Viacom International Inc. et al v. YouTube, Inc. et al

Filing 22

Declaration in Support of 21 Memorandum in Opposition, Declaration of Michael H. Rubin in Support of Respondents' Opposition filed byArtis Capital Management, L.P., Sequoia Capital Operations LLC, TriplePoint Capital LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Related document(s) 21 ) (Rubin, Michael) (Filed on 7/21/2008)

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DAVID H. KRAMER, State Bar No. 168452, [e-mail] MICHAEL H. RUBIN, State Bar No. 214636, [e-mail] WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: [phone] Facsimile: [phone] Attorneys for Non-Party Respondents Artis Capital Management, L.P., Sequoia Capital Operations LLC and TriplePoint Capital LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION VIACOM INTERNATIONAL INC., ET AL. Plaintiffs, v. YOUTUBE, INC., ET AL. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 3:08-MC-80129-SI [Case No. 07-cv-02103 (LLS) in the U.S. D.C., S.D.N.Y] DECLARATION OF MICHAEL H. RUBIN IN SUPPORT OF RESPONDENTS' OPPOSITION TO PLAINTIFFS' JOINT MOTION TO COMPEL PRODUCTION OF DOCUMENTS PURSUANT TO SUBPOENAS TO ARTIS CAPITAL MANAGEMENT L.P., SEQUOIA CAPITAL OPERATIONS LLC, AND TRIPLEPOINT CAPITAL LLC [Case No. 07-cv-03532 (LLS) in the U.S. D.C., S.D.N.Y] Date: Time: Courtroom: Judge: August 15, 2008 9:00 a.m. 10 Honorable Susan Illston

THE FOOTBALL ASSOCIATION PREMIER LEAGUE LIMITED, ET AL. Plaintiffs, v. YOUTUBE, INC., ET AL. Defendants.

RUBIN DECLARATION IN SUPPORT OF OPPOSITION
TO MOTION TO COMPEL

CASE NO. 08-MC-80129 (SI)

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I, Michael H. Rubin, hereby declare that: 1. I am an attorney with Wilson Sonsini Goodrich & Rosati. I submit this

declaration in support of Respondents' Opposition to Plaintiffs' Joint Motion to Compel Pursuant to Subpoenas to Artis Capital Management L.P. ("Artis"), Sequoia Capital Operations LLC, ("Sequoia") and TriplePoint Capital LLC ("TriplePoint") (collectively, the "Non-Parties"). I have personal knowledge about the facts described below and if called upon to testify, could competently testify to them. 2. Attached hereto as Exhibit A is a true and correct copy of Viacom International,

Inc.'s First Set of Requests for Production of Documents and Electronically Stored Information to YouTube, Inc., YouTube, LLC and Google Inc, propounded in Viacom International Inc. et al. v. YouTube, Inc., et al., Case No. 1:07-CV-02103 (LLS). 3. Attached hereto as Exhibit B is a true and correct copy of The Football

Association Premier League, et al.'s First Set of Requests for Production of Documents and Electronically Stored Information to YouTube, Inc., YouTube, LLC and Google Inc, propounded in The Football Association Premier League, et al. v. YouTube, Inc., et al., Case No. 1:07-cv03532 (LLS). 4. Attached hereto as Exhibit C is a true and correct copy of an excerpt of the

transcript of the July 15, 2008 hearing before the Honorable Judge Stanton of the United States District Court for the Southern District of New York, in The Football Association Premier League, et al. v. YouTube, Inc., et al., Case No. 1:07-cv-03532 (LLS). 5. Attached hereto as Exhibit D is a true and correct copy of an excerpt from

Google's Form 10-Q, filed November 8, 2006, publicly announcing that Michael Moritz had recused himself from board decisions regarding Google's acquisition of YouTube. 6. During meet and confer sessions late last year, Plaintiffs sought a date certain

from the Non-Parties as to when their document production would be ready. This pressure, coming after the Non-Parties had asserted their objections to Plaintiffs' time instruction and in the midst of negotiations over the scope of the production, prompted the Non-Parties to begin their search, collection and review for relevant documents within their possession, custody or
RUBIN DECLARATION IN SUPPORT OF OPPOSITION
TO MOTION TO COMPEL

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CASE NO. 08-MC-80129 (SI)