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 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 SHAWN HOGAN IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL Date: Time: Judge: Dept.: November 13, 2009 9:00 a.m. Hon. Patricia V. Trumbull Courtroom 5

I, Shawn Hogan, declare: 1. I am an individual residing in San Diego, California, and am a named defendant in the

above-captioned civil action commenced by eBay, Inc. (Plaintiff). I have firsthand personal knowledge of the facts set forth herein. 2. I am the founder and sole shareholder, officer, director, and representative of defendant

Digital Point Solutions, Inc. I am the only person that has conducted business on behalf of the corporation. Digital Point Solutions, Inc. was incorporated on May 14, 2007; a true and correct copy of
D e c la r a tio n of Shawn Hogan in Support of DPS D e fe n d a n ts ' Opposition to M o t io n to Compel 1 Case No. CV 08-04052 JF PVT

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the Articles of Incorporation of Digital Point Solutions, Inc. are attached hereto as Exhibit 1. Digital Point Solutions, Inc. never conducted business with Plaintiff at any time, and never participated in Plaintiff's affiliate marketing program. For instance, Digital Point Solutions, Inc. never signed up to be an affiliate in Plaintiff's affiliate marketing program and never entered into any affiliate-related agreements. Further, Digital Point Solutions, Inc. never provided its tax identification number to Plaintiff, and never sought or received any commissions or other payments from Plaintiff or Commission Junction. Further, Digital Point Solutions, Inc. did not conduct any business of any kind until the Fall of 2007. 3. I have conducted business (and continue to conduct business) as a sole proprietorship,

including during the relevant time frames alleged in Plaintiff's Second Amended Complaint. The sole proprietorship was formed in early 1996. 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/Shawn Hogan COAST LAW GROUP, LLP Attorney for Defendants, Shawn Hogan and Digital Point Solutions, Inc.

D e c la r a tio n of Shawn Hogan in Support of DPS D e fe n d a n ts ' Opposition to M o t io n to Compel

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Case No. CV 08-04052 JF PVT

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