Hepting et al v. AT&T Corp. et al

Filing 179

Declaration of James S. Tyre in Support of 174 Memorandum in Opposition [CORRECTED] Declaration of James S. Tyre in Support of Plaintiffs' Opposition to Defendant AT&T Inc.'s Motion to Dismiss Amended Complaint filed byGregory Hicks, Erik Knutzen, Tash Hepting, Carolyn Jewel. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q# 18 Exhibit R# 19 Exhibit S# 20 Exhibit T# 21 Exhibit U# 22 Exhibit V# 23 Exhibit W# 24 Exhibit X# 25 Exhibit Y# 26 Exhibit Z)(Related document(s) 174 ) (Morris, Maria) (Filed on 6/6/2006)

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Hepting et al v. AT&T Corp. et al Doc. 179 1 ELECTRONIC FRONTIER FOUNDATION CINDY COHN (145997) 2 cindy@eff.org LEE TIEN (148216) 3 tien@eff.org KURT OPSAHL (191303) 4 kurt@eff.org KEVIN S. BANKSTON (217026) 5 bankston@eff.org CORYNNE MCSHERRY (221504) 6 corynne@eff.org JAMES S. TYRE (083117) 7 jstyre@eff.org 454 Shotwell Street 8 San Francisco, CA 94110 Telephone: 415/436-9333 9 415/436-9993 (fax) 10 Attorneys for Plaintiffs 11 12 TRABER & VOORHEES BERT VOORHEES (137623) bv@tvlegal.com THERESA M. TRABER (116305) tmt@tvlegal.com 128 North Fair Oaks Avenue, Suite 204 Pasadena, CA 91103 Telephone: 626/585-9611 626/ 577-7079 (fax) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA No. C-06-00672-VRW CLASS ACTION [CORRECTED] DECLARATION OF JAMES S. TYRE IN SUPPORT OF PLAINTIFFS' OPPOSITION TO AT&T INC.'S MOTION TO DISMISS AMENDED COMPLAINT DATE: TIME: COURTROOM: June 23, 2006 9:30 a.m. Hon. Vaughn Walker 13 TASH HEPTING, GREGORY HICKS, ) CAROLYN JEWEL and ERIK KNUTZEN, on ) 14 Behalf of Themselves and All Others Similarly ) Situated, ) 15 ) Plaintiffs, ) 16 ) vs. ) 17 ) AT&T CORP., et al. ) 18 ) Defendants. ) 19 ) 20 21 22 23 24 25 26 27 28 Dockets.Justia.com 1 2 I, JAMES S. TYRE, hereby declare: 1. I am an attorney at law licensed to practice before all California courts and am a 3 member of the bar of this Court. I am one of the attorneys of record for plaintiffs in this action. I 4 state all facts herein of my own first hand personal knowledge, and if called as a witness, I could and 5 would competently testify thereto. 6 2. Cal-Access, located at http://cal-access.ss.ca.gov/, is a web site maintained by the Among other things, one can research California lobbying 7 California Secretary of State. 8 expenditures at the site, and access documents filed by those spending lobbying money in California. 9 Attached hereto as Exhibit A and incorporated herein by reference is a true and correct copy of the 10 Cal-Access report of lobbying activity (as of May 19, 2006) of "AT&T Inc. and its Affiliates," for 11 the first five quarters of the 2005 2006 California Legislative Session (January 1, 2005 through 12 March 31, 2006). 13 3. Apparently, one cannot link permanently to Cal-Access search results. To get to the 14 page represented by Exhibit A, start at http://cal-access.ss.ca.gov/. On the left side, click on 15 "Lobbying Activity," then "Lobbyist Employers." Scroll down to "AT&T Inc. and its Affiliates," 16 click on that link. Towards the top of the page that will be displayed it says "View." Tick the 17 "Financial Activity/Filing History" button. The page that will be displayed will be that represented 18 by Exhibit A (subject to new information, if any, that may have been added subsequent to when I 19 printed Exhibit A). 20 4. The first section of Exhibit A, "Lobbying Payments Made," is a summary of lobbying 21 expenditures by the lobbyist employer, based on reports by the lobbyist employer required by the 22 California Government Code. The second section, "Bills and Agencies Lobbied," shows where the 23 lobbyist employer directed its efforts, again based on the lobbyist employer reports. The third 24 section, "Electronic Filings," lists and provides active hyperlinks to the reports filed by the lobbyist 25 employer. 