Case 2:14-cv-01523-GEB-AC Document 19 Filed 06/27/14 Page 1 of 2

1 MORGAN, LEWIS & BOCKIUS LLP

BENJAMIN P. SMITH, State Bar No. 197551
2 CHRISTOPHER J. BANKS, State Bar No. 218779
DENNIS J. SINCLITICO, JR., State Bar No. 240260
3 One Market, Spear Street Tower
San Francisco, CA 94105-1126
4 Tel: 415.442.1000; Fax: 415.442.1001
bpsmith@morganlewis.com
5 cbanks@morganlewis.com
dsinclitico@morganlewis.com
6
Attorneys for Plaintiff
7 ENTERCOM CALIFORNIA LLC
8

9 UNITED STATES DISTRICT COURT

10 EASTERN DISTRICT OF CALIFORNIA

11

12 ENTERCOM CALIFORNIA LLC (F/K/A Case No. 2:14-cv-01523 GEB AC

ENTERCOM SACRAMENTO, LLC),
13 DECLARATION OF BENJAMIN P.
Plaintiff, SMITH IN SUPPORT OF PLAINTIFF
14 ENTERCOM CALIFORNIA LLCS
vs. AMENDED NOTICE OF MOTION,
15 MOTION AND APPLICATION FOR
WILLIAMS BROADCASTING (1) TEMPORARY RESTRAINING
16 INCORPORATED, ORDER; AND (2) ORDER TO SHOW
CAUSE RE: PRELIMINARY
17 Defendant. INJUNCTION

18
Date of Filing: June 26, 2014
19 Trial Date: Not Set

20

21

22 I, Benjamin P. Smith, declare as follows:

23 1. I am a partner of the law firm of Morgan, Lewis & Bockius LLP, counsel of record

24 for Plaintiff Entercom California LLP (Entercom). I have personal knowledge of the facts set

25 forth herein and if called and sworn as a witness to testify about these facts, I and could and

26 would testify competently thereto.

27 2. I make this declaration in support of Entercoms Application for a Temporary

28 Restraining Order and Order to Show Cause re: Preliminary Injunction. Specifically, I make this
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SMITH DECL ISO TRO
SAN FRANCISCO
1
DB1/ 79871506.1 Case No. 2:14-CV-01523 GEB AC
 Case 2:14-cv-01523-GEB-AC Document 19 Filed 06/27/14 Page 2 of 2

1 declaration to detail Entercom and my offices efforts to give notice of these proceedings to

2 Defendant Williams Broadcasting Incorporated (Williams).

3 3. As detailed in Paragraph 26 of the Declaration of Michael Dash (Docket No. 6), on

4 June 26, 2014, Entercom gave notice to Williams of its intent to pursue a Temporary Restraining

5 Order.

6 4. As detailed in the Certificates of Service filed on June 27, 2014 (Docket Nos. 14

7 and 15), my office served Kevin Hughey via overnight courier and email on June 26, 2014 with

8 Entercoms Complaint and all of the materials filed in conjunction with Entercoms Motion and

9 Application for a Temporary Restraining and Order to Show Cause re: Preliminary Injunction.
10 Mr. Hughey is an attorney with the law firm of Hughey Moenig and has represented Williams in

11 recent negotiations with Entercom.

12 5. I understand that throughout the day on June 27, 2014, representatives from

13 Entercom have been in discussions with Mr. Hughey regarding the dispute between the parties,

14 including the fact that Entercom has initiated these legal proceedings and intends to seek a

15 temporary restraining order on an expedited basis.

16 6. As detailed in the Certificate of Service filed on June 27, 2014, my office served

17 via overnight courier, Entercoms First Amended Complaint and Amended materials relating to

18 Entercoms Motion and Application for a Temporary Restraining and Order to Show Cause re:

19 Preliminary Injunction.
20 7. As of this writing, Williams has not stipulated to a temporary restraining order.

21 8. Should this issue be resolved entirely or should Williams stipulate to a temporary

22 restraining order between now and Monday, June 30th, my office will immediately notify the

23 Court.

24 I declare under penalty of perjury under the laws of the United States that the foregoing is

25 true and correct. Executed this 27th day of June 2014, in San Francisco, California.

26

27 ______/s/__Benjamin P. Smith_________
Benjamin P. Smith
28
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
SMITH DECL ISO TRO
SAN FRANCISCO
2
DB1/ 79871506.1 Case No. 2:14-CV-01523 GEB AC