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Rivera v. Nibco

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 2, 2008

MARTHA RIVERA, MAO HER, ALICIA ALVAREZ, EVA ARRIOLA, PEUANG BOUNNHONG, CHHOM CHAN, BEE LEE, PAULA MARTINEZ, MARIA MEDINA, MAI MEEMOUA, MARGARITA MENDOZA, BAO NHIA MOUA, ISIDRA MURILLO, MARIA NAVARRO, VATH RATTANATAY, DR. OFELIA RIVERA, SARA RIVERA, GERALD BARRETT; MARIA RODRIGUEZ, MARIA RUIZ, WILLIAM C. MARIA VALDIVIA, SY VANG, HAHESY AND YOUA XIONG, AND SEE YANG, PLAINTIFFS,
v.
NIBCO, INC., AN INDIANA CORPORATION, DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Oliver W. Wanger

EX PARTE APPLICATION TO COURT FOR LEAVE TO FILE OPPOSITION BRIEF NOT TO EXCEED 35 PAGES TO PLAINTIFFS' MOTION TO EXCLUDE TESTIMONY OF DECLARATION OF ORDER THEREON

DATE: September 19, 2008

TIME: 12:00 Noon

CTRM.: 3

Defendant Nibco, Inc., by and through its counsel of record, hereby applies ex parte to the Court for leave to file an opposition brief not to exceed 35 pages to the plaintiffs' motion to 4 exclude testimony of Dr. Gerald Barrett. This Ex Parte Application is based upon the 5

Declaration of William C. Hahesy submitted below. For the reasons set forth below, defendant 6

Nibco requests the Court permit it leave to file its opposition brief not to exceed 35 pages. 7 8

DECLARATION OF WILLIAM C. HAHESY

I, WILLIAM C. HAHESY, declare:

1. I am an attorney duly admitted to practice law before all courts of the State of California and the United States District Court, Eastern District of California, and I am one of the attorneys of record for defendant Nibco, Inc in the above-reference matter.

2. I have personal knowledge of the following matters, except those stated on information and belief, and as to those matters I believe true, and if called as a witness in this proceeding, after being duly sworn, I could and would competently testify thereto.

3. I am submitting this Declaration in opposition to the Motion by plaintiffs to exclude the testimony of Dr. Gerald Barrett.

4. In connection with that motion, the plaintiffs filed a memorandum of points and authorities that is nearly pages in length, an appendix in support of authorities that includes three cases, and a declaration that attaches separate exhibits which are approximately 11/2 to 2 21 inches thick. The opposition to this motion is due September 8, 2008.

5. Pursuant to this Court's standing order, defendant Nibco, Inc. applies to the Court for leave to file an opposition brief not to exceed 35 pages in length. Counsel for 24 defendant Nibco, Inc. will endeavor to keep the brief within the normal 25-page limit but seeks 25 this relief at this time in the event that additional pages are needed to respond to the motion.

6. For the foregoing reasons, I respectfully request that the Court grant defendant in opposition to plaintiffs' motion to exclude the testimony of Dr. Gerald Barrett.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and that this Declaration was executed on this 29th day of August, 2008 at Fresno, California.

William C. Hahesy

ORDER

IT IS SO ORDERED.

Hon. Oliver W. Wanger UNITED STATES DISTRICT COURT JUDGE

20080902

© 1992-2008 VersusLaw Inc.



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