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. 3
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STEWART KELLAR (SBN 267747) stewart@etrny.com E-ttorney at Law 148 Townsend Street, Suite 2 San Francisco, California 94107 Telephone: (415) 742-2303 JACK C. PRAETZELLIS (SBN 267765) jack@mbvlaw.com MBV LAW LLP 855 Front Street San Francisco, California 94111 Telephone: (415) 781-4400 Facsimile: (415) 989-5143 YASHA HEIDARI (Pro Hac Vice) heidari@heidariplank.com HEIDARI POWER LAW GROUP LLC Post Office Box 79217 Atlanta, Georgia 30357 Telephone: (404) 518-6668 Facsimile: (404) 601-7852 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 MARVIN MILLER 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 in the Declaration of Marvin Miller in support of Sony Computer Entertainment America LLC's ("SCEA") opposition to Mr. Hotz's Motion to Dismiss. Moreover, Mr. Miller's Declaration was late filed. SCEA must play by the rules,
OBJECTIONS TO MILLER DECLARATION (No. 11-CV-00167-SI) Dockets.Justia.com
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just like all other litigants. Opposition to 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 Miller Declaration was filed on March 19, 2011. This is cause to strike it in its entirety. Federal Rules of Evidence, Rule ("FRE") 403. The documents that come with the Playstation3 are irrelevant to whether California has jurisdiction over Mr. Hotz. SCEA has never alleged Mr. Hotz read the manual in question. Indeed, Mr. Hotz's instruction manual was (and remains) shrink wrapped. Hotz Dec. ¶ 10; Kellar Dec. Exs. A-E. FRE 602. No foundation or personal knowledge. The declarant never states how he knows these facts testified to other than by declaring his job title in paragraph 1. Paragraph 3. Entire paragraph. FRE 402. Not relevant. The fact that the manual is located on a website is wholly irrelevant to whether SCEA has personal jurisdiction over Mr. Hotz. SCEA has never alleged Mr. Hotz read the manual in question. Indeed, Mr. Hotz's instruction manual was (and remains) shrink wrapped. Hotz Dec. ¶ 10; Kellar Dec. Exs. A-E. FRE 402. Relevancy. Even a cursory review of the various quotes from the manual evidence the fact that they are wholly irrelevant to jurisdiction. The fact that the manual states "for more information, visit www.us.playstation.com" has no bearing on California's ability to exercise jurisdiction. FRE 403. Confusion of issues, misleading, and waste of time. FRE 1001-1008. Best evidence. Declarant simply testifies to various portions of the Playstation 3 manual. The documents should speak for themselves. Paragraph 4. Entire paragraph. FRE 403. Not relevant. The outer packaging, assuming it states "SCEA," is irrelevant to whether California has personal jurisdiction over Mr. Hotz. SCEA did not allege Mr. Hotz read the packaging, or that he personally opened the box. Further, the paragraph does not state that SCEA is located in California,
Paragraph 2.
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OBJECTIONS TO MILLER DECLARATION (NO. 11-CV-000167 SI)
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By
which is the only way the paragraph could even theoretically be relevant. 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
/s/ Stewart Kellar Stewart Kellar Attorneys for Defendant George Hotz
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OBJECTIONS TO MILLER DECLARATION (NO. 11-CV-000167 SI)
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