Case 2:14-cv-05520-SJO-PJW Document 62 Filed 02/06/17 Page 1 of 5 Page ID #:369 1 2 3 RHEINHEIMER + SMIGLIANI, APC 1230 Columbia Street, Suite 900 San Diego, California 92101 (619) 503-1437 Fax: (619) 503-1438 4 Jane A. Rheinheimer, Esq. (SBN 131789) jar@rsdapc.com 5 Attorneys for Defendant MYSPACE LLC 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION 10 11 STEPHEN AGUIAR, 12 Plaintiff, 13 14 vs. 15 16 MY SPACE INC., 17 Defendant. 18 19 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:14-cv-05520-SJO-PJW Presiding: Hon. S. James Otero Magistrate: Hon. Patrick J. Walsh DECLARATION OF JANE A. RHEINHEIMER REGARDING INABILITY TO FILE OPPOSITION OR NOTICE OF NON-OPPOSITION 20 21 I, JANE A RHEINHEIMER, declare as follows: 22 1. I am an attorney at law in good standing licensed to practice 23 before all the Courts of this State and admitted to practice in the United States 24 District Court for the Central Division of California. If called upon to testify 25 as to the matters stated herein, I could and would do so competently. 26 2. My firm was engaged in November of 2015 by a company called 27 Viant, Inc., with whom we had no previous relationship, to defend 28 MYSPACE, LLC in this litigation. Services were performed according to a 1 DECLARATION OF J. RHEINHEIMER RE INABILITY TO RESPOND 2:14-cv-05520-SJO-PJW Case 2:14-cv-05520-SJO-PJW Document 62 Filed 02/06/17 Page 2 of 5 Page ID #:370 1 2 written attorney-client hourly fee agreement. 3. As is set forth in more detail in the Motion to Withdraw and 3 Declaration of Jane A. Rheinheimer which is filed concurrently with the 4 instant Declaration of Inability to File Opposition or Notice of Non- 5 Opposition, all communication from Viant, Inc. and/or MYSPACE, LLC has 6 ceased. I was advised by the previous corporate counsel for Viant, Inc. on 7 September 16, 2016, that my firm’s services would no longer be required in 8 connection with this matter. Additional written communications from my 9 office on September 16, December 20, December 21, December 22, 10 December 27, and December 29, 2016 and January 10, January 31, February 11 1, and February 3, 2017 have gone unanswered. I have sent corporate counsel 12 copies of all pleadings, motions, and minute orders of this Court. All of these 13 communications were sent via electronic mail, none of which have been 14 returned. If requested, I will appear in camera before this Court and outside 15 the presence of Plaintiff’s counsel, to provide additional information as 16 required. 17 4. By minute order of this Court dated January 27, 2017, Defendant 18 MYSPACE, LLC was ordered to file an opposition or a statement of non- 19 opposition to Plaintiff’s pending motion for determination of default damages 20 by February 6, 2017. As of February 6, 2017, I have received no 21 communication or instruction from Viant, Inc. or from MYSPACE, LLC or 22 from anyone else affiliated with these entities as to if or how this firm should 23 respond on behalf of Defendant. 24 5. On Friday, February 3, 2017, I spoke twice over the telephone 25 with Plaintiff’s new counsel, Caleb Mason, and provided him with contact 26 information for the attorney I believe to be corporate counsel for corporate 27 entities who may have succeeded Viant, Inc. and/or MySpace, LLC. I do not, 28 as of this writing, know if Mr. Mason communicated with counsel or not. I 2 DECLARATION OF J. RHEINHEIMER RE INABILITY TO RESPOND 2:14-cv-05520-SJO-PJW Case 2:14-cv-05520-SJO-PJW Document 62 Filed 02/06/17 Page 3 of 5 Page ID #:371 1 2 have not received any communication from counsel. 6. I have advised corporate counsel that this firm is filing a motion 3 to withdraw and sent copies of the motion and accompanying Declaration on 4 Friday, February 3, 2017. This Declaration will also be sent to counsel as 5 well as to Mr. Mason. 6 7 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 8 9 10 Dated: February 6, 2017 /s/ Jane A. Rheinheimer JANE A. RHEINHEIMER, Declarant Attorney for Defendant MYSPACE LLC Email: jar@rsdapc.com 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 DECLARATION OF J. RHEINHEIMER RE INABILITY TO RESPOND 2:14-cv-05520-SJO-PJW Case 2:14-cv-05520-SJO-PJW Document 62 Filed 02/06/17 Page 4 of 5 Page ID #:372 PROOF OF SERVICE 1 2 STATE OF CALIFORNIA, COUNTY OF SAN DIEGO I, the undersigned, am over the age of 18 years and not a party to the 3 4 within action; my business address is 1230 Columbia Street, Suite 900, San 5 Diego, CA 92101 Telephone: 619.503.1437; email address is tjh@rsdapc.com. 6 On February 6, 2017, I caused the document(s) described as: 7 DECLARATION OF JANE A. RHEINHEIMER REGARDING INABILITY TO FILE OPPOSITION OR NOTICE OF NON-OPPOSITION 8 9 to be served on the parties in Case No. 2:14-cv-05520-SJO-PJW as follows: 10 On all parties identified for Notice of Electronic Filing generated by the Court’s CM-ECF system under the above-referenced case caption. 11 The following is a procedure in which service of this document was effected: 12 13 (X) 14 15 16 ELECTRONIC FILING AND SERVICE - I caused a true copy of the above-referenced document to be filed with the United States District Court, Southern District of California through its CM/ECF filing system, pursuant to the Court’s Local Rules, to the parties and/or counsel for the parties identified on the Court’s service list. Plaintiff Stephen Handy Aguiar Reg. No. 03722-082 LEGAL MAIL - Open only in the presence of inmate FCC Petersburg Medium PO Box 1000 Petersburg, VA 23804 Counsel for Plaintiff Caleb E. Mason Laura Gladwin Payne BROWN WHILE OSBORNE 333 S. Hope Street 40th Floor Los Angeles, CA 90071 cmason@brownwhitelaw.com lpayne@brownwhitelaw.com 17 18 19 20 21 22 23 24 25 26 27 The following is a procedure in which service of these document(s) was effected on Defendant MYSPACE LLC: (X) U.S. POSTAL SERVICE (by placing for collection and deposit in the United States Mail a copy of said document(s) at 1230 Columbia Street, San Diego, CA 92101 in a sealed envelope, via Certified Mail, with postage fully prepaid to Defendant MYSPACE LLC, c/o Viant, Inc. 28 4 PROOF OF SERVICE 2:14-cv-05520-SJO-PJW Case 2:14-cv-05520-SJO-PJW Document 62 Filed 02/06/17 Page 5 of 5 Page ID #:373 1 2 3 4 5 6 (X) Federal: 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 am familiar with the practice of Rheinheimer + Smigliani, APC for the collection and processing of correspondence for mailing with the United States Postal Service. 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. /s/ Tricia J. Hogue TRICIA J. HOGUE DATED: February 6, 2017 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 PROOF OF SERVICE 2:14-cv-05520-SJO-PJW