Case 3:14-cv-01191-JLS-KSC Document 249-2 Filed 06/15/18 PageID.13419 Page 1 of 2 1 Tony J. Ellrod (State Bar No. 136574) aje@manningllp.com 2 Jenifer Wallis (State Bar No. 303343) jcw@manningllp.com 3 MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP th 4 801 S. Figueroa St, 15 Floor Los Angeles, California 90017-3012 5 Telephone: (213) 624-6900 Facsimile: (213) 624-6999 6 Kenneth S. Kawabata (State Bar No. 149391) 7 ksk@manningllp.com MANNING & KASS, 8 ELLROD, RAMIREZ, TRESTER LLP 225 Broadway, Suite 1200, Ste. 1900 9 San Diego, California 92101 Telephone: (619) 515-0269 10 Facsimile: (619) 515-0268 11 James R. Lance, Esq. (State Bar No. 147173) jlance@noonanlance.com 12 Ethan T. Boyer (State Bar No. 173959) eboyer@noonanlance.com 13 Genevieve M. Ruch, Esq. (State Bar No. 285722) gruch@noonanlance.com 14 NOONAN LANCE BOYER & BANACH, LLP 701 Island Avenue, Suite 400 15 San Diego, California 92101 Telephone: (619) 780-0880 16 Facsimile: (619) 780-0877 17 Attorneys for Defendant NATIONAL STRENGTH AND CONDITIONING 18 ASSOCIATION 19 UNITED STATES DISTRICT COURT 20 SOUTHERN DISTRICT OF CALIFORNIA 21 CROSS-FIT, INC., a Delaware 22 corporation,, 23 Plaintiff, 24 v. 25 NATIONAL STRENGTH AND CONDITIONING ASSOCIATION, a 26 Colorado corporation, 27 Case No. 3:14-cv-1191 JLS KSC DECLARATION OF KENNETH S. KAWABATA IN SUPPORT OF MOTION FOR AN ORDER PERMITTING WITHDRAWAL AS COUNSEL OF RECORD Defendant. 28 4848-7989-6682.1 Case No. 3:14-cv-1191 JLS KSC 1 DECLARATION OF KENNETH S. KAWABATA IN SUPPORT OF DEFENDANT'S MOTION FOR AN ORDER PERMITTING WITHDRAWAL AS COUNSEL OF RECORD Case 3:14-cv-01191-JLS-KSC Document 249-2 Filed 06/15/18 PageID.13420 Page 2 of 2 DECLARATION OF KENNETH S. KAWABATA 1 2 I, Kenneth S. Kawabata, declare as follows: 3 1. I am an attorney duly admitted to practice before this Court. I am a 4 partner with Manning & Kass, Ellrod, Ramirez, Trester LLP ("Manning & Kass"), 5 attorneys of record for Defendant NATIONAL STRENGTH AND 6 CONDITIONING ASSOCIATION ("NSCA"). I have personal knowledge of the 7 facts set forth herein, except as to those stated on information and belief and, as to 8 those, I am informed and believe them to be true. If called as a witness, I could and 9 would competently testify to the matters stated herein. I make this declaration in 10 support of Manning & Kass' Motion for Order Permitting Withdrawal as Counsel of 11 Record for the NSCA. 12 2. In late May, 2018, I became aware that, due to circumstances, an actual 13 conflict of interest has arisen between the NSCA and the Manning & Kass firm 14 concerning the firm's representation of the NSCA in this matter and a related action 15 filed in state court. Due to the actual conflict, our firm has no alternative but to seek 16 withdrawal as the NSCA's counsel of record in this matter. 17 3. On June 13, 2018, I wrote a letter to James R. Lance of Noonan Lance, 18 co-counsel of record for the NSCA in this action as to Manning & Kass' intention to 19 withdraw as counsel for the NSCA and requested that he, as counsel for the NSCA, 20 advise the NSCA of Manning & Kass' requested relief. 21 I declare under penalty of perjury under the laws of the United States of 22 America that the foregoing is true and correct. 23 Executed on this 14th day of June, 2018, at San Diego, California. 24 s/ Kenneth S. Kawabata 25 Kenneth S. Kawabata 26 27 28 4848-7989-6682.1 Case No. 3:14-cv-1191 JLS KSC 2 DECLARATION OF KENNETH S. KAWABATA IN SUPPORT OF DEFENDANT'S MOTION FOR AN ORDER PERMITTING WITHDRAWAL AS COUNSEL OF RECORD