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

Filing 23

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 James Hofbauer filed byInnovative Interfaces, Inc., SkyRiver Technology Solutions, LLC. (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. 23 1 2 3 4 5 6 7 8 9 10 SHARTSIS FRIESE LLP ONE MARITIME PLAZA EIGHTEENTH FLOOR SAN FRANCISCO, CA 9 41 11 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 1003305 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 JAMES HOFBAUER 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 JAMES HOFBAUER 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, JAMES HOFBAUER, declare: 1. I am the Executive Vice President and CFO of Plaintiff Innovative Interfaces, Inc. ("Innovative"), a California corporation. I have personal knowledge of the facts set forth herein and if sworn to testify would and could competently testify thereto. 2. Innovative has its headquarters in Emeryville, California, and has been in business for almost 30 years. All corporate and transactional records and related documents, software and servers are maintained in Emeryville at its corporate headquarters. I have personal knowledge of the conduct and events described in the Complaint that have harmed Innovative. 3. Innovative has been in discussions with several representatives of statewide management of the University of California ("UC"), whose principal offices are located in Oakland, California, concerning the installation and use of OCLC's product known as WorldCat Local as a replacement for a "next generation" of UC's Melvyl Catalog. This OCLC commercial product was developed with the assistance of many UC resources, including librarians at several UC campuses, without competitive bidding and without following required procurement practices because, UC officials have stated, such assistance was an obligation of OCLC membership. Several librarians and executives at UC are critical witnesses in this case and are identified in Exhibit A of Ms. Straus's Declaration. 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/ James Hofbauer JAMES HOFBAUER 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. C 1003305 JSW -1DECLARATION OF JAMES HOFBAUER 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 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\1673253.1 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 1003305 JSW -2DECLARATION OF JAMES HOFBAUER IN OPPOSITION TO DEFENDANT'S MOTION TO TRANSFER