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

Filing 22

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 Leslie Straus filed byInnovative Interfaces, Inc., SkyRiver Technology Solutions, LLC. (Attachments: # 1 Exhibit Exhibits A-B)(Related document(s) 16 ) (Shartsis, Mary) (Filed on 9/27/2010) [Transferred from California Northern on 11/12/2010.]

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SkyRiver Technology Solutions, LLC et al v. OCLC Online Computer Library Center, Inc. Doc. 22 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 LESLIE STRAUS 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 LESLIE STRAUS 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 MARITIM E PLAZA EIGHTEENTH FLOOR SAN FRANCISCO, CA 9 4111 I, LESLIE STRAUS, declare: 1. I am the President of Plaintiff SkyRiver Technology Solutions, LLC ("SkyRiver"), a California limited liability company. I have personal knowledge of the facts set forth herein and if sworn to testify would and could competently testify thereto. 2. SkyRiver has had its headquarters in Emeryville, California, since it was organized as a California limited liability company in 2009. All corporate and transactional records and related documents, software and servers are maintained in Emeryville at its headquarters. I have personal knowledge of the conduct and events described in the Complaint that have harmed SkyRiver. 3. Exhibit A is a list of witnesses who are knowledgeable about the conduct of OCLC 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 described in the Complaint and the anticompetitive effects of that conduct on libraries and on SkyRiver. I have prepared this list of witnesses in consultation with executives and employees of SkyRiver and Innovative Interfaces, Inc. ("Innovative") who have knowledge of the facts underlying the claims asserted in the Complaint. The testimony of the witnesses listed is material to the claims of both SkyRiver and Innovative. Other witnesses, including specific representatives of some libraries, have not yet been identified by name. 4. I have reviewed the Declaration of Bruce Crocco and OCLC's Motion to Transfer Venue and Memorandum in Support of the Motion. Mr. Crocco identifies three witnesses at Michigan State University ("MSU") whose treatment by OCLC caused harm to MSU and has caused wide ranging harm to SkyRiver. Each of these witnesses was contacted by telephone-- Cliff Haka, Nancy Fleck and Colleen Hyslop--and asked whether he or she would be willing to appear at trial in San Francisco, California. All said that they were willing to testify in San Francisco and then emailed their confirmations. attached hereto as Exhibit B. 5. Mr. Crocco has not identified any SkyRiver or Innovative witnesses on his witness A copy of each witness's confirmation is list. The SkyRiver and Innovative employees and executives who have evidence regarding the claims alleged, and are expected to testify at trial, are identified on Exhibit A. 6. Case No. C 10-03305 JSW OCLC's treatment of MSU and California State University, Long Beach ("CSU -1DECLARATION OF LESLIE STRAUS IN OPPOSITION TO DEFENDANT'S MOTION TO TRANSFER 1 2 3 4 5 6 7 8 9 10 SHARTSIS FRIESE LLP ONE MARITIM E PLAZA EIGHTEENTH FLOOR SAN FRANCISCO, CA 9 4111 Long Beach") has affected libraries throughout the State of California, including CSU Chico and CSU San Jose (and libraries throughout the United States). OCLC's punitive price quotations and the uncertainty it has created over the availability of interlibrary lending have resulted in many libraries being forced to continue with OCLC's higher priced cataloging service instead of taking advantage of SkyRiver's lower cost service. 7. Mr. Crocco does not identify any witnesses in California whose testimony will be important to the claims asserted, even though he acknowledges that OCLC's treatment of CSU Long Beach is one of the significant events alleged in the Complaint. The University Librarian at CSU Long Beach and other CSU witnesses have relevant and material testimony that will be critical at trial and are identified on Exhibit A. 8. The travel time noted on Exhibit A was derived from the Apollo General 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Reservations System, a well-known resource used by major airlines. The information was provided by the company's travel coordinator at my request. Travel time is estimated for oneway travel on the basis of the longer time whether flying from Ohio or to Ohio or from San Francisco or to San Francisco without taking into account travel time to or from the airport, unless that time exceeds 1 hour. 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 By: /s/ Leslie Straus LESLIE STRAUS ATTESTATION PURSUANT TO GENERAL ORDER 45 X(B) The ECF registered attorney, by virtue of his/her electronic filing of this document, attests that in concurrence with the filing of this document, original signatures have been obtained from each of the signatories named herein. DATED: September 27, 2010 5556\005\1673256.2 By: /s/ Mary Jo Shartsis MARY JO SHARTSIS Case No. C 10-03305 JSW -2DECLARATION OF LESLIE STRAUS IN OPPOSITION TO DEFENDANT'S MOTION TO TRANSFER