Sony Computer Entertainment America LLC v. Hotz et al

Filing 112

OBJECTIONS to re 105 Declaration in Opposition, 104 Declaration in Opposition,,, 107 Declaration in Opposition, Objections to Bricker Declaration by George Hotz. (Attachments: # 1 Objections to Law Dec, # 2 Objections to Liu Dec, # 3 Objections to Miller Dec, # 4 Objections to Pierce Dec)(Kellar, Stewart) (Filed on 3/25/2011)

Sony Computer Entertainment America LLC v. Hotz et al

Doc. 112 Att. 2

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STEWART KELLAR (SBN 267747) [e-mail] E-ttorney at Law 148 Townsend Street, Suite 2 San Francisco, California 94107 Telephone: [phone] JACK C. PRAETZELLIS (SBN 267765) [e-mail] MBV LAW LLP 855 Front Street San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] YASHA HEIDARI (Pro Hac Vice) [e-mail] HEIDARI POWER LAW GROUP LLC Post Office Box 79217 Atlanta, Georgia 30357 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant George Hotz UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

SONY COMPUTER ENTERTAINMENT AMERICA LLC, a Delaware limited liability company, Plaintiff, v. GEORGE HOTZ, et al., Defendants.

Case No. 11-cv-000167 SI DEFENDANT GEORGE HOTZ'S OBJECTIONS TO DECLARATION OF JENNIFER LIU IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO DISMISS AND MOTION TO STRIKE TESTIMONY CONTAINED THEREIN Date: Time: Place: April 8, 2011 9:00 a.m. Courtroom 10, 19th Floor

Defendant George Hotz objects to the following paragraphs of Jennifer Lui's declaration in support of plaintiff's opposition to Mr. Hotz's motion to dismiss. Moreover, Ms. Lui's Declaration was late filed. SCEA must play by the rules, just like all other litigants. Opposition to

OBJECTIONS TO LIU DECLARATION (No. 11-CV-00167-SI) Dockets.Justia.com

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Mr. Hotz' Motion to Dismiss was due on March 18, 2011, which pursuant to F.R.C.P. Rule 6.4 and Local Rules 7-3, required all supporting affidavits and declarations to be filed on March 18, 2011. The Lui Declaration was filed on March 19, 2011. This is cause to strike it in its entirety. Federal Rules of Evidence, Rule ("FRE") 402. Not relevant. SCEA's connection to California is not relevant since Mr. Hotz had never heard of SCEA prior to being sued by SCEA. Hotz Declaration ¶¶ 2-3. FRE 602. No personal knowledge. No foundation. Declarant has not stated how she knows the facts that she testifies to. Simply stating a job title in paragraph 1 cannot suffice. FRE 402. Not relevant. FRE 403. Confusion of issues, misleading, and waste of time. Confusing and misleading as to who is the manufacturer of the Playstation computer and the relevancy of the distributor. Statements regarding distribution are a waste of time. Needless presentation of cumulative evidence. FRE 602. No personal knowledge / foundation for testimony. FRE 402. Not relevant. FRE 403. Needless presentation of cumulative evidence. FRE 602. No personal knowledge / foundation for testimony. FRE 402. Not relevant. FRE 602. No personal knowledge / foundation for testimony. FRE 402. Not relevant. FRE 602. No personal knowledge / foundation for testimony. FRE 402. Not relevant. FRE 602. No personal knowledge / foundation for testimony. /// ///

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-224045.01/4826-1353-2169, v. 1

OBJECTIONS TO LIU DECLARATION (NO. 11-CV-000167 SI)

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For the foregoing reasons, including SCEA's untimely filing, Plaintiff respectfully requests that the Court strike the declaration in its entirety. In the event this Court chooses not to strike the declaration in its entirety, Plaintiff respectfully requests this Court to strike the testimony referred to above.

Dated: March 24, 2011. MBV LAW LLP

By

/s/ Stewart Kellar Stewart Kellar Attorneys for Defendant George Hotz 4826-1353-2169, v. 2

-324045.01/4826-1353-2169, v. 1

OBJECTIONS TO LIU DECLARATION (NO. 11-CV-000167 SI)