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

Filing 157

Declaration of Sharon M. Bunzel in Support of 155 Reply Memorandum, 154 Reply Memorandum,, 153 Reply Memorandum,, OMNIBUS DECLARATION OF SHARON M. BUNZEL IN SUPPORT OF EBAY INC.S REPLIES IN SUPPORT OF ITS MOTIONS TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION, INTERROGATORIES AND REQUESTS FOR ADMISSION filed byeBay Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Related document(s) 155 , 154 , 153 ) (Kennedy, Colleen) (Filed on 10/30/2009)

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

Doc. 157

Case5:08-cv-04052-JF Document157

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DAVID R. EBERHART (S.B. #195474) [e-mail] SHARON M. BUNZEL (S.B. #181609) [e-mail] COLLEEN M. KENNEDY (S.B. #227107) [e-mail] O'MELVENY & MYERS LLP Two Embarcadero Center, 28th Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff eBay Inc. UNITED STATES DISTRICT COURT 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. C 08-04052 JF PVT OMNIBUS DECLARATION OF SHARON M. BUNZEL IN SUPPORT OF EBAY INC.'S REPLIES IN SUPPORT OF ITS MOTIONS TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION, INTERROGATORIES AND REQUESTS FOR ADMISSION Hearing Date: November 13, 2009 Time: 10:00 a.m. Courtroom: 5 Judge: Hon. Patricia V. Trumbull

BUNZEL OMNIBUS DECL. ISO REPLIES ISO MOTION TO COMPEL CASE NO. C-08-4052 JF PVT

Dockets.Justia.com

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I, Sharon M. Bunzel, declare as follows: 1. I am a member of the Bar of the State of California and a partner in the law

firm of O'Melveny & Myers LLP, counsel for eBay Inc. in this matter. I submit this Declaration in support of 1) eBay's Reply in support of its Motion to Compel Responses to Requests for Production, Interrogatories and Requests for Admission from Defendants Digital Point Solutions, Inc. and Shawn Hogan; 2) eBay's Reply in support of its Motion to Compel Responses to Requests for Production, Interrogatories, and Requests for Admission from Defendants Brian Dunning, Thunderwood Holdings, Inc., Briandunning.com, and Kessler's Flying Circus; and 3) eBay's Reply in support of its Motion to Compel Responses to Requests for Production from Defendants Todd Dunning and Dunning Enterprise, Inc. I have personal knowledge of the facts set forth in this declaration and, if called to testify as a witness, could and would do so under oath. 2. Attached hereto as Exhibit 1 is a true and correct copy of the transcript of

the September 25, 2009 Case Management Conference in this matter before United States District Court Judge Jeremy Fogel. 3. Attached hereto as Exhibit 2 is a true and correct copy of an October 28,

2009 email from Ross Campbell to Colleen Kennedy regarding DPS, Inc.'s responses to eBay's Requests for Production. 4. Attached hereto as Exhibit 3 is a true and correct copy of a July 29, 2009

letter from Colleen Kennedy to Ross Campbell regarding DPS, Inc.'s responses to eBay's Requests for Production. 5. Attached hereto as Exhibit 4 is a true and correct copy of a September 10,

2009 letter from Colleen Kennedy to Perry Robinson regarding Rackspace's response to eBay's Amended Subpoena. 6. Attached hereto as Exhibit 5 is a true and correct copy of a September 16,

2009 letter from Colleen Kennedy to Steve Priolo regarding Rackspace's response to eBay's Amended Subpoena. 7. Attached hereto as Exhibit 6 is a true and correct copy of the parties' initial
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Joint Case Management Statement, filed in this matter on January 9, 2009. 8. Attached hereto as Exhibit 7 is a true and correct copy of the transcript of

the August 14, 2009 Case Management Conference in this matter before United States District Court Judge Jeremy Fogel. 9. Attached hereto as Exhibit 8 is a true and correct copy of Dunning

Enterprise, Inc.'s Responses to eBay's First Set of Requests for Production, dated February 26, 2009. 10. Attached hereto as Exhibit 9 is a true and correct copy of an October 20,

2009 email from Stewart Foreman to Colleen Kennedy regarding Dunning Enterprise's Inc.'s responses to eBay's Requests for Production.

I declare under penalty of perjury under the laws of the United States and the State of California that the foregoing is true and correct. Signed on this 30th day of October, 2009 in San Francisco, California. ____/s/ Sharon M. Bunzel_____ Sharon M. Bunzel

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BUNZEL OMNIBUS DECL. ISO REPLIES ISO MOTION TO COMPEL CASE NO. C-08-4052 JF PVT