1 HARVEY SISKIND LLP
D. PETER HARVEY (SBN 55712)
2 e—mail: pharvey@harveysisl
3 . . .
e—ma11: sappe1@harveys1sl<1nd.com
4 Four Embarcadero Center, 39th Floor
San Francisco, California 94111
5 Telephone: (415) 354-0100
6 Facsimile: (415) 391-7124
7 Attomeys for Defendants and Counterclaimants
SEOK KI KIM and STV ASIA, LTD.
8
9
IN THE UNITED STATES DISTRICT COURT
10
FOR THE NORTHERN DISTRICT OF CALIFORNIA
1 1
SAN FRANCISCO DIVISION
12
FRANK NEMIROFSKY Case N0.: C 07 2769 JL
13
plaintiff, DECLARATION OF D. PETER HARVEY
14 IN SUPPORT OF EX PARTE APPLICATION
15 V- FOR ORDER VACATING OR MODIFYIN G
TEMPORARY PROTECTIVE ORDERS
SEOK KI KIM, STV ASIA, LTD., a British
16 Virgin Islands corporation; and DOES 1 [EXHIBITS REDACTED]
17 through 20, inclusive,
1 8 Defendants.
19 SEOK KI KIM and STV ASIA, LTD., a
British Virgin Islands corporation,
20 _
Counterclaimants,
21
v.
22
FRANK NEMIROFSKY,
23
Counterdefendant.
24
25
26
-1-
27 ` DECLARATION OED. PETER HARVEY IN SUPPORTMOF EX PARTE A1¤1¤L1cAr1oN
1 FOR ORDER VACATING OR MODIFYING TEMPORARY PROTECTIVE ORDERS
28 Case No.: C 07 2769 IL
Case 3:07-cv-02769-JL Document 12 Filed 05/31/2007 Page 2 of 2
1 I, D. Peter Harvey, declare as follows:
2 l. I am a member of the law finn of Harvey Siskind LLP, counsel of record for
3 Defendants/Counterclaimants Seok Ki Kim and STV Asia, Ltd. ("Defendants"). I have personal
4 knowledge of the matters stated herein,and, if called as a witness, I could and would testify competently
5 thereto. ·
6 2. On May 22, 2007, I received a letter from David W. Trotter, counsel for
7 Plaintiff/Counterdefendant Frank Nemirofsky (“Plaintiff’). A true and correct copy of Mr. Trotter’s
8 letter is attached hereto as Exhibit A. I
9 3. On May 25, 2007, we removed this matter to federal court and called Messrs. Trotter
10 and Bowles and left them voice mail messages. On May 27, 2007, I emailed a letter to Mr. Trotter
11 objecting to the excessive amount covered by Plaintiffs temporary protective orders (TPOS), asking -
12 that his client release all funds held by Squire, Sanders & Dempsey above the amount in dispute, and
13 demanding that Plaintiff file an undertaking. A true and correct copy of this letter is attached hereto
14 as Exhibit B. I requested that Plaintiff stipulate to amend the TPOs and file an undertaking in the
15 amount of $500,000. Mr. Trotter called me on May 29, 2007, and told me he was not in a position to
16 respond to my letter, but that he hoped to be able to call me back within 24 hours. I have not since
l7 heard anything from Mr. Trotter.
18 I declare under penalty of perjury under the laws of the State of California that the foregoing
19 is true and correct and that this declaration was executed this 31st day of May, 2007, in San
20 Francisco, California.
21 ....
23 D. Peter Harvey
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25
26
-2-
27
FOR ORDER VACATING OR MODIFYING TEMPORARY PROTECTIVE ORDERS
28 case N0.; c 07 2769 JL _
Case 3:07-cv-02769-JL
Document 12
Filed 05/31/2007
Page 1 of 2
Case 3:07-cv-02769-JL
Document 12
Filed 05/31/2007
Page 2 of 2
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