Sorensen v. CTT Tools, Inc. et al

MOTION for Exception to Stay to Preserve Evidence

S.D. Cal.July 8, 2008

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MELODY A. KRAMER, SBN 169984 KRAMER LAW OFFICE, INC. 9930 Mesa Rim Road, Suite 1600 San Diego, California 92121 Telephone (858) 362-3150 mak@kramerlawip.com J. MICHAEL KALER, SBN 158296 KALER LAW OFFICES 9930 Mesa Rim Road, Suite 200 San Diego, California 92121 Telephone (858) 362-3151 michael@kalerlaw.com Attorneys for Plaintiff JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST, Plaintiff v. CTT TOOLS, INC., a California Corporation; and DOES 1 – 100, Defendants. _________________________________ and related counterclaims. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 08 cv 231 BTM CAB NOTICE OF MOTION AND MOTION FOR EXCEPTION TO STAY TO PRESERVE EVIDENCE Date: August 8, 2008 Time: 11:00 a.m. Courtroom 15 – 5th Floor The Hon. Barry T. Moskowitz Oral Argument Has Been Respectfully Requested by Plaintiff ) // Case 3:08-cv-00231-BTM-CAB Document 22 Filed 07/08/2008 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that on August 8, 2008, at 11:00 a.m. or as soon thereafter as this matter may be heard before the Honorable Barry T. Moskowitz, Plaintiff Jens Erik Sorensen, as Trustee of Sorensen Research & Development Trust, will move and hereby does move this Court for an order granting Plaintiff’s Motion for Exception to Stay to Preserve Evidence. This motion is made on the following grounds: 1. Plaintiff believes the preservation of evidence is necessary and that delay until completion of the ‘184 patent reexamination creates the risk of loss of evidence; 2. Defendants are unwilling to informally agree to the relief requested. DATED this Tuesday, July 08, 2008. JENS ERIK SORENSEN, as Trustee of SORENSEN RESEARCH AND DEVELOPMENT TRUST, Plaintiff /s/ Melody A. Kramer Melody A. Kramer, Esq. J. Michael Kaler, Esq. 2. Case No. 08cv231 Attorneys for Plaintiff Case 3:08-cv-00231-BTM-CAB Document 22 Filed 07/08/2008 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I, Melody A. Kramer, declare: I am and was at the time of this service working within in the County of San Diego, California. I am over the age of 18 year and not a party to the within action. My business address is the Kramer Law Office, Inc., 9930 Mesa Rim Road, Suite 1600, San Diego, California, 92121. On Tuesday, July 08, 2008, I served the following documents: NOTICE OF MOTION AND MOTION FOR EXCEPTION TO STAY TO PRESERVE EVIDENCE DECLARATION OF MELODY A. KRAMER IN SUPPORT OF MOTION FOR EXCEPTION TO STAY TO PRESERVE EVIDENCE PLAINTIFF’S MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION FOR EXCEPTION TO STAY TO PRESERVE EVIDENCE PERSON(S) SERVED PARTY(IES) SERVED METHOD OF SERVICE Kurt Osenbaugh James D. Sloan Weston, Benshoff, Rochefort, et al. 333 South Hope Street, 16th Floor Los Angeles, CA 90071 kosenbaugh@wbcounsel.com jsloan@wbcounsel.com Eliot L. Teitelbaum Koorenny & Teitelbaum, LLP 11911 San Vicente Boulevard, Suite 265, Los Angeles, CA 90049 etktlaw@yahoo.com CTT Tools, Inc. CTT Tools, Inc Email--Pleadings Filed with the Court Email--Pleadings Filed with the Court (Personal Service) I caused to be personally served in a sealed envelope hand-delivered to the office of counsel during regular business hours. (Federal Express) I deposited or caused to be deposited today with Federal Express in a sealed envelope containing a true copy of the foregoing documents with fees fully prepaid addressed to the above noted addressee for overnight delivery. 3. Case No. 08cv231 Case 3:08-cv-00231-BTM-CAB Document 22 Filed 07/08/2008 Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (Facsimile) I caused a true copy of the foregoing documents to be transmitted by facsimile machine to the above noted addressees. The facsimile transmissions were reported as complete and without error. (Email) I emailed a true copy of the foregoing documents to an email address represented to be the correct email address for the above noted addressee. (Email--Pleadings Filed with the Court) Pursuant to Local Rules, I electronically filed this document via the CM/ECF system for the United States District Court for the Southern District of California. (U.S. Mail) I mailed a true copy of the foregoing documents to a mail address represented to be the correct mail address for the above noted addressee. I declare that the foregoing is true and correct, and that this declaration was executed on Tuesday, July 08, 2008, in San Diego, California. /s/ Melody A. Kramer Melody A. Kramer 4. Case No. 08cv231 X Case 3:08-cv-00231-BTM-CAB Document 22 Filed 07/08/2008 Page 4 of 4