26 5. Attached hereto as Exhibit B and incorporated here by reference is a true and correct 27 copy of AT&T's amended "Lobbyist Employer Registration Statement," filed May 17, 2006. As of 28 May 19, 2006 that is the top listed document in the "Electronic Filings" section of Exhibit A, and the [CORRECTED] DECLARATION OF JAMES S. TYRE IN SUPPORT OF PLAINTIFFS' OPPOSITION TO AT&T INC.'S MOTION TO DISMISS AMENDED COMPLAINT - C-06-00672-VRW -1- 1 document was accessed by clicking on the hyperlink to the document on the Secretary of State's web 2 page. Attached hereto as Exhibit C and incorporated here by reference is a true and correct copy of 3 AT&T's "Lobbying Firm Activity Authorization," filed May 9, 2006. As of May 19, 2006 that is 4 the second listed document in the "Electronic Filings" section of Exhibit A, and the document was 5 accessed by clicking on the hyperlink to the document on the Secretary of State's web page. 6 Attached hereto as Exhibit D and incorporated here by reference is a true and correct copy of 7 AT&T's "Report of Lobbyist Employer," filed May 1, 2006 for the reporting period January 1, 2006 8 through March 31, 2006. As of May 19, 2006 that is the third listed document in the "Electronic 9 Filings" section of Exhibit A, and the document was accessed by clicking on the hyperlink to the 10 document on the Secretary of State's web page. Attached hereto as Exhibit E and incorporated here 11 by reference is a true and correct copy of AT&T's "Report of Lobbyist Employer," filed January 31, 12 2006 for the reporting period October 1, 2005 through December 31, 2005. As of May 19, 2006 that 13 is the fourth listed document in the "Electronic Filings" section of Exhibit A, and the document was 14 accessed by clicking on the hyperlink to the document on the Secretary of State's web page. 15 6. AT&T makes available on its web site, www.att.com (which redirects to 16 http://att.sbc.com/gen/landing-pages?pid=3308), its current and historical (to the beginning of 1996) 17 news releases. All of the news releases referenced below were obtained from AT&T's website at the 18 specified web page addresses. 19 7. Though one cannot link permanently to the web page represented by Exhibit A 20 hereto, the expenditures listed therein are derived from AT&T's five most recent quarterly reports. 21 Exhibits D and E hereto are the two most recent. Each of the other three is accessible from and 22 linked to the web page represented by Exhibit A. 23 8. Attached hereto as Exhibit F is a true and correct copy of an AT&T news release 24 dated January 5, 2006, titled Ken Mcneely Appointed President-External Affairs for AT&T 25 California, at http://att.sbc.com/gen/press-room?pid=4800&cdvn=news&newsarticleid=22019. 26 9. Attached hereto as Exhibit G is a true and correct copy of an AT&T news release 27 dated March 6, 2006, titled Angels Fans: What's Your Excuse? AT&T Opening Day of Program 28 [CORRECTED] DECLARATION OF JAMES S. TYRE IN SUPPORT OF PLAINTIFFS' OPPOSITION TO AT&T INC.'S MOTION TO DISMISS AMENDED COMPLAINT - C-06-00672-VRW -2- 1 Provides Fans with a Chance to Win Game Tickets and Prizes, at http://att.sbc.com/gen/press2 room?pid=4800&cdvn=news&newsarticleid=22143. 3 10. Attached hereto as Exhibit H is a true and correct copy of an AT&T news release 4 dated March 9, 2006, titled AT&T Announces New Data Services Contract with the City of Folsom, 5 at http://att.sbc.com/gen/press-room?pid=4800&cdvn=news&newsarticleid=22156. 6 11. Attached hereto as Exhibit I is a true and correct copy of an AT&T news release 7 dated March 15, 2006, titled AT&T Announces New Contract with the Daughters of Charity Health 8 System, at http://att.sbc.com/gen/press-room?pid=4800&cdvn=news&newsarticleid=22168. 9 12. Attached hereto as Exhibit J is a true and correct copy of an AT&T news release 10 dated April 3, 2006, titled AT&T Secures New Seven-Year Contract with Irvine Unified School 11 District, at http://att.sbc.com/gen/press-room?pid=4800&cdvn=news&newsarticleid=22193. 12 13. Attached hereto as Exhibit K is a true and correct copy of an AT&T news release 13 dated April 10, 2006, titled AT&T Introduces In-Home Tech Support to Help Consumers with 14 Virtually All Home PC and Networking Needs, at http://att.sbc.com/gen/press- 15 room?pid=4800&cdvn=news&newsarticleid=22210. 16 14. Attached hereto as Exhibit L is a true and correct copy of an AT&T news release 17 dated April 12, 2006, titled AT&T Announces New Contract with Pajaro Valley Unified School 18 District, at http://att.sbc.com/gen/press-room?pid=4800&cdvn=news&newsarticleid=22212. 