Free Declaration - District Court of Arizona - Arizona

Robert Hardy Falk, Esq. (TX 06795300 , pro hac vice) 2 ROBERT HARDY FALK, P.C. Post Office Box 794748 3 Dallas, Texas 75379 Tel.: (214) 954-400 4 Fax: (214) 969-5941 E-mail: [email protected]
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Michael G. Ackerman, Esq. (CA 64997, pro hac vice) 7 ACKERMAN AND KEVORKIAN 2391 The Alameda, Suite 100 8 Santa Clara, CA 95050 Tel.: (408) 261-5800 9 Fax: (408) 261-5900 E-mail: [email protected]
6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION IN OPPOSITION TO MOTION TO STRIKE PLAINTIFF'S SURREPLY MEMORANDUM Case 2:03-cv-00067-SMM Document 135 - 1 -Filed 05/19/2006 CIV-03-67-PHX-SMM Case No. Page 1 of 4

Attorneys for Plaintiff, RONALD CRAIG FISH, a law corporation

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA ) ) ) ) Plaintiff, ) ) vs. ) ) THOMAS G. WATKINS, III, an ) individual; SKYLINE MANUFACTURING, INC., an Arizona ) ) corporation, ) ) Defendants. RONALD CRAIG FISH, a law corporation, a California corporation, I, Cami J. Smurphat declare that:, 1. I am employed at the law firm of Ackerman and Kevorkian. I prepared the motion for leave to file a surreply and the surreply using Times New Roman 13 point type. After the memorandum was completed, it was signed, scanned, saved in a pdf file, and then emailed to the court and Mr. Dudzik's office. Case No. CIV-03-67-PHX-SMM DECLARATION IN OPPOSITION TO MOTION TO STRIKE PLAINTIFF'S SURREPLY MEMORANDUM

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I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Declaration was executed in the City of Santa Clara, State of California, on Friday, May 19, 2006.

______/s/______________________ CAMI J .SMURPHAT

C:\MyDocs\Fish\Arizona\MSJ\Dec.CJS.Oppos.Mtn2Strike.wpd

DECLARATION IN OPPOSITION TO MOTION TO STRIKE PLAINTIFF'S SURREPLY MEMORANDUM Case 2:03-cv-00067-SMM Document 135 - 2 -Filed 05/19/2006 CIV-03-67-PHX-SMM Case No. Page 2 of 4

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The undersigned declares: I am a citizen of the United States and a resident of Santa Clara County, State of California. I am over the age of eighteen (18) years and not a party to the within above-entitled action. My business address is 2391 The Alameda, Suite 100, Santa Clara, CA 95050. On May 19, 2006, I served a copy of the following document(s) described as: PLAINTIFF'S SURREPLY MEMORANDUM on the interested parties in this action by placing true copies thereof in a sealed envelope addressed to the person(s) listed below: Robert Hardy Falk, Esq. ROBERT HARDY FALK, P.C. P.O. Box 794748 Dallas, Texas 75379 Email: [email protected] (Attorneys for Plaintiff, Ronald Craig Fish, A Law Corporation)

Darrell S. Dudzik, Esq. HINSHAW & CULBERTSON 12 3800 North Central Avenue, Suite 1600 Phoenix, Arizona 85012-1946 13 Email: [email protected] Facsimile: (602) 631-4404 14 (Attorneys for Defendant, Thomas G. Watkins, III)
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( )

(By U.S. Mail) I am readily familiar with my employer's business practice

for collection and processing of correspondence for mailing with the United States Postal Service. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter is more than one day after dated of deposit for mailing in affidavit. I deposited such envelope(s) with postage thereon fully paid to be placed in the United States Mail at Santa Clara, California. ( X ) (By E-Mail) I caused a true copy of the foregoing document to be served on Darrell S. Dudzik and Robert Hardy Falk via e-mail at the e-mail address listed above. Each e-mail was complete and no reports of error were received. ( X ) (By Facsimile) I served a true and correct copy by facsimile pursuant to C.C.P. 1013(e), calling for agreement and written confirmation of that agreement on court order, to the number(s) listed above or on an attached sheet. Said
DECLARATION IN OPPOSITION TO MOTION TO STRIKE PLAINTIFF'S SURREPLY MEMORANDUM Case 2:03-cv-00067-SMM Document 135 - 3 -Filed 05/19/2006 CIV-03-67-PHX-SMM Case No. Page 3 of 4

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transmission was reported complete and without error. ( ) (By California Overnight Mail) I served a true and correct copy enclosed in a sealed package, for California Overnight collection and for overnight delivery. I marked said envelope for collection and overnight delivery to the addressed and to the office of the addressee(s) as above indicated. In the ordinary course of business and including said overnight envelopes, will be deposited with California Overnight at Santa Clara, California ( X ) (Federal Only) I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct and that this declaration was executed on May 19, 2006, at Santa Clara, California.

_______/s/_______________________________ CAMI J. SMURPHAT

DECLARATION IN OPPOSITION TO MOTION TO STRIKE PLAINTIFF'S SURREPLY MEMORANDUM Case 2:03-cv-00067-SMM Document 135 - 4 -Filed 05/19/2006 CIV-03-67-PHX-SMM Case No. Page 4 of 4