With regard to Doc 128...it seems that three of the declarations (by Bastian, Anandpura and Clark) lacked the required statement that they are declared "under penalty of perjury". e.Digital's lawyers asked the Court for indulgence to correct the errors which the Court granted. Bastian's has already been obtained and filed with the Court. They are working to get Anandpura's and Clark's ASAP. The re-submittals will be exactly the same as the originals except they'll contain the required statement.
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Document 128
At oral argument before the Court on October 9, 2007, counsel for Plaintiff pointed out that three of the declarations filed by e.Digital in connection with its opposition to Plaintiff’s Motion for Summary Judgment lacked indicia that they were signed under penalty of perjury. Counsel for e.Digital requested the indulgence of the Court to repair this deficiency, which was granted by the Court. ---------------------------------------------------
Defendant e.Digital hereby gives notice of the filing of the Amended Declaration of John Bastian, one of the three challenged declarants. The amended declaration is attached hereto as Exhibit 1. This declaration is in all respects identical to the declaration originally filed with the Court, except that it is explicitly signed “under penalty of perjury.” ---------------------------------------------------
Counsel for e.Digital are currently employing all means possible to obtain the signatures of Messrs. Clark and Anandpura on their amended declarations, and expect to file those amended declarations as soon as they are received. ---------------------------------------------------
DATED this 11th day of October, 2007. RAY QUINNEY & NEBEKER P.C.
