eBay Inc. v. Digital Point Solutions, Inc. et al

Filing 146

Memorandum in Opposition to 128 Compel Responses to Requests for Production, Interrogatories and Requests for Admission filed byDigital Point Solutions, Inc., Shawn Hogan. (Attachments: # 1 Affidavit Declaration of Seyamack Kouretchian, # 2 Affidavit Declaration of Ross M. Campbell, # 3 Affidavit Declaration of Shawn Hogan, # 4 Proposed Order Denying Plaintiff's Motion to Compel)(Campbell, Ross) (Filed on 10/23/2009) Modified on 10/26/2009 (gm, COURT STAFF).

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Seyamack Kouretchian (State Bar No. 171741) [e-mail] Ross Campbell (State Bar No. 234827) Rcampbell@Coast LawGroup.com COAST LAW GROUP, LLP 1140 South Coast Highway 101 Encinitas, California 92024 Tel: [phone] Fax: [phone] Attorneys for Defendants, SHAWN HOGAN and DIGITAL POINT SOLUTIONS, INC. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION EBAY, INC., ) ) Plaintiff, ) ) v. ) DIGITAL POINT SOLUTIONS, INC., SHAWN ) ) HOGAN, KESSLER'S FLYING CIRCUS, THUNDERWOOD HOLDINGS, INC., TODD ) ) DUNNING, DUNNING ENTERPRISE, INC., BRIAN DUNNING, BRIANDUNNING.COM, ) ) and Does 1-20, ) ) Defendants. ) ) Case No. CV 08-04052 JF PVT DECLARATION OF SEYAMACK KOURETCHIAN IN SUPPORT OF OPPOSITION OF DEFENDANTS DIGITAL POINT SOLUTIONS, INC. AND SHAWN HOGAN TO PLAINTIFF'S MOTION TO COMPEL Date: Time: Judge: Dept.: November 13, 2009 9:00 a.m. Hon. Patricia V. Trumbull Courtroom 5

I, Seyamack Kouretchian, declare: 1. I am an attorney at law duly authorized to practice law before the United States District

Court for the Northern District of California and am a partner with Coast Law Group, LLP attorneys of record for defendants Shawn Hogan and Digital Point Solutions, Inc. If called upon as a witness I could and would competently testify to the following facts. 2. On September 22, 2009, I spoke via telephone with Assistant U.S. Attorney Kyle

Waldinger of the United States Attorney's Office for the Northern District of California (USAO). The
D e c la ra tio n of Seyamack Kouretchian in Support of D P S Defendants' Opposition to M o t io n to Compel 1 Case No. CV 08-04052 JF PVT

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subject of the conversation was the pending criminal investigation being undertaken by the USAO and the Federal Bureau of Investigation. During the course of the conversation, Mr. Waldinger indicated the following:: (1) Mr. Hogan is the subject of an ongoing criminal investigation as to whether activities associated with Plaintiff's affiliate marketing program constitute wire fraud under 18 U.S.C. §1343; (2) the scope of the investigation relates to the "cookie stuffing" schemes alleged against the Defendants in this case; (3) Mr. Waldinger believes that Section 1343 has been violated; (4) the USAO intends to seek an indictment based on the foregoing; and (5) and it is likely that an indictment will be issued within the early part of next year. 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: October 23, 2009 s/Seyamack Kouretchian COAST LAW GROUP, LLP Attorney for Defendants, Shawn Hogan and Digital Point Solutions, Inc.

D e c la ra tio n of Seyamack Kouretchian in Support of D P S Defendants' Opposition to M o t io n to Compel

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Case No. CV 08-04052 JF PVT