Trafficschool.com.Inc v. Drivers Ed Direct LLC

Filing 272

DECLARATION of Mina I. Hamilton in Support of Opposition to EX PARTE APPLICATION to Continue Hearing from 1-26-09 Re: MOTION for Contempt against Defendants Edriver, Inc., Online Guru, Inc., Find my Specialist, Inc., Seriousnet, Inc., Ravi K. Lahoti, and Raj Lahoti 261 EX PARTE APPLICATION to Continue Hearing from 1-26-09 Re: MOTION for Contempt against Defendants Edriver, Inc., Online Guru, Inc., Find my Specialist, Inc., Seriousnet, Inc., Ravi K. Lahoti, and Raj Lahoti 261 269 filed by Plaintiffs Trafficschool.com.Inc, Drivers Ed Direct LLC. (Attachments: # 1 Exhibits A-D)(Hamilton, Mina)

Trafficschool.com.Inc v. Drivers Ed Direct LLC

Doc. 272

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DA VID N. MAKOUS (State Bar # 082409) mako u s @lb b s law.co m DANIEL C. DECARLO (State Bar # 160307) d ecarlo @lb b s law.co m M INA I. HAMILTON (State Bar # 213917) h amilt o n @lb b s law.co m LEWIS BRISBOIS BISGAARD & SMITH LLP 221 North Figueroa Street, Suite 1200 Lo s Angeles, California 90012-2601 Telep h o n e: [phone] Facs imile: [phone]

A t t o rn ey s for Plaintiffs TRA FFICSCHOOL.COM , INC. and 8 DRIVERS ED DIRECT, LLC, California companies.
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LLP

UNITED STATES DISTRICT COURT CENTRA L DISTRICT OF CALIFORNIA

LEW I S BRISBOIS BISGAARD & SMITH

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221 NORTH FIGUEROA STREET, SUITE 1200 LO S ANGELES, CALIFORNIA 90012-2601 T ELEPHO NE [phone]

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TRA FFICSCHOOL.COM , INC., a California corporation; DRIVERS ED DIRECT, LLC, a California limited liab ilit y company, Plain t iffs ,

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vs .
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EDRIVER, INC., a California co rp o rat io n ; ONLINE GURU, INC., FIND MY SPECIALIST, INC., and SERIOUSNET, INC., California co rp o rat io n s ; RAVI K. LAHOTI, an in d iv id u al; RAJ LAHOTI, an in d iv id u al; and DOES 1 through 10, Defen d an t s .

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Cas e No. CV 06-7561 PA (CWx) Th e Honorable Percy Anderson DECLARATION OF MINA I. HA M ILTON IN SUPPORT OF OPPOSITION TO EX PARTE A PPLICA TION FOR ORDER CONTINUING HEARING ON MOTION FOR CONTEMPT

DECLARATION OF MINA I. HAMILTON IN SUP P O RT OF OP P O SITIO N TO EX P A RTE AP P L ICA TIO N BY D E FE N D A N TS TO CONTINUE HEARING DATE FOR MOTION FOR CONTEMP T

Dockets.Justia.com

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LLP

DECLARATION OF MINA I. HAMILTON I, Mina I. Hamilton, declare as follows: 1. I am a partner at Lewis Bris b o i s Bis g a a rd & Smith LLP, counsel for

T r afficSch o o l.co m, Inc. and Drivers Ed Direct, LLC. If called herein as a witness I co u ld testify competently to the following: 2. Att ach ed hereto as Exhibit A is a true and correct copy of an email that

I sent to Mr. Daucher on January 6, 2009 agreeing to a one week continuance o f t h e h earin g date and requesting that he prepare a stipulation regarding same. 3. A t t ach ed h e ret o as Exhibit B is a true and correct copy of a screen shot

o f Defendants' website that appeared after the Court issued its Final Injunction, s h o win g the disclaimers removed from the website after the splash screen was in s t it u t ed . Th i s is the same exhibit that was submitted with my declaration in support o f the opposition to Defendants' req u es t for a stay of the injunction, Docket # 222-2. 4. In Defendants' Reply to their motion to stay the Injunction, Docket #259,

LEW I S BRISBOIS BISGAARD & SMITH

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221 NORTH FIGUEROA STREET, SUITE 1200 LO S ANGELES, CALIFORNIA 90012-2601 T ELEPHO NE [phone]

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a true and correct copy of the relevant portion which is attached hereto as Exhibit C, Defen d an t s state: "However, upon launching t h e s p las h page, Defendants temporarily remo v ed their proactive measures from the site, an d Defen d an t s began receiving emails in which visitors included their personal information." [pg. 2: lines 24-28.] 5. On or about October 28, 2008, Plaintiffs ' were informed that Defendants

h ad new counsel associating in the case, namely Mr. Andrew Serwin. Attached hereto as Exhibit D is a true and correct copy of an email sen t b y Plaintiffs' counsel to Mr. Serwin outlining the contempt issues and stating that they remained "unresolved" and t h at Plaintiffs' still intended to file a motion shortly. I declare under p e n a l t y of perjury under the laws of the United States that the fo reg o in g is true and correct, and that this declaration is executed on this 6th day of Jan u ary , 2009 at Los Angeles, California. /s / Mina I. Hamilton
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DECLARATION OF MINA I. HAMILTON IN SUP P O RT OF OP P O SITIO N TO EX P A RTE AP P L ICA TIO N BY D E FE N D A N TS TO CONTINUE HEARING DATE FOR MOTION FOR CONTEMP T