Perfect 10 Inc v. Google Inc et al

Filing 618

DECLARATION of JEFFREY N. MAUSNER IN SUPPORT OF MOTION for Sanctions Against DEFENDANT GOOGLE, INC. - NOTICE OF MOTION AND MOTION OF PLAINTIFF PERFECT 10, INC. FOR EVIDENTIARY AND OTHER SANCTIONS AGAINST DEFENDANT GOOGLE, INC. AND/OR FOR THE APPOINTMENT OF A SPECIAL MASTER #617 filed by Plaintiff Perfect 10 Inc. (Mausner, Jeffrey)

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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 Email: [e-mail] Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA PERFECT 10, INC., a California corporation, v. Plaintiff, Case No. CV 04-9484 AHM (SHx) Consolidated with Case No. CV 05-4753 AHM (SHx) Before Judge A. Howard Matz DECLARATION OF JEFFREY N. MAUSNER IN SUPPORT OF PERFECT 10'S MOTION FOR EVIDENTIARY AND OTHER SANCTIONS AGAINST GOOGLE, AND/OR FOR THE APPOINTMENT OF A SPECIAL MASTER Date: December 21, 2009 Time: 10 A.M. Place: Courtroom 14, Courtroom of the Honorable A. Howard Matz Discovery Cut-Off Date: None Set Pretrial Conference Date: None Set Trial Date: None Set

GOOGLE INC., a corporation, Defendants.

AND CONSOLIDATED CASE.

Declaration of Jeffrey N. Mausner In Support of Perfect 10's Motion for Evidentiary and Other Sanctions Against Google, and/or For the Appointment of a Special Master

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DECLARATION OF JEFFREY N. MAUSNER I, Jeffrey N. Mausner, declare as follows: I am a member of the State Bar of California and admitted to practice before this Court. I am counsel of record for Plaintiff Perfect 10, Inc. ("Perfect 10") in this action. All of the matters stated herein are of my own personal knowledge, except where otherwise stated, and if called as a witness, I could and would testify competently thereto. 2. Attached hereto as Exhibit A is a true and correct copy of Plaintiff's First Set of Requests for the Production of Documents to Google, which was served on Google on or about March 4, 2005. Portions have been highlighted for ease of reference. 3. Attached hereto as Exhibit B is a true and correct copy of portions of Defendant Google Inc.'s Response to Plaintiff's First Set of Requests for the Production of Documents, which was served on Perfect 10 on or about April 18, 2005. Portions have been highlighted for ease of reference. 4. Attached hereto as Exhibit C is a true and correct copy of portions of Defendant Google Inc.'s Response to Plaintiff's Third Set of Requests for Admissions, which was served on Perfect 10 on or about May 27, 2005. Portions have been highlighted for ease of reference. 5. Attached hereto as Exhibit D is a true and correct copy of the Order Re Perfect 10's Motion to Compel Defendant Google, Inc. to Produce Documents and to Answer Interrogatories, signed by Magistrate Judge Stephen J. Hillman and filed in this action on May 22, 2006, Docket No. 163 (the "May 22, 2006 Order"). Portions have been highlighted for ease of reference. 6. Attached hereto as Exhibit E is a true and correct copy of portions of Plaintiff's Fifth Set of Requests for the Production of Documents to Defendant Google, Inc., which was served on Google on January 18, 2007. Portions have been highlighted for ease of reference.
Declaration of Jeffrey N. Mausner In Support of Perfect 10's Motion for Evidentiary and Other Sanctions Against Google, and/or For the Appointment of a Special Master

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7.

Attached hereto as Exhibit F is a true and correct copy of portions of

Defendant Google Inc.'s Responses and Objections to Plaintiff's Fifth Set of Requests for the Production of Documents, which was served on Perfect 10 on or about February 23, 2007. Portions have been highlighted for ease of reference. 8. Attached hereto as Exhibit G is a true and correct copy of Magistrate Judge Hillman's Order Re Perfect 10's Motion to Compel Defendant Google Inc. to Produce Documents, dated February 22, 2008, Docket No. 254. Portions have been highlighted for ease of reference. 9. Attached hereto as Exhibit H is a true and correct copy of portions of Google Inc.'s Objections to the Magistrate Judge's Order of February 22, 20