Gordon v. Impulse Marketing Group Inc Doc.

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Case 2:04-cv-05125-FVS Document 30 Filed 03/28/2005

1 DOUGLAS E. MCKINLEY, JR.

2 Attorney At Law
P.O. Box 202
3 Richland, Washington 99352
Phone 628-0809 Fax (509) 628-2307
4

10
IN THE UNITED STATES DISTRICT COURT
11 FOR THE EASTERN DISTRICT OF WASHINGTON
AT RICHLAND
12

13 JAMES S. GORDON, JR, )

an individual residing in )
14 Benton County, Washington. )
)
15 Plaintiff, ) NO. CV-04-5125-FVS
)
16 vs. ) Declaration of Douglas E.
) McKinley, Jr. Request for Relief
17 ) Responsive to the Court’s Order
) of March 25, 2005
18 )
IMPULSE MARKETING GROUP, )
19 INC., )
a Nevada Corporation ) Jury Trial Demanded
20 )
)
21 )
Defendant. )
22 )
23
Douglas E. McKinley, Jr. declares as follows:
24
1) I am the attorney of record for the plaintiff in the above captioned
25

26 lawsuit.
Declaration of Douglas E. McKinley, Jr. and 1 DOUGLAS E. MCKINLEY, JR.
Attorney At Law
Request for Relief Responsive to the Court’s P.O. Box 202
Order of March 25, 2005 Richland, Washington 99352
Phone 628-0809 Fax (509) 628-2307

Dockets.Justia.com
 Case 2:04-cv-05125-FVS Document 30 Filed 03/28/2005

1 2) On or about February 22, 2005, I participated in a telephone

2
conversation with Floyd Ivey, Plaintiff’s Counsel, and the
3

4 District Court Administrator concerning the specifics of the

5 Defendant’s now pending motion to dismiss.

6
3) During that conversation, I told Mr. Ivey that I would prefer to
7

8 argue my client’s position in person, but that I didn’t care if he

9
argued his motion over the telephone.
10
4) At the conclusion of that conversation, I wrote a letter reiterating
11

12 my preference and faxed it to Mr. Ivey. A copy of that letter is

13
attached herewith.
14
5) Four days later, on February 26, 2005, Mr. Ivey noted his motion
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16 for a telephonic hearing. Mr. Ivey made no provision for my

17
appearance in person.
18

19 6) On or about March 24, 2005, I contacted the Court to inquire

20 about the motion, and was told that the Court would not allow
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one party to appear in person if the other party was appearing
22

23 telephonically.
24

25

26
Declaration of Douglas E. McKinley, Jr. and 2 DOUGLAS E. MCKINLEY, JR.
Attorney At Law
Request for Relief Responsive to the Court’s P.O. Box 202
Order of March 25, 2005 Richland, Washington 99352
Phone 628-0809 Fax (509) 628-2307
 Case 2:04-cv-05125-FVS Document 30 Filed 03/28/2005

1 7) Until this conversation took place on March 24, 2005, I was not
2
aware of the Court’s policy of not allowing a party to appear in
3

4 person if another other party was appearing telephonically.

5 8) I still would prefer to appear in person, and have no objection to

6
Plaintiff’s counsel appearing telephonically while I do so. At the
7

8 same time, I do not want to reschedule the motion. Therefore, I

9
would make the following request: If the Court is willing to
10
allow me to appear in person and argue the motion on March 31,
11

12 2005, I am happy to drive to Spokane and do so, and have no

13
objection to Plaintiff’s counsel arguing their position over the
14
telephone. I assume the Court has a speaker phone or similar
15

16 equipment that will accommodate this arrangement. If the Court

17
is only willing to allow me to argue the motion in person if
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19 Plaintiff’s counsel is also there in person, and the Court is willing

20 to Order Plaintiff’s counsel to appear in Court on March 31,

21
2005, I will also be happy to drive to Spokane to argue the
22

23 motion. However, if the Court is only willing to allow me to

24 argue the motion in person if Plaintiff’s counsel in also there in
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person, and the Court is not willing to Order Plaintiff’s counsel to
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Declaration of Douglas E. McKinley, Jr. and 3 DOUGLAS E. MCKINLEY, JR.
Attorney At Law
Request for Relief Responsive to the Court’s P.O. Box 202
Order of March 25, 2005 Richland, Washington 99352
Phone 628-0809 Fax (509) 628-2307
 Case 2:04-cv-05125-FVS Document 30 Filed 03/28/2005

1 be there on March 31, 2005 and instead wants to reschedule the

2
motion, I waive my request to appear in person, and instead
3

4 request that the Court simply have all parties argue the motion

5 telephonically on March 31, 2005.

6

7 DATED this 28th day of March, 2005

8
S/ DOUGLAS E. MCKINLEY, JR.
9 . WSBA# 20806
Attorney for Plaintiff
10 P.O. Box 202
Richland, Washington 99352
11 Phone (509) 628-0809
Fax (509) 628-2307
12 Email: doug@mckinleylaw.com
13 Certificate of Service
14 I hereby certify that on March 28, 2005, I electronically filed the foregoing
with the Clerk of the Court using the CM/ECF System which will send
15 notification of such filing to the following: Floyd Ivey, and I hereby certify
that I have mailed by United States Postal Service the document to the
16 following non-CM/ECF participants: David O. Klein, Peter J. Glantz, Sean
A. Moynihan.
17
S/ DOUGLAS E. MCKINLEY, JR.
18 . WSBA# 20806
Attorney for Plaintiff
19 P.O. Box 202
Richland, Washington 99352
20 Phone (509) 628-0809
Fax (509) 628-2307
21 Email: doug@mckinleylaw.com
22

23

24

25

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Declaration of Douglas E. McKinley, Jr. and 4 DOUGLAS E. MCKINLEY, JR.
Attorney At Law
Request for Relief Responsive to the Court’s P.O. Box 202
Order of March 25, 2005 Richland, Washington 99352
Phone 628-0809 Fax (509) 628-2307
 Case 2:04-cv-05125-FVS Document 30 Filed 03/28/2005

Douglas E. McKinley, Jr.

Attorney at Law

PO Box 202 Phone (509) 628-0809

Richland, Washington 99352 Facsimile (509) 628-2307
http//www.mckinleylaw.com Email doug@mckinleylaw.com

February 22, 2005

Floyd Ivey
PO Box 6125
Kennewick, WA 99336-0125

VIA FAX ONLY 735-3585

Re: Gordon v. IMG, Inc., United States District Court, Eastern District of Washington
Cause No. CV-04-5125-FVS

Dear Floyd:

Further to our conversation with the Court Clerk earlier today concerning re-
noting your motion to dismiss for March 31, 2005 at 10:30 am, please do not note my
presence telephonically. I have no objection to your appearance by telephone, however, I
would prefer to appear in person.

Sincerely,

Douglas E. McKinley

cc: JGordon