Karen O’Kasey, OSB No. 870696
HOFFMAN, HART & WAGNER, LLP
Twentieth Floor
1000 S.W. Broadway
Portland, Oregon 97205
Telephone: (503) 222-4499
Facsimile: (503) 222-2301
E-mail: kok@hhw.com
Of Attorneys for Defendant The City of Ashland
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
AMERICAN BUDDHA, an Oregon
Nonprofit Corporation,
Plaintiff,
v .
THE CITY OF ASHLAND AND THE
WASHINGTON POST COMPANY,
Defendants.
No. 06-CV-3054-PA
AFFIDAVIT OF JOE FRANELL IN SUPPORT OF DEFENDANT THE
CITY OF ASHLAND'S OBJECTION TO PLAINTIFF'S MOTION
FOR EXTENSION OF TIME
I, Joe Franell, being first duly
sworn, do depose and say:
1. I am the Director of the Ashland Fiber Network ("AFN"),
which provides broadband access to Internet service
providers in the city of Ashland. Infostructure is
the Internet service provider used by plaintiff and
plaintiff's counsel. I make this Affidavit
based on my personal knowledge.
2. At no time on January 26, 2007 was the modem
serving plaintiff's website or plaintiff's counsel's
personal website or email shut off by AFN, Rick
Holbo or me. Attached to this Affidavit is a true
and correct copy of the weekly graph showing traffic
over the modem in question, beginning Saturday,
January 20 through Sunday, January 28, 2007. Page 2
of Exhibit 1 specifically shows traffic on the modem
for that week. The short drop in traffic on Friday.
January 26, 2007 was not due to AFN, Richard Holbo
or me shutting the modem off. To my
knowledge, Infostructure, plaintiffs Internet
service provider, also did not shut off or
disconnect the modem serving plaintiff or its
counsel's website or; email.
Joe Franell
SUBSCRIBED AND SWORN TO before me
this 30th day of January, 2007.
Nancy Snow
Notary Public for Oregon
COMMISSION NO 384505
MY COMMISSION EXPIRES SEPT. 08. 2008
CERTIFICATE OF SERVICE
I hereby certify that on the 31st day of January, 2007, I served the foregoing
AFFIDAVIT OF JOE FRANELL IN SUPPORT OF DEFENDANT THE
CITY OF ASHLAND'S OBJECTION TO PLAINTIFF'S MOTION
FOR EXTENSION OF TIME as follows:
Charles Carreon
Online Media Law, PLLC
423 Gateway Drive, #64
Pacifica, CA 94044
Attorney for Plaintiff
by electronic means through the Court’s Case
Management/Electronic Case File system.
/s/ Karen O’Kasey
Karen O’Kasey
