Eugene F. Assaf, P.C. (pro hac vice)

Michael F. Williams

Daniel A. Bress (pro hac vice)

Peter A. Farrell (pro hac vice)

KIRKLAND & ELLIS LLP

655 15th St., N.W.

Washington, D.C. 20005

Phone: (202) 879-5000

Facsimile: (202) 879-5200

Justin T. Quinn 

ROBINSON MILLER LLC

One Newark Center, 19th Floor

Newark, New Jersey 07102

Phone: (973) 690-5400

Facsimile: (973) 466-2761

Counsel for Defendant BASF Catalysts LLC

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

KIMBERLEE WILLIAMS, ET AL.,

Plaintiffs,

v.

BASF CATALYSTS LLC, ET AL.,

Defendants.

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No. 2:11-cv-01754 (JLL) (JAD)

CIVIL ACTION

DECLARATION OF 

EUGENE F. ASSAF 

Case 2:11-cv-01754-BRM-AME Document 384-1 Filed 12/15/17 Page 1 of 3 PageID: 15709
I, Eugene F. Assaf, declare that:

1. I am an attorney at law and a partner with the law firm of Kirkland & 

Ellis LLP in Washington, D.C.

2. I am one of the counsel of record for Defendant BASF Catalysts LLC 

(“BASF”) in this action.

3. I make this Declaration in support of BASF’s Letter-Motion to Compel 

Plaintiffs to Provide Further Responses to BASF’s Interrogatories.

4. I respectfully submit that I made good-faith efforts to confer with 

counsel representing the plaintiffs to resolve this discovery dispute in accordance 

with Local Rule 37.1. As set forth below, those efforts were unsuccessful, and the 

parties are at an impasse on the present dispute.

5. Shortly after receiving plaintiffs’ December 7, 2017 responses to 

BASF’s November 7, 2017 interrogatories, I reached out to plaintiffs’ counsel by email to set up a telephonic meet-and-confer to discuss those responses. A true and 

correct copy of my December 7, 2017 e-mail to plaintiffs’ counsel is attached hereto 

as Exhibit A.

6. When I spoke with plaintiffs’ counsel Harry Roth by telephone on 

December 8, 2017, Mr. Roth indicated that plaintiffs intend to stand on their 

objections and not provide any facts or any further responses to BASF’s November 

Case 2:11-cv-01754-BRM-AME Document 384-1 Filed 12/15/17 Page 2 of 3 PageID: 15710
7, 2017 interrogatories. Mr. Roth confirmed that position during a subsequent 

telephone call on December 14, 2017.

7. With respect to plaintiffs’ December 23, 2016 interrogatory responses, 

my firm sent via e-mail a letter to plaintiffs’ counsel on December 7, 2017 asking 

plaintiffs to confirm by December 11, 2017 that they will update their prior 

interrogatory responses in light of Chief Judge Linares’s August 3, 2017 opinion.

8. On December 14, 2017, I spoke by telephone with Mr. Roth and with 

Mr. Brendan Little, counsel for Bevan. Following that call, Mr. Roth indicated by 

e-mail that plaintiffs hoped to supplement their December 23, 2016 interrogatory 

responses by December 29, 2017 but could not commit to that date. 

9. On December 15, 2017, Mr. Roth and I agreed to a proposed stipulated 

order memorializing the December 29, 2017 deadline.

Pursuant to 28 U.S.C. § 1746, I hereby declare that the foregoing is true and 

correct to the best of my knowledge and belief.

Date: December 15, 2017 /s/ Eugene F. Assaf____

Eugene F. Assaf

Case 2:11-cv-01754-BRM-AME Document 384-1 Filed 12/15/17 Page 3 of 3 PageID: 15711