Declaration of John D. Kirby in Support of Ex Parte Motion — United States v. Denny Bhakta (Document 95-2)

Summary

Declaration of John D. Kirby in support of an ex parte motion under Federal Rules of Criminal Procedure Rule 17(c) for issuance of subpoenas duces tecum, in United States of America v. Denny Bhakta, Case No. 21-cr-03352-JLS-1. Kirby states that he represents Mr. Bhakta and that the information requested from the subpoenas is not general discovery and is evidentiary and relevant. He states that the proposed subpoenas are attached as Exhibit A. He asks the Court to insert an appropriate date and time for return within the next 21 days. The declaration is dated September 20, 2024, and signed /S/John D. Kirby.

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     Case 3:21-cr-03352-JLS Document 95-2 Filed 09/25/24 PageID.457 Page 1 of 2




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      JOHN D. KIRBY (CA Bar No. 149496)
 2    401 W A Street, Suite 1150
      San Diego, CA 92101
 3    Tel (619)557-0100
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                         UNITED STATES DISTRICT COURT
 5                     SOUTHERN DISTRICT OF CALIFORNIA
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                       (HONORABLE JANIS L. SAMMARTINO)

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                                                    ) Case No. 21-cr-03352-JLS-1
 8    UNITED STATES OF AMERICA,                     )
                                                    )
 9                   Plaintiff,                     )
                                                    ) DECLARATION OF JOHN D.
10          vs.                                     ) KIRBY IN SUPPORT OF EX
                                                    ) PARTE        MOTION        UNDER
11    DENNY BHAKTA,                                 ) FEDERAL RULES OF CRIMINAL
                                                    ) PROCEDURE RULE 17(c) FOR:
12          Defendant.                              )   1. ISSUANCE OF SUBPOENAS
                                                            DUCES TECUM
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16          I, John D. Kirby, declare as follows:
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            1. I am an attorney licensed to practice in the State of California and
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19                before this Court. I represent Mr. Bhakta in the above-entitled case.
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            2. The Memorandum of Points and Authorities filed herewith contains
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                  my work product as well as my legal strategy.
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23          3. The information requested from these subpoenas is not general
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                  discovery and is evidentiary and relevant in this matter.
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26          4. Attached hereto as Exhibit A are the proposed subpoenas.
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                                         21-cr-03352-JLS-1

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     Case 3:21-cr-03352-JLS Document 95-2 Filed 09/25/24 PageID.458 Page 2 of 2




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            5. Under Local Rule 17.1, 17(c) subpoenas may be ordered returned
 2             “no less than seven (7) days from the filing of the motion.” I,
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               therefore, ask the Court to insert the appropriate date and time for
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 5             return within the next 21 days.
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            I swear under penalty of perjury that the foregoing is true.
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         Dated: September 20, 2024                        /S/John D. Kirby
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                                                          John D. Kirby
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                                      21-cr-03352-JLS-1

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