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

Filing 31

First MOTION to Dismiss for Failure to State a Claim filed by Digital Point Solutions, Inc., Shawn Hogan. Motion Hearing set for 12/12/2008 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Judical Notice, # 2 Exhibit 1, # 3 Declaration of Seyamack Kouretchian, # 4 Proposed Order)(Kouretchian, Seyamack) (Filed on 10/27/2008) .

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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 169 Saxony Road, Suite 204 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. ) ) I, Seyamack Kouretchian, declare: 1. I am an attorney at law duly authorized to practice law before the United States District Case No. CV 08-04052 JF PVT DECLARATION OF SEYAMACK KOURETCHIAN IN SUPPORT OF DEFENDANTS DIGITAL POINT SOLUTIONS, INC. AND SHAWN HOGAN'S PARTIAL MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM; [FRCP RULE 12(b)(6)] Date: December 12, 2008 Time: 9:00 a.m. Dept.: Courtroom 3

Court for the Northern District of California and am a partner with Coast Law Group, LLP attorneys of record for Defendants DIGITAL POINT SOLUTIONS, INC. and SHAWN HOGAN. If called upon as a witness I could and would competently testify to the following facts based upon my own personal knowledge, except as to those matters set forth on information and belief. /././

Declaration of Seyamack Kouretchian in Support of Defendants' Motion to Dismiss

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Case No. CV 08-04052 JF PVT

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On September 25, 2008, Coast Law Group requested that its attorney service obtain

certified copies of Defendant Digital Point Solutions, Inc.'s Articles of Information from the California Secretary of State. On October 8, 2008, Coast Law Group's attorney service delivered the document set forth in Exhibit 1 to Defendants' Request for Judicial Notice (referencing certification by the Secretary of State on October 3, 2008) to Coast Law Group. Based on the foregoing, I am informed and believe that RJN Exhibit 1 contains a true and correct copy of certified records from the California Secretary of State consisting of the Articles of Information of defendant Digital Point Solutions, Inc. I declare under penalty of perjury that the foregoing is true and correct. DATED: October 27, 2008 s/Seyamack Kouretchian COAST LAW GROUP, LLP 169 Saxony Road, Suite 204 Encinitas, CA 92024 Telephone: [phone] FAX: [phone] E-mail: [e-mail] Attorney for Defendants, Shawn Hogan and Digital Point Solutions, Inc.

Declaration of Seyamack Kouretchian in Support of Defendants' Motion to Dismiss

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Case No. CV 08-04052 JF PVT