "The parties agree that the terms of this Agreement will be treated as

confidential and maintained in confidence and will not be disclosed to any other person...." STV would be in violation of its obligations under the agreement if Defendants were to file their opposition to Plaintiff's motion without portions shielded from the public. 3. On July 9, 2007, I called Plaintiff's counsel, Robyn Callahan, to ask if she would agree to

Defendants' filing of a portion of their opposition under seal. Ms. Callahan agreed. I declare under penalty of perjury that the foregoing is true and correct, and that this declaration is executed in San Francisco, California on July 9, 2007.

/s/ SETH I. APPEL

-2APPEL DECLARATION IN SUPPORT OF ADMINISTRATIVE MOTION TO FILE DEFENDANTS' OPPOSITION TO PLAINTIFF'S EX PARTE MOTION UNDER SEAL

Case No.: C 07 2769 JL