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

Filing 182

Letter from David Eberhart Regarding the Status of Criminal Proceedings in Response to Judge Trumbull's November 19, 2009 Order. (Kennedy, Colleen) (Filed on 1/12/2010)

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eBay Inc. v. Digital Point Solutions, Inc. et al Doc. 182 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 K.A.D. CAMARA (TX Bar No. 24062646/ MA Bar No. 661087 Admitted Pro Hac Vice) camara@camarasibley.com KENT RADFORD (TX Bar No. 24027640 Admitted Pro Hac Vice) radford@camarasibley.com CAMARA & SIBLEY LLP 2339 University Boulevard Houston, Texas 77005 Telephone: (713) 893-7973 Facsimile: (713) 583-1131 EUGENE ACTION (SBN 223023) eugeneaction@hotmail.com 1780 E. Barstow Ave., #5 Fresno, California 93710 Telephone: (559) 283-9772 Facsimile: (559) 642-2843 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION APPLE INC., a California corporation, Plaintiff, v. PSYSTAR CORPORATION, Defendants. AND RELATED COUNTERCLAIMS CASE NO. CV-08-03251-WHA PSYSTAR CORPORATION'S NOTICE OF MOTION FOR SUMMARY JUDGMENT NOTICE OF MOTION FOR SUMMARY JUDGMENT TO ALL PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that on November 12, 2009, or as soon thereafter as the matter may be heard in the courtroom of the Honorable William Alsup, located at 450 Golden Gate Avenue, San Francisco, California 94102, Defendant and Counterclaimant Psystar Corporation will move for Summary Judgment. The summary judgment motion will be based on this Notice of Motion, the brief included in this motion, all records, pleadings and Orders in this action, and such further argument as PSYSTAR CORPORATION'S NOTICE OF MOTION FOR SUMMARY JUDGMENT CV 08-03251 WHA 1 Dockets.Justia.com 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 this Court may permit. Dated: October 8, 2009 Respectfully submitted, CAMARA & SIBLEY LLP By: /s/ K.A.D. Camara____________________________ K.A.D. Camara Attorneys for Defendant / Counterclaimant Psystar Corporation PSYSTAR CORPORATION'S NOTICE OF MOTION FOR SUMMARY JUDGMENT CV 08-03251 WHA 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 CERTIFICATE OF SERVICE I, Michael Wilson, declare I am employed in the City of Houston and County of Harris, Texas in the office of Camara & Sibley. I am over the age of eighteen and not a party to this action. My business address is Camara & Sibley, 2339 University Boulevard, Houston, Texas 77005. I served the following document(s): PSYSTAR CORPORATION'S NOTICE OF MOTION FOR SUMMARY JUDGMENT Case No. CV 08-03251 WHA on the interested parties in this action by placing a true and correct copy thereof, on the above date, enclosed in a sealed envelope, following the ordinary business practice of Camara & Sibley LLP. I sent the document(s) to the following: James G. Gilliland, Jr. TOWNSEND AND TOWNSEND AND CREW LLP Two Embarcadero Center, 8th Floor San Francisco, California 94111 Telephone: (415) 576-0200 Facsimile: (415) 576-0300 email: jggilliland@townsend.com [By First Class Mail] I am readily familiar with my employer's practice for collecting and processing documents for mailing with the United States Postal Service. On the date listed herein, following ordinary business practice, I served the within document(s) at my place of business, by placing a true copy thereof, enclosed in a sealed envelope, with postage thereon fully prepaid, for collection and mailing with the United States Postal Service where it would be deposited with the United States Postal Service that same day in the ordinary course of business. [By Overnight Courier] I caused each envelope to be delivered by a commercial carrier service for overnight delivery to the offices of the addressee(s). [By Hand] I directed each envelope to the party(ies) so designated on the service list to be delivered by courier this date. [By Facsimile Transmission] I caused said document to be sent by facsimile transmission to the fax number indicated for the party(ies) listed above. [By Electronic Transmission] I caused said document to be sent by electronic transmission to the e-mail address indicated for the party(ies) listed above via the court's ECF notification system. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct, and that this declaration was executed on October 8, 2009 at Houston, Texas. /s/ Michael Wilson Michael Wilson PSYSTAR CORPORATION'S NOTICE OF MOTION FOR SUMMARY JUDGMENT CV 08-03251 WHA 3

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