Free Declaration in Support - District Court of California - California

Case 3:07-cv-02385-PJH

Document 51

Filed 02/19/2008

Page 1 of 2

Behrooz Shariati (State Bar Ko. 174436) [email protected] JONES DAY Silicon Valley Office 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: 650-739-3939 Facsimile: 650-739-3900 Attorneys for Plaintiff NORDIC NATUMLS, INC.

CTNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORVIA

NORDIC NATURALS, INC., Plaintiff,
v.

Case No. C-07-02385 PJH BEHROOZ SHARIATI'S DECLARATION IN SUPPORT OF NORDIC'S MOTION TO SHORTEN TIME

J.R. CARLSON LABOIUTORIES, INC. and METAGENICS, INC., Defendants.

I Behrooz Shariati, declare: 1. 2. I am a partner u-ith the law firm of Jones Day, counsel of record for Plaintiff Nordic Naturals. Inc. in the above-captioned action. This declaration is submitted in support of Nordic's Motion To Shorten Time submitted ear

Case 3:07-cv-02385-PJH

Document 51

Filed 02/19/2008

Page 2 of 2

Nordic's counsel at Jones Day attempted to reach opposing counsel via telephone and email today to secure a stipulation to withdraw the declaration, or alternative11 to secure a stipulation with respect to the shortened schedule. Opposing counsel returned our email, and our call, indicating that there mere not interested in either stipulation. Attached as Exhibit A is an email response from opposing counsel, William Gaede. declining our invitation to stipulate to an expedited schedule. The parties are still on schedule per the Court's scheduling order and Nordic wishes to remain so. If this motion is not heard prior to Xordic's filing of its reply, the schedule may need to slip to accommodate additional discovery by Nordic necessitated by Defendants' improper inclusion of the Steele Declaration. By hearing the motion to strike this week, the Court will allow Nordic to properly focus on its reply, and will avoid subsequent unnecessary discovery and scheduling issues. The undersigned hereby certifies that the Application for Order Shortening Time is made in good faith and for good cause. Dated: February 19, 2008 By: is/ Behrooz Shariati Behrooz Shariati

SV1-55135~1