Perfect 10 Inc v. Google Inc et al

Filing 547

PERFECT 10'S OBJECTIONS TO EVIDENCE: SECOND SUPPLEMENTAL DECLARATION OF RACHEL HERRICK KASSABIAN IN SUPPORT OF GOOGLE'S MOTION TO COMPEL PERFECT 10 TO AFFIX DOCUMENT CONTROL NUMBERS TO ITS DOCUMENT PRODUCTION ("SECOND SUPPLEMENTAL KASSABIAN DECL.") (DOCKET NO. 543-2) re: MOTION to Compel Perfect 10, Inc. to Produce Documents, Comply with the Protective Order, and Affix Document Control Numbers to its Document Productions #407 This document is to be linked to Docket Number 543-2 filed by Plaintiff Perfect 10 Inc. (Mausner, Jeffrey)

Perfect 10 Inc v. Google Inc et al

Doc. 547

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Jeffrey N. Mausner (State Bar No. 122385) Law Offices of Jeffrey N. Mausner Warner Center Towers 21800 Oxnard Street, Suite 910 Woodland Hills, California 91367-3640 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff Perfect 10, Inc. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA PERFECT 10, INC., a California corporation, Plaintiff, v. Case No. CV 04-9484 AHM (SHx) Consolidated with Case No. CV 05-4753 AHM (SHx) DISCOVERY MOTION

PERFECT 10'S OBJECTIONS TO EVIDENCE: SECOND GOOGLE, INC., a corporation; SUPPLEMENTAL DECLARATION and DOES 1 through 100, OF RACHEL HERRICK KASSABIAN inclusive, IN SUPPORT OF GOOGLE'S MOTION TO COMPEL PERFECT 10 Defendant. ____________________________ TO AFFIX DOCUMENT CONTROL NUMBERS TO ITS DOCUMENT AND CONSOLIDATED CASE. PRODUCTION ("SECOND SUPPLEMENTAL KASSABIAN DECL.") (DOCKET NO. 543-2) BEFORE JUDGE HILLMAN Date: None Set (taken under submission) Time: None Set Place: Courtroom 550, Courtroom of the Honorable A. Howard Matz Discovery Cut-Off Date: None Set Pretrial Conference Date: None Set Trial Date: None Set
Objections to Supplemental Declaration of Rachel Herrick Kassabian
Dockets.Justia.com

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Plaintiff Perfect 10, Inc. ("Perfect 10") submits the following objections to the Second Supplemental Declaration of Rachel Herrick Kassabian In Support Of Google's Motion to Compel Perfect 10 To Affix Document Control Numbers To Its Document Production ("Second Supplemental Kassabian Decl.") (Docket No. 543-2). The Second Supplemental Kassabian Declaration is objectionable for many reasons, and should be entirely disregarded. Ms. Kassabian's Second Supplemental Declaration attaches a copy of a disk as Exhibit 1. (Perfect 10 has not yet received a copy of this disk.) Ms. Kassabian does not state the origin of the disk, how it was created, or who created it. Statements regarding the disk and the disk itself lack foundation and appear to be outside the witness' personal knowledge. Federal Rules of Evidence (FRE) 602. Because the disk is not properly authenticated, it is inadmissible. FRE 901. Any reference to Exhhibit 1 is inadmissible because it is based upon hearsay testimony by Ms. Kassabian. FRE 801-804. Additionally, creation of the disk may require testimony of an expert witness with the scientific, technical, or other specialized knowledge, skill, experience, training, or education. Ms. Kassabian fails to establish how the disk was created and thus it is unknown if expert testimony may be required. FRE 701, 702. Ms. Kassabian attaches, as Exhibit 2, the purported transcript of a television show. The statements made in the television show are irrelevant, hearsay, not statements of Dr. Zada (and as set forth in the Zada Supplemental Declaration and the attached email from the host of the show, Joan Rivers, not even close to true), lack foundation and personal knowledge, prejudicial, confusing, and a waste of time. FRE 401-402,403, 602, 801-804. For the foregoing reasons, Perfect 10 objects to the declaration in its entirety and requests that the Court disregard the entire declaration and exhibits. -1-

Objections to Supplemental Declaration of Rachel Herrick Kassabian

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Dated: October 1, 2009

Respectfully submitted, Law Offices of Jeffrey N. Mausner Jeffrey N. Mausner By: ________________________________ Jeffrey N. Mausner Attorney for Plaintiff Perfect 10, Inc.

Objections to Supplemental Declaration of Rachel Herrick Kassabian

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