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

Filing 177

Declaration of Colleen M. Kennedy in Support of 176 Reply Memorandum DECLARATION OF COLLEEN M. KENNEDY IN SUPPORT OF EBAY INC.'S REPLY IN SUPPORT OF ITS OBJECTIONS TO MAGISTRATE JUDGE'S ORDER OF NOVEMBER 19, 2009 ON EBAY'S MOTIONS TO COMPEL filed byeBay Inc.. (Related document(s) 176 ) (Kennedy, Colleen) (Filed on 12/30/2009)

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

Doc. 177

Case5:08-cv-04052-JF Document177

Filed12/30/09 Page1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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 DECLARATION OF COLLEEN M. KENNEDY IN SUPPORT OF EBAY INC.'S REPLY IN SUPPORT OF ITS OBJECTIONS TO MAGISTRATE JUDGE'S ORDER OF NOVEMBER 19, 2009 ON EBAY'S MOTIONS TO COMPEL Hearing Date: None Set Time: None Set Courtroom: 3 Judge: Hon. Jeremy Fogel

KENNEDY DECL. ISO EBAY'S REPLY ISO OBJECTIONS TO ORDER CASE NO. C-08-4052 JF PVT

Dockets.Justia.com

Case5:08-cv-04052-JF Document177

Filed12/30/09 Page2 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I, Colleen M. Kennedy, declare as follows: 1. I am a member of the Bar of the State of California and associated with the

law firm of O'Melveny & Myers LLP, counsel for eBay Inc. in this matter. I submit this Declaration in support of eBay Inc.'s Reply in Support of its Objections to Magistrate Judge's Order of November 19, 2009 on eBay Inc.'s motions to compel. 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. I have been the principal point of contact with counsel for defendants Todd

Dunning and Dunning Enterprise, Inc. (the "TD Defendants") regarding all discovery issues, including those raised in eBay's motion to compel against the TD Defendants. Since the November 13, 2009 hearing before Magistrate Judge Trumbull on eBay's motions to compel, counsel for the TD Defendants has not communicated with counsel for eBay in any way with regard to either 1) providing a supplemental declaration from Todd Dunning stating that he has not provided documents to the government, or 2) reaching a stipulation that the provision of such a declaration would not constitute a waiver of Todd Dunning's Fifth Amendment privilege.

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 December, 2009 in San Francisco, California. ____/s/ Colleen M. Kennedy______ Colleen M. Kennedy

-2-

KENNEDY DECL. ISO EBAY'S REPLY ISO OBJECTIONS TO ORDER CASE NO. C-08-4052 JF PVT