IO Group, Inc. v. Veoh Networks, Inc.

Filing 61

Declaration of Gill Sperlein in Support of Plaintiff's Reply 60 filed by IO Group, Inc.. (Related document(s) 60 ) (Sperlein, Dennis) (Filed on 3/26/2007) Text modified on 3/28/2007 to conform to document caption post by counsel (bw, COURT STAFF).

IO Group, Inc. v. Veoh Networks, Inc.

Doc. 61

Case 5:06-cv-03926-HRL

Document 61

Filed 03/26/2007

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GILL SPERLEIN (172887) THE LAW FIRM OF GILL SPERLEIN 584 Castro Street, Suite 849 San Francisco, California 94114 Telephone: [phone] X32 Facsimile: [phone] [e-mail] Attorney for Plaintiff IO GROUP, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION IO GROUP, INC., a California corporation, Plaintiff, vs. VEOH NETWORKS, Inc., a California Corporation, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) C-06-03926 (HRL) DECLARATION OF GILL SPERLEIN IN SUPPORT OF PLAINTIFF'S REPLY DATE: April 10, 2007 TIME: 10:00 a.m. COURTROOM: 2 Discovery Cut Off: April 30, 2007 Pre-Trial Conference Date: October 18, 2007 Trial Date: October 24, 2007

I, GILL SPERLEIN, declare: 1. I am an attorney at law licensed to practice in the State of California and attorney of

record for Plaintiff Io Group, Inc. 2. Shortly before initial disclosures were due, Veoh requested that Plaintiff stipulate

to an extension for the production of initial disclosures. Plaintiff agreed to so stipulate.
-1SPERLEIN DECLARATION IN SUPPORT OF PLAINTIFF'S REPLY C-06-3926 (HRL)

Dockets.Justia.com

Case 5:06-cv-03926-HRL

Document 61

Filed 03/26/2007

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3. 4.

Parties exchanged initial disclosures and documents on January 16, 2007. Veoh has not produced any documents since that time and has not produced any

documents in response to Plaintiff's First Set of Requests for Discovery. 5. 2007. 6. On Wednesday, March 14, 2007, Defense Counsel Jennifer Golinveaux telephoned I scheduled the deposition of Joseph Papa to take place on Thursday, March 15,

me to cancel the scheduled deposition because Mr. Papa had a sinus infection and was on antibiotics. 7. On February 16, 2007 I wrote my initial meet and confer letter to Defense counsel,

explaining that because of the relatively short time allotted for discovery I expected them to try to resolve these discovery matters quickly or that I would have to quickly file a motion to compel. Specifically, I wrote: "As you know we have a relatively short discovery period in this matter. Moreover, I can only assume from your overwhelming amount of unwarranted objections, that Veoh intends to resist even our most modest document requests. If this is Veoh's position, I see little point in protracted meet and confer. State your position on these issues immediately and unequivocally. Either step up to the plate and produce the documents or let's move things forward by getting a determination from the Court. I demand a detailed response and production of the responsive, nonprivileged documents by Friday, February 23, 2007." 8. In its deposition of Dr. Ted Dunning, Plaintiff was able to learn the location and

purpose of several different groups of computers involved in the infringement. However, Plaintiff's attempts to question Dr. Dunning about these systems and how they operate were hampered because Defendant failed to produce documents on schedule and therefore Plaintiff did not have a basic understanding of the system in advance of the deposition.

-2SPERLEIN DECLARATION IN SUPPORT OF PLAINTIFF'S REPLY C-06-3926 (HRL)

Case 5:06-cv-03926-HRL

Document 61

Filed 03/26/2007

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Pursuant to the laws of the United States, I declare under penalty of perjury the foregoing is true and correct.

Dated: March 26, 2007

Respectfully submitted, /s/ Gill Sperlein GILL SPERLEIN, Attorney for Plaintiff

-3SPERLEIN DECLARATION IN SUPPORT OF PLAINTIFF'S REPLY C-06-3926 (HRL)