FreecycleSunnyvale v. The Freecycle Network

Filing 132

Declaration of Eric B. Evansi in Support of 131 Supplemental MOTION for Summary Judgment filed byFreecycleSunnyvale. (Attachments: # 1 Exhibit Exhibits A-C)(Related document(s) 131 ) (Evans, Eric) (Filed on 10/25/2007) Modified on 10/26/2007 (cp, COURT STAFF).

FreecycleSunnyvale v. The Freecycle Network

Doc. 132

Case 4:06-cv-00324-CW

Document 132

Filed 10/25/2007

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MAYER BROWN LLP IAN N. FEINBERG (SBN 88324) [e-mail] ERIC B. EVANS (SBN 232476) [e-mail] Two Palo Alto Square, Suite 300 3000 El Camino Real Palo Alto, CA 94306-2112 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff FREECYCLESUNNYVALE, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OAKLAND DIVISION FREECYCLESUNNYVALE, a California unincorporated association, Plaint iff, v. THE FREECYCLE NETWORK, an Arizona corporation, Defendant. Case No. C06-00324 CW DECLARATION OF ERIC B. EVANS IN SUPPORT OF FREECYCLESUNNYVALE'S SUPPLEMENTAL NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT [FED. R. CIV. P. 56]

AND RELATED COUNTERCLAIMS

EVANS DECL. RE SUPPL. MOTION FOR SUMMARY JUDGMENT CASE NO. C06-00324 CW Dockets.Justia.com

Case 4:06-cv-00324-CW

Document 132

Filed 10/25/2007

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I, Eric B. Evans, declare as follows: 1. I am an attorney with the law firm of Mayer Brown LLP, counsel of record for

Plaintiff and Counterdefendant FreecycleSunnyvale ("Sunnyvale"), and am admitted to practice before this Court. I submit this declaration in support of Sunnyvale's Supplemental Motion for Summary Judgment. I have personal knowledge of the following facts and, if called as a witness, could and would testify competently thereto. 2. I have personally reviewed the Electronic Case Filing ("ECF") docket for the U.S.

District Court for the District of Arizona for the case The Freecycle Network, Inc. v. Tim Oey, No. 06-CV-00173 RCC (D. Ariz., filed Apr. 4. 2006) ("the Arizona Case"). A true and correct copy of the complaint in the Arizona Case, downloaded from the ECF docket, is attached as Exhibit A. 3. A true and correct copy of the order granting The Freecycle Network, Inc.'s

motions for a temporary restraining order and for a preliminary injunction, entered May 11, 2006, in the Arizona Case, downloaded from the ECF docket, is attached as Exhibit B. 4. A true and correct copy of documents bearing Bates numbers YAH 0442-YAH -

446, produced by Yahoo!, Inc. and retained in Yahoo!, Inc.'s records since the time that they were received by Yahoo!, Inc. from persons purporting to act on behalf of The Freecycle Network, Inc. is attached as Exhibit C.

I declare under penalty of perjury under the laws of the State of California and the United States of America that the foregoing is true and correct. Executed this 25th day of October, 2007 at Palo Alto, California. /s/ Eric B. Evans Eric B. Evans

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EVANS DECL. RE SUPPL. MOTION FOR SUMMARY JUDGMENT CASE NO. C06-00324 CW