Wisconsin Interscholastic, et al v. Gannett Company, Incorporated, et al

Filing 27

Original record on appeal filed electronically. Contents of record : 10 vol. of pleadings; 4 sealed documents. [27] [6274580] [10-2627]

Wisconsin Interscholastic, et al v. Gannett Company, Incorporated, et al

Doc. 27 Att. 8

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN ______________________________________________________________________________ WISCONSIN INTERSCHOLASTIC ATHLETIC ASSOCIATION, AMERICAN-HIFI, INC. Plaintiffs, Case No. 09-CV-0155 v. GANNETT CO., INC., and WISCONSIN NEWSPAPER ASSOCIATION, INC., Defendants. ______________________________________________________________________________ DECLARATION OF SARAH C. WALKENHORST IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ______________________________________________________________________________ I, Sarah C. Walkenhorst, am an attorney with the firm of Perkins Coie LLP, counsel for Plaintiffs, Wisconsin Interscholastic Athletic Association ("WIAA") and American-HiFi, Inc. ("WWWY"). I make this declaration in support of Plaintiffs' Opposition to Defendants' Motion for Summary Judgment. I state that the following is true to the best of my knowledge and belief: 1. Attached hereto as Exhibit 1 is a true and correct copy of a 10/29/08 article from

the Post-Crescent (Appleton, Wis.), regarding a WIAA tournament football game held on 10/28/08 between Green Bay Preble High School and Appleton North High School. 2. Attached hereto as Exhibit 2 is a true and correct copy of a 10/29/08 article and

photo from the Post-Crescent (Appleton, Wis.), regarding a WIAA tournament football game held on 10/28/08 between New London High School and Waupaca High School.

Dockets.Justia.com

3.

Attached hereto as Exhibit 3 is a true and correct copy of a 11/2/08 article from

the Post-Crescent (Appleton, Wis.), regarding a WIAA tournament football game held on 11/1/08 between Appleton North High School and Bay Port High School. 4. Attached hereto as Exhibit 4 is a true and correct copy of excerpts from the Post-

Crescent (Appleton, Wis.) of 11/9/08 containing an article regarding a WIAA tournament football game held on 11/1/08 between Appleton North High School and Stevens Point High School and an article and photo regarding a WIAA tournament football game held on 11/1/08 between Kimberly High School and Kaukauna High School. 5. Attached hereto as Exhibit 5 is a true and correct copy of an 11/2/08 article from

the Green Bay Press Gazette, regarding a WIAA tournament football game held on 11/1/08 between Port Washington High School and West DePere High School. 6. Attached hereto as Exhibit 6 is a true and correct copy of excerpts from the

Oshkosh Northwestern of 11/2/2008 containing articles regarding WIAA tournament football games held on 11/1/08 between Oshkosh North High School and Kimberly High School and between Hartland Arrowhead High School and Oshkosh West High School. 7. Attached hereto as Exhibit 7 are true and correct copies (a reduced version and a

close-up copy) of a page from the Post-Crescent (Appleton, Wis.) dated 11/2/08, containing an article and a photo regarding a WIAA tournament football game held on 11/1/08 between Oshkosh North High School and Kimberly High School. 8. Attached hereto as Exhibit 8 is a true and correct copy of postcrescent.com (the

online version of the Post-Crescent (Appleton, Wis.) newspaper) headlines, photos and articles regarding WIAA sports, specifically basketball games, shown along with advertisements.

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Exhibit 8 contains page print-outs of various "layers" of the website showing headlines, links or articles relating to WIAA basketball, and all containing advertisements. For example, the first eight pages of Exhibit 8, with the website address http://www.postcrescent.com/sports listed in the bottom left hand corner, appear when a user clicks on the "sports" option in the menu shown on the print-outs right below the postcrescent.com symbol. A Wisconsin Lottery advertisement appears next to a photo from a WIAA boys basketball game. Exhibit 8 also contains pages printed from the "Varsity" or "Preps" section, indicated by the pages with a http://www.postcrescent.com/Varsity website address at the bottom left; an article from that section, shown on the pages with a website address http://www.postcrescent.com/article/20100127/APC020502/100127077/1009/APC02/West-sLevandoski-buries-two-big-shots; and pages from the "front page" of the website, indicated by pages with the website address http://www.postcrescent.com/apps/pbcs/dll/frontpage. 9. Attached hereto as Exhibit 9 is a true and correct copy of a screen print-out from

jsonline.com (the online version of the Milwaukee Journal Sentinel newspaper), dated February 11, 2010, showing headlines and photos relating to girls and boys WIAA basketball games, along with an advertisement for www.hoboonline.com. 10. Attached hereto as Exhibit 10 is a true and correct copy of a screen print-out from

thenorthwestern.com (the online version of the Oshkosh Northwestern newspaper), dated February 11, 2010, showing headlines and a photo relating to WIAA sports including girls basketball, boys basketball and wrestling, as well as an advertisement for Godiva Chocolatier. 11. Attached hereto as Exhibit 11 is a true and correct copy of a screen print-out from

greenbaypressgazette.com (the online version of the Green Bay Press Gazette newspaper), dated February 11, 2010, showing headlines relating to WIAA sports including boys and girls

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basketball and wrestling, along with ads for Piggly Wiggly, MyJewelryBox.com, Todd Wiese Homeselling Team, and careerbuilder.com. 12. Attached hereto as Exhibit 12 is a true and correct copy of screen print-outs from

postcrescent.com (again, the online version of the Post-Crescent (Appleton, Wis.) newspaper) dated February 11, 2010. These print-outs contain photographic depictions or snapshots of a video that was streaming on the postcrescent.com website showing a WIAA boys basketball game between Little Chute and Winneconne recorded on February 11, 2010. I watched several minutes of the recorded basketball game on the newspaper website. The scores on the snapshots of the game show the advancement of time in the game. The print-outs also show various advertisements that appeared on the webpage next to the video of the game as I was watching the game. As the print-outs also show, there are additional advertisements that run consistently at the top and bottom of the web page as well. 13. Attached hereto as Exhibit 13 is a true and correct copy of an email chain

between Tim Knoeck of When We Were Young Productions and Mike Nicksic, Athletic Director for Marshfield High School, dated November 3, 2009. 14. Attached hereto as Exhibit 14 is a true and correct copy of an email chain

between Tim Knoeck of When We Were Young Productions and Mike Nicksic, Athletic Director for Marshfield High School, dated October 29, 2009. 15. Attached hereto as Exhibit 15 is a true and correct copy of an email from Tim

Knoeck of When We Were Young Productions to Jeff Schreiner, dated November 3, 2009. 16. Attached hereto as Exhibit 16 is a true and correct copy of an email from Tim

Knoeck of When We Were Young Productions to Mr. M. Fink, dated November 10, 2009.

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17.

Attached hereto as Exhibit 17 is a true and correct copy of excerpts from

Gannett's 2008 Annual Report. 18. Attached hereto as Exhibit 18 is a true and correct copy of an excerpt from the

online version of the Green Bay Press Gazette dated September 20, 2008, containing an article about Green Bay West High School and Sheboygan North High School football game, and also containing an ad for the "Presidential Treatment" which appears to be an advertisement for adult entertainment. I declare under penalty of perjury, under the laws of the United States, that the foregoing is true and correct to the best of my knowledge.

Dated this 12th day of February, 2010.

s/ Sarah C. Walkenhorst Sarah C. Walkenhorst

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