FreecycleSunnyvale v. The Freecycle Network

Filing 124

Declaration of Lisa Kobialka in Support of 123 Reply to Opposition filed byThe Freecycle Network. (Attachments: # 1 Exhibit A)(Related document(s) 123 ) (Kobialka, Lisa) (Filed on 9/19/2007)

FreecycleSunnyvale v. The Freecycle Network

Doc. 124

Case 4:06-cv-00324-CW

Document 124

Filed 09/19/2007

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PAUL J. ANDRE, Bar No. 196585 ([e-mail]) LISA KOBIALKA, Bar No. 191404 ([e-mail]) ESHA BANDYOPADHYAY, Bar. No. 212249 ([e-mail]) SEAN M. BOYLE, Bar No. 238128 ([e-mail]) PERKINS COIE LLP 101 Jefferson Drive Menlo Park, CA 94025 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant The Freecycle Network, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

FREECYCLESUNNYVALE, a California unincorporated association, Plaintiff, v. THE FREECYCLE NETWORK, INC., an Arizona corporation, Defendant.

CASE NO. C 06-00324 CW DECLARATION OF LISA KOBIALKA IN SUPPORT OF THE FREECYCLE NETWORK, INC.'S REPLY TO FREECYCLESUNNYVALE'S OPPOSITION TO MOTION TO STRIKE UNDER F.R.C.P. 37(c) Date: Time: Before: Location: September 27, 2007 2:00 p.m. Honorable Claudia Wilken Courtroom 2

THE FREECYCLE NETWORK, INC. an Arizona corporation, Counterclaimant, v. FREECYLESUNNYVALE, a California unincorporated association, Counterdefendant.

KOBIALKA DECLARATION ISO REPLY TO PLAINTIFF'S OPPOSITION TO MOTION TO STRIKE

CASE NO. C 06-00324 CW

Dockets.Justia.com

Case 4:06-cv-00324-CW

Document 124

Filed 09/19/2007

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I, LISA KOBIALKA, declare: 1. I am an attorney with the law firm of Perkins Coie LLP, counsel of record for

Defendant and Counterclaimant The Freecycle Network, Inc. ("The Freecycle Network"). I have personal knowledge of the facts set forth in this declaration and can testify competently to those facts. 2. The Freecycle Network produced 82,149 pages of documents in this case prior to

the discovery cut-off. 3. By virtue of The Freecycle Network's popularity, there have been hundreds of

thousands of members/users since its inception that are identified by The Freecycle Network's documents. Attached hereto as Exhibit A is a true and correct copy of a document Bates labeled FN 000001-02, indicating that the number of members of The Freecycle Network in 2006 was 2,173,732.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed in Menlo Park, California on September 19, 2007. By /s/ Lisa Kobialka Lisa Kobialka Attorneys for Defendant and Counterclaimant The Freecycle Network, Inc.

KOBIALKA DECLARATION ISO REPLY TO PLAINTIFF'S OPPOSITION TO MOTION TO STRIKE

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CASE NO. C 06-00324 CW