LITTLER MENDELSON

A P ROFESSIONAL C ORPORATION

501 W. Broadway

Suite 900

San Diego, CA 92101.3577

619.232.0441

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DECLARATION OF DOMINIC MESSIHA ISO DEFENDANT’S OPPOSITION TO PLAINTIFF’S EX PARTE

Case No. 11-CV-1011-JM-(CAB)

JULIE A. DUNNE, Bar No. 160544

jdunne@littler.com

DOMINIC MESSIHA, Bar No. 204544

dmessiha@littler.com

TATIANA SMALL, Bar No. 259697

tsmall@littler.com

LITTLER MENDELSON

A Professional Corporation

2049 Century Park East

Fifth Floor

Los Angeles, CA 90067

Telephone: 310.553.0308

Attorneys for Defendant

J.C. PENNEY CORPORATION, INC.

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

RAYMOND TSCHUDY,

Plaintiff,

v.

J.C. PENNEY CORPORATION, INC., a 

Delaware Corporation; and DOES 1 

through 100, inclusive,

Defendants.

Case No. 11-CV-1011-JM-(CAB)

CORRECTED DECLARATION OF 

DOMINIC MESSIHA IN SUPPORT OF

DEFENDANT’S OPPOSITION TO 

PLAINTIFF’S EX PARTE APPLICATION 

SEEKING TO DISMISS PLAINTIFF 

MATTHEW SHANNON’S CLAIMS, FILE 

A SECOND AMENDED COMPLAINT, 

AND VACATE DEFENDANT’S MOTION 

TO COMPEL ARBITRATION AND 

MOTION TO TRANSFER VENUE

Judge: Hon. Jeffrey T. Miller

Trial Date: Not Set

Case: 1:12-cv-03687 Document #: 32 Filed: 01/13/12 Page 1 of 3 PageID #:389
LITTLER MENDELSON

A P ROFESSIONAL C ORPORATION

501 W. Broadway

Suite 900

San Diego, CA 92101.3577

619.232.0441

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DECLARATION OF DOMINIC MESSIHA ISO DEFENDANT’S OPPOSITION TO PLAINTIFF’S EX PARTE

Case No. 11-CV-1011-JM-(CAB)

DECLARATION OF DOMINIC MESSIHA

I, DOMINIC MESSIHA, declare as follows: 

1. I am an attorney at law, licensed to practice in the State of California. I am admitted 

to practice law in this District. I am a shareholder with the law firm of Littler Mendelson and am 

appearing as counsel of record for Defendant J.C. Penney Corporation, Inc. I make this Declaration 

in support of Defendant’s Opposition to Plaintiff’s Ex Parte Application Seeking to Dismiss Plaintiff 

Matthew Shannon’s Claims, File a Second Amended Complaint, and Vacate Defendant’s Motion to 

Compel Arbitration and Motion to Transfer Venue. Except as otherwise indicated, I have personal 

knowledge of the facts set forth in this Declaration and, if called as a witness, I could and would 

competently testify thereto. 

2. As a result of the inadvertent omission of one page of a declaration in support of 

Defendant’s Motion to Compel Arbitration and Stay Judicial Proceedings of Matthew Shannon’s 

Claims and Motion to Transfer Venue of Matthew Shannon’s Claims, the parties agreed to a short, 

one-week continuance of the hearing on the motions. Thereafter, Plaintiff instead requested that 

Defendant stipulate to Plaintiff’s dismissal of Matthew Shannon from the lawsuit and leave to file a 

Second Amended Complaint (“SAC”) adding two new Illinois plaintiffs in Mr. Shannon’s stead. 

Defendant declined Plaintiff’s request, but advised Plaintiff that it would be willing to stipulate to a 

fourteen-day continuance of the hearing and briefing schedule of Defendant’s motions. 

3. After Plaintiff filed the instant Ex Parte Application, I requested that Plaintiff 

stipulate to a joint motion to set forth a briefing schedule in which all pending and proposed motions, 

including Plaintiff’s Motion for an Order Granting Leave to File a SAC, would be heard on the same 

day. Plaintiff declined my request, stating that such a schedule would not make sense inasmuch as 

the grant of his motion to dismiss Shannon would moot the instant Motion to Compel Arbitration 

and Motion to Transfer Venue. To the contrary, however, as explained in Defendant’s Opposition to 

the Ex Parte Application, these issues will continue to apply with equal force to the proposed new 

class representatives. 

/ / /

/ / /

Case: 1:12-cv-03687 Document #: 32 Filed: 01/13/12 Page 2 of 3 PageID #:390
LITTLER MENDELSON

A P ROFESSIONAL C ORPORATION

501 W. Bro adway

Suite 900

San Diego, CA 92101.3577

619.232.0441

LITTLER MENDELSON

A P ROFESSIONAL C ORPORATION

501 W. Broadway

Suite 900

San Diego, CA 92101.3577

619.232.0441

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DECLARATION OF DOMINIC MESSIHA ISO DEFENDANT’S OPPOSITION TO PLAINTIFF’S EX PARTE

2. Case No. 11-CV-1011-JM-(CAB)

I declare under penalty of perjury pursuant to the laws of the State of California that the 

foregoing is true and correct. Executed the 13th day of January, 2012, at Los Angeles, California, 

County of Los Angeles.

/s/ Dominic Messiha

DOMINIC MESSIHA

Firmwide:106919649.1 064615.1008

Case: 1:12-cv-03687 Document #: 32 Filed: 01/13/12 Page 3 of 3 PageID #:391