TradeComet.Com LLC v. Google, Inc.

Filing 26

DECLARATION of Daniel J. Howley in Opposition re: 21 MOTION to Dismiss Based on Lack of Subject Matter Jurisdiction and Improper Venue.. Document filed by TradeComet.Com LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Howley, Daniel)

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TradeComet.Com LLC v. Google, Inc. Doc. 2 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK _______________________________________ : TRADECOMET.COM LLC, : CIVIL ACTION NO. 09-cv-1400(SHS) : Plaintiff : : v. : : GOOGLE INC., : : Defendant : _______________________________________: Declaration of Daniel J. Howley I, Daniel J. Howley, being over 21 years of age, and under penalty of perjury, declare as follows: 1. I am an associate in the law firm of Cadwalader, Wickersham & Taft LLP, which represents the plaintiff, TradeComet.com LLC ("TradeComet") in the above captioned matter. I submit this declaration in support of TradeComet's opposition to Defendant's motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(3). I make this declaration on the basis of personal information. 2. Attached hereto as Exhibit 1 is a true and correct copy o f the AdWords Agreement, dated August 22, 2006, that Google alleges that TradeComet assented to on August 29, 2006 (the "8/29/06 Agreement"); 3. Attached hereto as Exhibit 2 is a true and correct copy of the standard AdWords Agreement, dated April 19, 2005; 4. Attached hereto as Exhibit 3 is a true and correct copy of the standard AdWords Agreement, dated May 23, 2006; 5. Attached hereto as Exhibit 4 is a true and correct copy o f the complaint, dated June 19, 2006, filed by Carl Person against Google in Person v. Google, 06-CV-4683 (S.D.N.Y.); Dockets.Justia.com 6. Attached hereto as Exhibit 5 is a true and correct copy o f Google's Memorandum of Law in Support of Its Motion to Dismiss, dated July 27, 2006, as filed in Person v. Google, 06-CV4683 (S.D.N.Y.); 7. Attached hereto as Exhibit 6 is a true and correct copy o f Google's Reply Memorandum of Law In Support of Its Motion to Dismiss, dated August 31, 2006, as filed in Person v. Google, 06-CV-4683 (S.D.N.Y.); 8. Attached hereto as Exhibit 7 is a true and correct copy (with exhibits) of the Declaration of David DiNucci in Support of Defendant's Motion to Dismiss, dated August 28, 2006, as filed in Person v. Google, 06-CV-4683 (S.D.N.Y.); 9. Attached hereto as Exhibit 8 is a true and correct copy o f email correspondence, dated January 24-25, 2006, between Dan Savage of TradeComet and Tina Parris of Google; 10. Attached hereto as Exhibit 9 is a true and correct copy of an excerpt from the transcript of the March 17, 2009 status conference in above captioned matter; 11. Attached hereto as Exhibit 10 is a true and correct copy of excerpts from the transcript of the April 13, 2009 deposition of Heather Wilburn in the above captioned matter; 12. Attached hereto as Exhibit 11 is a true and correct copy (wit h exhibits) of the Declaration of Heather Wilburn, filed March 31, 2009 in the above captioned matter; 13. Attached hereto as Exhibit 12 is a true and correct copy (wit hout exhibits) of the Declaration of Annie Hsu as filed in Feldman v. Google, No 06-cv-2540 (E.D. Pa.). Date: April 15, 2009 s/ Daniel J. Howley Daniel J. Howley -2-