19 15. Attached hereto as Exhibit M is a true and correct copy of an AT&T news release 20 dated April 21, 2006, titled AT&T Announces Addition of Optical Networking Services to Los 21 Angeles County, at http://att.sbc.com/gen/press-room?pid=4800&cdvn=news&newsarticleid= 22 22236. 23 16. Attached hereto as Exhibit N is a true and correct copy of an AT&T news release 24 dated April 26, 2006, titled AT&T Introduces Faster-Speed Tier for Consumers at Market-Leading 25 Price, at http://att.sbc.com/gen/press-room?pid=4800&cdvn=news&newsarticleid=22243. 26 17. Attached hereto as Exhibit O is a true and correct copy of an AT&T news release 27 dated April 28, 2006, titled AT&T Secures Deal with East West Bank, at http://att.sbc.com/gen/press28 room?pid=4800&cdvn=news&newsarticleid=22250. [CORRECTED] DECLARATION OF JAMES S. TYRE IN SUPPORT OF PLAINTIFFS' OPPOSITION TO AT&T INC.'S MOTION TO DISMISS AMENDED COMPLAINT - C-06-00672-VRW -3- 1 18. Attached hereto as Exhibit P is a true and correct copy of an AT&T news release 2 dated January 26, 2006, titled AT&T Foundation Awards $5,000 to Casa of El Dorado for 3 Technology Projects, at http://att.sbc.com/gen/press-room?pid=4800&cdvn=news&newsarticleid= 4 22061. 5 19. Attached hereto as Exhibit Q is a true and correct copy of an AT&T news release 6 dated March 14, 2006, titled Statement of AT&T Indiana Regarding HB 1279 Being Signed into 7 Law, at http://att.sbc.com/gen/press-room?pid=4800&cdvn=news&newsarticleid=22167. 8 20. Attached hereto as Exhibit R is a true and correct copy of an AT&T news release 9 dated March 29, 2006, titled AT&T Ready to Bring Choice and Competition to Cable Subscribers in 10 California, at http://att.sbc.com/gen/press-room?pid=4800&cdvn=news&newsarticleid=22187. 11 21. Attached hereto as Exhibit S is a true and correct copy of an AT&T news release 12 dated April 12, 2006, titled AT&T Texas, Nortel and Tandberg Team Up with "Extreme Makeover: 13 Home Edition" to Install State-Of-The-Art Communications Systems at Firehouse Damaged by 14 Hurricane Rita, at http://att.sbc.com/gen/press-room?pid=4800&cdvn=news&newsarticleid 15 =22221. 16 22. Attached hereto as Exhibit T is a true and correct copy of an AT&T news release 17 dated April 18, 2006, titled AT&T Government Solutions Wins $4.8 Million Contract for LAN 18 Upgrade for Army and Air Force Exchange Services, at http://att.sbc.com/gen/press19 room?pid=4800&cdvn=news&newsarticleid=22239. 20 23. Attached hereto as Exhibit U is a true and correct copy of the AT&T Fact Sheet, last 21 viewed May 21, 2006, at http://att.sbc.com/gen/investor-relations?pid=5711. 22 24. Attached hereto as Exhibit V is a true and correct copy of the AT&T Diversity and 23 Inclusion web page, last viewed May 21, 2006, at http://att.sbc.com/gen/corporate24 citizenship?pid=7752. 25 25. Attached hereto as Exhibit W is a true and correct copy of the AT&T Careers web 26 page, last viewed May 21, 2006, at http://att.sbc.com/gen/careers?pid=1. 27 26. Attached hereto as Exhibit X is a true and correct copy of the AT&T Career 28 Locations web page, last viewed May 21, 2006, at http://att.sbc.com/gen/careers?pid=20. [CORRECTED] DECLARATION OF JAMES S. TYRE IN SUPPORT OF PLAINTIFFS' OPPOSITION TO AT&T INC.'S MOTION TO DISMISS AMENDED COMPLAINT - C-06-00672-VRW -4- 1 27. Attached hereto as Exhibit Y is a true and correct copy of the AT&T Management 2 Opportunities web page, last viewed May 21, 2006, at http://sbc.recruitmax.com/candidate/default. 3 cfm?szWorkgroupID=1. 4 28. Attached hereto as Exhibit Z is the web page displayed as a result of a search on May 5 21, 2006 for AT&T management opportunities in San Francisco. A persistent link to the search 6 results page cannot be maintained. The search was done at the web page listed in the preceding 7 paragraph, by searching for all AT&T management opportunities in San Francisco. 