Perfect 10 Inc v. Google Inc et al

Filing 661

DECLARATION of WENDY AUGUSTINE IN OPPOSITION TO MOTION for Order for Document Preservation to Prevent Further Spoliation of Evidence by Perfect 10, Inc. #654 DECLARATION OF WENDY AUGUSTINE IN SUPPORT OF PERFECT 10, INC.'S PORTIONS OF THE JOINT STIPULATION REGARDING GOOGLE'S MOTION FOR A DOCUMENT PRESERVATION ORDER, AND IN SUPPORT OF PERFECT 10'S MOTION FOR A DOCUMENT PRESERVATION ORDER 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 91367-3640 Email: [e-mail] Telephone: [phone] Facsimile: [phone] 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 054753 AHM (SHx) Before Honorable Stephen J. Hillman

DECLARATION OF WENDY AUGUSTINE IN SUPPORT OF GOOGLE, INC., a corporation; and PERFECT 10, INC.'S PORTIONS DOES 1 through 100, inclusive, OF THE JOINT STIPULATION REGARDING GOOGLE'S MOTION Defendant. ______________________________ FOR A DOCUMENT PRESERVATION ORDER, AND IN AND CONSOLIDATED CASE. SUPPORT OF PERFECT 10'S MOTION FOR A DOCUMENT PRESERVATION ORDER Date: January 11, 2010 Time: 2 P.M. Place: Courtroom 550, Courtroom of the Honorable Stephen J. Hillman Discovery Cut-Off Date: None Set Pretrial Conference Date: None Set Trial Date: None Set

Declaration of Wendy Augustine In Support Of Perfect 10, Inc.'s Portions Of The Joint Regarding Google's Motion For A Document Preservation Order, And In Support Of Perfect 10's Motion For A Document Preservation Order

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DECLARATION OF WENDY AUGUSTINE I, Wendy L. Augustine, declare as follows: I am employed by Perfect 10, Inc. Except where otherwise stated, I have direct and personal knowledge of the facts set for herein, and if called as a witness, could and would competently testify thereto. 2. Sometime in the fall of 2008, I had a very serious problem with my computer that I believe was due to a virus. My computer screen went blank and my computer would not function at all. The computer needed to be completely redone. As a result, I lost everything on my hard drive, including all my email. 3. Prior to my computer breaking down in 2008, to the best of my recollection, my computer saved emails. I believe this to be true because I remember reviewing old emails on that machine. 4. 5. Because of continuing problems with that computer, Perfect 10 Immediately after my deposition, when Google appeared to be purchased a new one for me in or about August of 2009. concerned about preservation of my emails, I instructed a computer technician to set-up the new computer so that emails automatically save, and those emails are backed-up. With regard to my old computer, I instructed that technician to try to save all emails and to look for any emails that he could find anywhere. The technician was able to retrieve emails dated September 17, 2008 and after from my in box. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct to the best of my knowledge. Executed this 10th day of December 2009 in Los Angeles County, California. ___________________________ WENDY L. AUGUSTINE
Declaration of Wendy Augustine In Support Of Perfect 10, Inc.'s Portions Of The Joint Regarding Google's Motion For A Document Preservation Order, And In Support Of Perfect 10's Motion For A Document Preservation Order

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