Carreon v. Inman et al

Filing 22

RESPONSE (re 20 Ex Parte Application For Temporary Restraining Order and Order to Shaw Cause Re Preliminary Injunction ) filed byIndiegogo, Inc.. (Attachments: # 1 Declaration of Ragesh K. Tangri, # 2 Exhibit A to Tangri declaration, # 3 Exhibit B to Tangri declaration, # 4 Exhibit C to Tangri declaration, # 5 Exhibit D to Tangri declaration, # 6 Exhibit E to Tangri declaration, # 7 Exhibit F to Tangri declaration, # 8 Exhibit G to Tangri declaration, # 9 Exhibit H to Tangri declaration, # 10 Declaration of Slava Rubin, # 11 Exhibit A to Rubin declaration)(Novikov, Eugene) (Filed on 7/1/2012)

1
2
3
4
5
6
7

DURIE TANGRI LLP
RAGESH K. TANGRI (SBN 159477)
[e-mail]
MARK A. LEMLEY (SBN 155830)
[e-mail]
EUGENE NOVIKOV (SBN 251316)
[e-mail]
217 Leidesdorff Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415-236-6300
Attorneys for Defendant
INDIEGOGO, INC.

8
9

IN THE UNITED STATES DISTRICT COURT

10

FOR THE NORTHERN DISTRICT OF CALIFORNIA

11

SAN FRANCISCO DIVISION

12

CHARLES CARREON,

13
14
15
16
17
18

Case No. 3:12-cv-03112-EMC
Plaintiff,

DECLARATION OF RAGESH TANGRI

v.
MATTHEW INMAN; INDIEGOGO, INC.;
NATIONAL WILDLIFE FEDERATION;
AMERICAN CANCER SOCIETY; AND DOES
1-100,
Defendants.

19
20
21
22
23
24
25
26
27
28

DECLARATION OF RAGESH K. TANGRI / CASE NO. 3:12-CV-03112-EMC

1

I, Ragesh Tangri, declare as follows:

2

1.

3

I am a member of the State Bar of California and counsel of record for Defendant

Indiegogo Inc. in the above-captioned litigation.

4

2.

On June 28, 2012, at 4:55 p.m., Plaintiff Charles Carreon served an application for a

5

temporary restraining order and order to show cause why a preliminary injunction should not issue. A

6

true and correct copy of the email transmitting Carreon’s papers is attached to this declaration as Exhibit

7

A.

8
9
10
11

3.

At 7:02 p.m. that evening, Carreon served a revised version of his supporting declaration

and exhibits. A true and correct copy of the email transmitting those revised papers is attached as Exhibit
B.
4.

On June 26, I had a phone conversation with Carreon. In that conversation, Carreon said

12

that he was aware that under Indiegogo’s terms and conditions, the funds from the BearLove campaign

13

could be disbursed at any time between the time of the conversation and Monday July 2.

14

5.

On June 29, I was informed that, at Matthew Inman’s request, Inman’s share of the funds

15

from the BearLove campaign was sent by check to the American Cancer Society and the National

16

Wildlife fund, divided equally. That evening, I received an email from Carreon informing counsel for

17

Inman and Indiegogo that he still had not filed his TRO application. A true and correct copy of that

18

email is attached as Exhibit G.

19

6.

At 12:00 pm the afternoon of June 30, I emailed Carreon to inform him that “[c]onsistent

20

with its Terms of Service, Indiegogo yesterday transferred the balance of the Bear Love campaign

21

proceeds.” A true and correct copy of that email is attached as Exhibit H. Carreon filed his application

22

later that afternoon. (Dkt. 20.)

23

7.

Attached as Exhibit C to this declaration is a true and correct copy of a post on the website

24

“The Oatmeal” entitled “What should I do about FunnyJunk.com?,” retrieved from

25

http://theoatmeal.com/blog/funnyjunk on June 28, 2012.

26

8.

Attached as Exhbit D to this declaration is a true and correct copy of a post on the website

27

“The Oatmeal” entitled “An update on the FunnyJunk situation,” retrieved from

28

http://theoatmeal.com/blog/funnyjunk2 on June 28, 2012.
1
DECLARATION OF RAGESH K. TANGRI / CASE NO. 3:12-CV-03112-EMC

1

9.

2

“The Oatmeal” as it appeared on June 28, 2012, reproducing what appears to be a letter sent by Charles

3

Carreon to Matthew Inman. The letter was retrieved from http://s3.amazonaws.com/theoatmeal-

4

img/blog/funnyjunk_letter/full_letter.jpg on that date, and a link to that URL appeared on

5

http://theoatmeal.com/blog/funnyjunk_letter on that date.

6

Attached as Exhibit E to this declaration is a true and correct copy of a portion of the website

10.

Attached as Exhibit F to this declaration is a true and correct copy of a post on the website

7

“The Oatmeal” entitled “FunnyJunk is threatening to file a federal lawsuit against me unless I pay

8

$20,000 in damages,” retrieved from http://theoatmeal.com/blog/funnyjunk_letter on June 28, 2012.

9
10

I declare under penalty of perjury under the laws of the United States that the foregoing is true
and correct. Signed on July 1, 2012, in San Francisco, California.

11
12
13

_______________/s/ Ragesh Tangri _____
Ragesh Tangri

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
DECLARATION OF RAGESH K. TANGRI / CASE NO. 3:12-CV-03112-EMC