Free Declaration in Support - District Court of California - California

Case 3:07-cv-02769-JL

Document 103

Filed 10/10/2007

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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 COUNTERCLAIMANTS' OPPOSITION TO COUNTERDEFENDANT'S MOTION TO DISMISS 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 and

Counterclaimants Seok Ki Kim and STV Asia, Ltd. (collectively, "Counterclaimants"). 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 OPPOSITION UNDER SEAL Case No.: C 07 2769 JL

Case 3:07-cv-02769-JL

Document 103

Filed 10/10/2007

Page 2 of 2

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2.

Plaintiff and Counterdefendant Frank Nemirofsky's Motion to Dismiss Defendants'

Counterclaim relates to an agreement between Defendant and Counterclaimant STV Asia, Ltd. ("STV") and PRN Corporation ("PRN"). This agreement includes 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 Counterclaimants were to file their Opposition to Counterdefendant's Motion to Dismiss without portions shielded from the public. 3. On October 10, 2007, I called Mr. Nemirofsky's counsel, Robyn Callahan, to inquire

about stipulating to the filing of a portion of Counterclaimants' Opposition to Counterdefendant's Motion to Dismiss under seal. Ms. Callahan did not pick up her phone, so I left her a voicemail. I have not heard back from Ms. Callahan. However, it is reasonable to assume that Mr. Nemirofsky would agree to the filing of a portion of the Opposition under seal, since throughout this litigation all parties have filed portions of documents relating to the STV-PRN agreement under seal. I declare under penalty of perjury that the foregoing is true and correct, and that this declaration is executed in San Francisco, California on October 10, 2007.

/s/ SETH I. APPEL

-2APPEL DECLARATION IN SUPPORT OF ADMINISTRATIVE MOTION TO FILE OPPOSITION UNDER SEAL Case No.: C 07 2769 JL