SkyRiver Technology Solutions, LLC et al v. OCLC Online Computer Library Center, Inc.

Filing 21

DECLARATION in Opposition to 16 MOTION to Transfer Case Defendant's Notice of Motion and Motion; Memorandum of Points and Authoriies in Support of Motion to Transfer Venue MOTION to Change Venue Declaration of Mary Jo Shartsis filed byInnovative Interfaces, Inc., SkyRiver Technology Solutions, LLC. (Attachments: # 1 Exhibit Exhibits A-E)(Related document(s) 16 ) (Shartsis, Mary) (Filed on 9/27/2010) [Transferred from California Northern on 11/12/2010.]

SkyRiver Technology Solutions, LLC et al v. OCLC Online Computer Library Center, Inc. Doc. 21 1 2 3 4 5 6 7 8 9 10 SHARTSIS FRIESE LLP ONE MARITIME PLAZA EIGHTEENTH FLOOR SAN FRANCISCO, CA 9 4111 SHARTSIS FRIESE LLP ARTHUR J. SHARTSIS (Bar #51549) ashartsis@sflaw.com MARY JO SHARTSIS (Bar #55194) mjshartsis@sflaw.com ROBERT E. SCHABERG (Bar #81430) rschaberg@sflaw.com SIMONE M. KATZ-O'NEILL (Bar #246490) skatz@sflaw.com One Maritime Plaza, Eighteenth Floor San Francisco, CA 94111 Telephone: (415) 421-6500 Facsimile: (415) 421-2922 Attorneys for Plaintiffs SKYRIVER TECHNOLOGY SOLUTIONS, LLC and INNOVATIVE INTERFACES, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. C 10-03305 JSW SKYRIVER TECHNOLOGY SOLUTIONS, LLC, a California limited liability company, and INNOVATIVE INTERFACES, INC., a California corporation, Plaintiffs, v. OCLC ONLINE COMPUTER LIBRARY CENTER, INC., an Ohio corporation, Defendant. Case No. C 10-03305 JSW DECLARATION OF MARY JO SHARTSIS IN OPPOSITION TO DEFENDANT'S MOTION TO TRANSFER VENUE TO THE SOUTHERN DISTRICT OF OHIO Date: Time: Judge: Crtrm: October 29, 2010 9:00 a.m. Hon. Jeffrey S. White 11, 19th Floor July 28, 2010 None Complaint Filed: Trial Date: DECLARATION OF MARY JO SHARTSIS IN OPPOSITION TO DEFENDANT'S MOTION TO TRANSFER Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 SHARTSIS FRIESE LLP ONE MARITIME PLAZA EIGHTEENTH FLOOR SAN FRANCISCO, CA 9 4111 I, MARY JO SHARTSIS, declare: 1. I am a member of Shartsis Friese LLP, attorneys of record for Plaintiffs SkyRiver Technology Solutions, LLC And Innovative Interfaces, Inc. (collectively "Plaintiffs"), and am duly authorized to practice law in the State of California. I have personal knowledge of the facts set forth herein and if sworn to testify would and could competently testify thereto. 2. Attached hereto as Exhibit A are true and correct copies of OCLC's Articles of Incorporation, Governance statement, Board of Trustees information and other relevant documents concerning governance obtained from its website at www.oclc.org. These documents show that OCLC's Board of Trustees establishes OCLC's policies and strategic goals. Further information regarding each member of the Board of Trustees is available from OCLC's website, which indicates that David P. Lauer is the only Trustee residing in Ohio. 3. Attached hereto as Exhibit B are true and correct copies of OCLC's WorldCat use 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and transfer policy now known as "WorldCat Rights and Responsibilities for the OCLC Cooperative," effective August 1, 2010, and related documents, including the members of the review committee, obtained from OCLC's website at www.oclc.org. Brian E.C. Schottlaender, University Librarian at the University of California at San Diego, served on the review committee and has been elected to the Board of Trustees according to OCLC's website. See Exhibit A. 4. Attached hereto as Exhibit C is a true and correct copy of OCLC's office locations obtained from its website at www.oclc.org. 5. Attached hereto as Exhibit D is a true and correct copy of the Supreme Court of Ohio's decision regarding OCLC's nonprofit exemption from Ohio property taxes, OCLC Online Computer Library Center, Inc. v. Kinney, Commissioner, 11 Ohio St. 3d 198, 464 N.E. 2d 572; 1984 Ohio LEXIS 1136. 6. Attached hereto as Exhibit E is a chart derived from Judicial Caseload Profiles through September 30, 2009 comparing Civil Filings By Year for the Northern District of California and the Southern District of Ohio for the period 2004 through 2009. Plaintiffs have separately requested that the Court take judicial notice of the underlying statistics published by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary, Case No. C 10-03305 JSW -1DECLARATION OF MARY JO SHARTSIS IN OPPOSITION TO DEFENDANT'S MOTION TO TRANSFER 1 2 3 4 5 6 7 8 9 10 SHARTSIS FRIESE LLP ONE MARITIME PLAZA EIGHTEENTH FLOOR SAN FRANCISCO, CA 9 4111 http://www.uscourts.gov/Statistics/FederalCourtManagementStatistics.aspx. Plaintiffs' Request for Judicial Notice, Exhs. B and C. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATED: September 27, 2010 5556\005\1673243.1 By: /s/ Mary Jo Shartsis MARY JO SHARTSIS 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. C 10-03305 JSW -2DECLARATION OF MARY JO SHARTSIS IN OPPOSITION TO DEFENDANT'S MOTION TO TRANSFER