Coupons, Inc. v. Stottlemire

Filing 29

Declaration of John A Stottlemire in Support of Defendants' Motion to Dismiss or in the Alternative Motion for Summary Judgment 13 filed by John Stottlemire. (Attachments: #1 Exhibits G and H) (Related document(s) 13 ) (Stottlemire, John) (Filed on 11/19/2007) Modified on 11/20/2007 (bw, COURT STAFF).

Coupons, Inc. v. Stottlemire

Doc. 29

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John A Stottlemire 33103 Lake Garrison Street Fremont, CA 94555 Telephone: [phone] Email: [e-mail] Defendant, pro se UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

COUPONS, INC., a California corporation, Plaintiff, vs. JOHN STOTTLEMIRE, and DOES 1-10, Defendant

) ) ) ) ) ) ) ) ) ) ) )

Case No.: 5:07-cv-03457-HRL DECLARATION OF JOHN STOTTLEMIRE IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS OR IN THE ALTERNATIVE MOTION FOR SUMMARY JUDGMENT PURSUANT TO FED. R. CIV. P. 56 Date: Time: Courtroom: Judge: December 4, 2007 10:00 a.m. 2, 5th Floor Hon. Howard R. Lloyd

I, John Stottlemire, hereby declare: 1. I am one of the Defendants in this action. I state all facts herein of my own

first hand knowledge, and if called as a witness, I could and would competently testify thereto. 2. I personally printed the webpage attached as Exhibit A to this declaration and

attached as Exhibit A to Request for Judicial Notice in Support of John Stottlemire's Motion to Dismiss Coupons, Inc's First Amended Complaint, or in the Alternative, for Summary Judgment. This document was printed by me on August 28, 2007 and is a true and accurate copy of the webpage shown when visiting Plaintiff's website at the internet address of http://couponbar.coupons.com/CBInstall2.asp 3. I personally printed the coupons attached as Exhibit B to this declaration and

attached as Exhibit B to Request for Judicial Notice in Support of John Stottlemire's Motion to Dismiss Coupons, Inc's First Amended Complaint, or in the Alternative, for Summary Judgment. These coupons were printed by me on September 14, 2007 and were obtained from Plaintiff's
Declaration of John Stottlemire in Support of Defendant's Motion to Dismiss or in the Alternative Motion for Summary Judgment

No. C-07-03457 HRL 1
Dockets.Justia.com

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website. These coupons were printed using version 3.3.0.2 of the coupon printer software provided by the Plaintiff. 4. I personally printed the coupons attached as Exhibit C to this declaration and

attached as Exhibit C to Request for Judicial Notice in Support of John Stottlemire's Motion to Dismiss Coupons, Inc's First Amended Complaint, or in the Alternative, for Summary Judgment. These coupons were printed by me on September 14, 2007 and were obtained from Plaintiff's website. These coupons were printed using version 4.0.0.2 of the coupon printer software provided by the Plaintiff. 5. I personally printed webpages attached as Exhibit D to this declaration and

attached as Exhibit D to Request for Judicial Notice in Support of John Stottlemire's Motion to Dismiss Coupons, Inc's First Amended Complaint, or in the Alternative, for Summary Judgment. The first webpage was printed by me on July 12, 2007 and is a true and accurate copy of the webpage shown when visiting Plaintiff's website at the internet address of http://print.coupons.com/gmsa/Install.asp when using Microsoft Internet Explorer web browser. The second webpage was printed by me on July 12, 2007 and is a true and accurate copy of the webpage shown when visiting Plaintiff's website at the internet address of http://print.coupons.com/couponweb/Install.asp when using the Mozilla Firefox web browser. The third webpage is a google cached copy of a webpage printed by me on August 7, 2007 and is a true and accurate copy of the webpage shown when visiting Plaintiff's website at the internet address of http://print.coupons.com/gmsa/InstallAMac.asp on May 22, 2007. 6. I personally printed the pdf file attached as Exhibit E to this declaration and

attached as Exhibit E to Request for Judicial Notice in Support of John Stottlemire's Motion to Dismiss Coupons, Inc's First Amended Complaint, or in the Alternative, for Summary Judgment. The pdf file was printed on September 24, 2007 and is Plaintiff's response to Professor Benjamin Edelman's article entitled "A Closer Look At Coupons.com" as it appeared on Professor Edelman's website on September 24, 2007. 7. I personally printed the webpage attached as Exhibit F to this declaration and

attached as Exhibit F to Request for Judicial Notice in Support of John Stottlemire's Motion to
Declaration of John Stottlemire in Support of Defendant's Motion to Dismiss or in the Alternative Motion for Summary Judgment

No. C-07-03457 HRL 2

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Dismiss Coupons, Inc's First Amended Complaint, or in the Alternative, for Summary Judgment. The webpage was printed by me on September 15, 2007 and is a true and accurate copy of the webpage shown when visiting Plaintiff's website at the internet address http://www.couponsinc.com/corp/source/oc_ourtechnology.asp 8. I personally printed the document shown as Exhibit G to this declaration and

attached as Exhibit G to Request for Judicial Notice in Support of John Stottlemire's Motion to Dismiss Coupons, Inc's First Amended Complaint, or in the Alternative, for Summary Judgment. The document was printed on September 15, 2007 from the PACER database and is a true and accurate copy of that document. 9. I personally printed the webpage attached as Exhibit H to this declaration and

attached as Exhibit H to Request for Judicial Notice in Support of John Stottlemire's Motion to Dismiss Coupons, Inc's First Amended Complaint, or in the Alternative, for Summary Judgment. This webpage was printed by me on September 22, 2007 and is a true and accurate copy of the webpage shown when visiting Defendant's website at the internet address http://www.tenbucks.net/index.cfm/2007/7/15 I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 19th day of November, 2007 at Fremont, California.

Dated: November 19, 2007

____________________/s/___________________ John A Stottlemire, pro se

Declaration of John Stottlemire in Support of Defendant's Motion to Dismiss or in the Alternative Motion for Summary Judgment

No. C-07-03457 HRL 3

EXHIBIT A

EXHIBIT B

EXHIBIT C

EXHIBIT D