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Transcript of Summary Judgement Hearing

Transcript of Summary Judgement Hearing

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Published by: woodruff1 on Feb 08, 2011
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120106GoldenDawnVolume IPages 1 - 65UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF CALIFORNIABEFORE THE HONORABLE JEFFREY S. WHITE, JUDGETHE HERMETIC ORDER OF THE )GOLDEN DAWN, ))Plaintiff, ))v. ) NO. C-05-432 JSW)DAVID GRIFFIN, ))Defendant. )______________________________)San Francisco, CaliforniaFriday, December 1, 2006TRANSCRIPT OF PROCEEDINGSAPPEARANCES:For Plaintiff: Law Offices of Harris Zimmerman1330 Broadway, Suite 710Oakland, California 94612BY: MICHAEL JAMES CRONEN, ESQ.For Defendant: Law Offices of Jorge Hevia1440 Brickell Bay Drive, Suite 309Miami, Florida 33131BY: JORGE HEVIA, ESQ.Reported By: BELLE BALL, CSR, RMR, CRROfficial Reporter21 FRIDAY, DECEMBER 1, 20062 9:38 A.M.Page 1
Case 3:05-cv-00432-JSW Document 202-2 Filed 05/19/2008 Page 1 of 57
 
120106GoldenDawn3 THE CLERK: Calling Case C-05-00432, the Hermetic4 Order of the Golden Dawn versus David Griffin. Counsel, please5 step forward and state your appearances.6 MR. CRONEN: Good morning, Your Honor, Mike Cronen for7 Plaintiffs, Hermetic Order of the Golden Dawn, Inc. And Mr. Sam8 Webster is our client representative.9 THE COURT: Good morning.10 MR. HEVIA: Good morning, Your Honor. Jorge Hevia11 representing Mr. Griffin.12 THE COURT: And Mr. Griffin is in court?13 MR. HEVIA: Yes.14 THE COURT: All right, thank you very much. The15 client's representative may be seated.16 Okay. We are here on the motions for summary judgment17 and related motions. And I want to know whether the parties18 received the Court's notice of tentative ruling, and the19 questions.20 MR. CRONEN: Yes, we have, Your Honor.21 MR. HEVIA: Yes, Your Honor.22 THE COURT: All right. Before --23 MR. HEVIA: Your Honor, may I ask if the Court got our24 statement of recent cases?25 THE COURT: I did.31 MR. HEVIA: Thank you, sir.2 THE COURT: We did get it. Thank you.3 A couple of preliminary matters that I want to get4 into before we get into the questions that were submitted. The5 first one has to do with the requirement of filing chambers6 copies.7 I want to say to Counsel, what people do on their ownPage 2
Case 3:05-cv-00432-JSW Document 202-2 Filed 05/19/2008 Page 2 of 57
 
120106GoldenDawn8 personal time is no business of the Court's, but I want to say9 that there is some sensitivity on the part of the Court and10 staff to secondhand smoke. And I want to say to Defense Counsel11 that the filings that you have sent to chambers have had an12 aroma of cigarette smoke, and we find it an aroma difficult to13 deal with.14 So, again, I'm not going to, obviously, impinge upon15 the rights that anybody has -- either you or anybody in your16 office -- to smoke, but if you -- when you do submit your17 papers, you need to make sure that they are free of that. If18 it's impossible to do that, then you should let the Court know,19 and I will suspend the obligation of filing chambers copies.20 Is that understood?21 MR. HEVIA: Yes, sir. I apologize, Your Honor.22 THE COURT: All right. Okay. The second order of23 business is the following. The Court has -- as the parties will24 remember, early in this case, the Court admonished the parties,25 and particularly in an order granting the motion to vacate entry41 of default and denying as moot the motion for entry of default2 that was filed earlier, on September 20th, 2005.3 The Court said in Footnote No. 1, quote, "The parties4 are hereby admonished that at all court appearances and at all5 future pleadings, they are to address the legal issues raised,6 and refrain from including attacks on one another and their7 Counsel that are peppered throughout the motions currently8 pending before this Court," unquote.9 The Court noticed in the current filings before the10 Court, for today's papers, that that -- that admonition was not11 honored, that there are ad hominem attacks on Counsel, on thePage 3
Case 3:05-cv-00432-JSW Document 202-2 Filed 05/19/2008 Page 3 of 57

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