Mou v. City of San Jose et al

Filing 1168

Mou v. City of San Jose et al

Doc. 1168

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ROBERT TED PARKER (SBN 43024) BERG & PARKER LLP Four Embarcadero, Suite 1400 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] CYNTHIA ROCKWELL HALLER & COLVIN, P.C. 444 East Main Street Fort Wayne, IN 46802 [phone] [phone] - Fax Attorneys for Defendant DEAN V. KRUSE

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

eBAY INC., Plaintiff, vs. DEAN V. KRUSE, Defendants.

Case No. C03-03038 RS DECLARATION OF ROBERT TED PARKER SUPPORTING MOTION FOR SUMMARY JUDGMENT OR PARTIAL ADJUDICATION UNDER RULE 56, FED. R. CIV. PROC. Date: July 28, 2004 Before: Magistrate Judge Seeborg Date of Filing: June 30, 2003 Trial Date: September 14, 2004

I, ROBERT TED PARKER, declare as follows: 1. I am an attorney at law admitted to practice in the State of California and before this Honorable Court, the District Court for the Northern District of California, and I am co-counsel for Dean Kruse in this matter. I make this declaration on personal knowledge, and if called as a witness I would and could testify accordingly. 2. Attached hereto as Exhibit A is a true and correct copy of the 1998 Equity Incentive Plan of eBay, Inc. as produced in discovery in this case. 1
PARKER DECLARATION SUPPORTING KRUSE'S MOTION FOR SUMMARY JUDGMENT ON ULTRA VIRES C03-03038 RS

Dockets.Justia.com

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3. Attached hereto as Exhibit B is a true and correct copy of page 2, section 2(k), of the 2001 Equity Incentive Plan of eBay, Inc., as produced in discovery in this case. 4. Attached hereto as Exhibit C is a true and correct copy of the Separation and Consulting Agreement between Dean Kruse and eBay, Inc. dated December 18, 2002, as produced in discovery. 5. Attached hereto as Exhibit D is a true and correct copy of Action by Unanimous Consent of the Compensation Committee of the Board of Directors of eBay, Inc., as produced in discovery in this case. 6. Attached hereto as Exhibit E is a true and correct copy of Minutes of a Telephonic Meeting of the Compensation Committee of the Board of Directors of eBay, Inc. dated April 14, 2003, as produced in discovery in this case. I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct. DATED: June 21, 2004 /s/ Robert Ted Parker Robert Ted Parker
1491.001 0406tp004.sjmotion.declRTP

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PARKER DECLARATION SUPPORTING KRUSE'S MOTION FOR SUMMARY JUDGMENT ON ULTRA VIRES C03-03038 RS