8 29. Filed concurrently are the respective Declarations of Daniel O'Brien and Adam L. 9 Rubinger. With exhibits printouts of pages from their respective web sessions they demonstrate 10 how one can use the AT&T web site to sign up for AT&T local and long distance telephone services 11 (O'Brien) and Internet services (Rubinger). During the sign-up process, each had to input personal 12 information to the web site, such as credit card numbers, social security numbers and home 13 addresses. Under my direction, that personal information has been redacted from the exhibits that 14 will be served and filed. The unredacted exhibits are in the possession of the Electronic Frontier 15 Foundation, and will be made available to the Court or defense counsel on request. 16 I declare under penalty of perjury under the laws of the United States of America that the 17 foregoing is true and correct. Executed this 5th day of June, 2006, at Culver City, California. 18 19 20 21 22 23 24 25 26 27 28 [CORRECTED] DECLARATION OF JAMES S. TYRE IN SUPPORT OF PLAINTIFFS' OPPOSITION TO AT&T INC.'S MOTION TO DISMISS AMENDED COMPLAINT - C-06-00672-VRW W:\AT&T Privacy\(corrected) DEC00031557_Tyre.doc /s/ JAMES S. TYRE -5- 1 2 CERTIFICATE OF SERVICE I hereby certify that on June 6, 2006, I electronically filed the foregoing with the Clerk of the 3 Court using the CM/ECF system which will send notification of such filing to the e-mail addresses 4 denoted on the attached Electronic Mail Notice List, and I hereby certify that I have mailed the 5 foregoing document or paper via the United States Postal Service to the non-CM/ECF participants 6 indicated on the attached Manual Notice List. 7 8 9 10 11 12 13 14 15 I, Maria V. Morris, am the ECF User whose ID and password are being used to file this /s/ MARIA V. MORRIS LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: 415/288-4545 415/288-4534 (fax) E-mail:mariam@lerachlaw.com 16 [CORRECTED] DECLARATION OF JAMES S. TYRE IN SUPPORT OF PLAINTIFFS' 17 OPPOSITION TO AT&T INC.'S MOTION TO DISMISS AMENDED COMPLAINT. In 18 compliance with General Order 45, X.B., I hereby attest that James S. Tyre has concurred in this 19 filing. 20 21 DATE: June 6, 2006 22 23 24 25 26 27 28 W:\AT&T Privacy\(corrected) DEC00031557_Tyre.doc /s/ MARIA V. MORRIS Mailing Information for a Case 3:06-cv-00672-VRW Electronic Mail Notice List The following are those who are currently on the list to receive e-mail notices for this case. L. Alger timalger@quinnemanuel.com albertvillamil@quinnemanuel.com Timothy Stuart Bankston bankston@eff.org Kevin Allan Berenson bberenson@sidley.com vshort@sidley.com Bradford J. Brosnahan jbrosnahan@mofo.com bkeaton@mofo.com James Ann Cohn cindy@eff.org wendy@eff.org;barak@eff.org Cindy Joseph Coppolino tony.coppolino@usdoj.gov Anthony A. Ericson bruce.ericson@pillsburylaw.com Bruce D Friedman JFriedman@lerachlaw.com RebeccaG@lerachlaw.com Jeff R. Himmelstein bhimmelstein@lchb.com Barry A. Isaacson erici@lerachlaw.com Eric R. Kathrein reedk@lerachlaw.com e_file_sd@lerachlaw.com;e_file_sf@lerachlaw.com Reed M. Markman mmarkman@hewm.com Michael Martinez brianmartinez@mofo.com Brian Robert McNicholas emcnicholas@sidley.com vshort@sidley.com Edward McSherry corynne@eff.org Corynne V. Morris mariam@lerachlaw.com e_file_sf@lerachlaw.com Maria Olson ko@lrolaw.com amw@lrolaw.com,slighthill@gmail.com Karl Opsahl kurt@eff.org Kurt Sharon Orleans renee.orleans@usdoj.gov Renee Eve Scarlett shanas@lerachlaw.com e_file_sd@lerachlaw.com;e_file_sf@lerachlaw.com Shana R. Sorensen jake.sorensen@pillsburylaw.com Jacob H Tannenbaum andrew.tannenbaum@usdoj.gov Andrew Lee Tien tien@eff.org aram@eff.org Tze M. Traber, Esq tmt@tvlegal.com Theresa Samuel Tyre jstyre@jstyre.com jstyre@eff.org James Van Der Hout ndca@vblaw.com Marc Voorhees bv@tvlegal.com Bert Roy Wiebe wiebe@pacbell.net Richard Manual Notice List The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who therefore require manual noticing). You may wish to use your mouse to select and copy this list into your word processing program in order to create notices or labels for these recipients. David W. Carpenter Sidley Austin Brown & Wood LLP Bank One Plaza 10 South Dearborn Street Chicago, IL 60600 David L. Lawson Sidley Austin Brown & Wood 172 Eye Street, N.W. Washington, DC 20006

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