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

Filing 84

Declaration of Sharon M. Bunzel in Support of 83 MOTION for Leave to File Excess Pages EBAY INC.S ADMINISTRATIVE MOTION FOR LEAVE TO EXCEED PAGE LIMIT FOR CONSOLIDATED OPPOSITION TO DEFENDANTS MOTIONS TO DISMISS AND/OR TRANSFER filed byeBay Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Related document(s) 83 ) (Kennedy, Colleen) (Filed on 5/29/2009)

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

Doc. 84

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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 DECLARATION OF SHARON M. BUNZEL IN SUPPORT OF EBAY INC.'S ADMINISTRATIVE MOTION FOR LEAVE TO EXCEED PAGE LIMIT FOR CONSOLIDATED OPPOSITION TO DEFENDANTS' MOTIONS TO DISMISS AND/OR TRANSFER
[N.D. CAL. L.R. 7-11]

BUNZEL DECL. ISO MOTION TO EXCEED PAGE LIMIT CASE NO. C-08-4052 JF

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 with the

law firm of O'Melveny & Myers LLP, counsel for eBay Inc. in this matter. I submit this Declaration in support of eBay's Administrative Motion for Leave to Exceed the Page Limit for its Consolidated Opposition to Defendants' Motions to Dismiss and/or Transfer. 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 competently. 2. 2009. 3. Since that time, Defendants have filed the following four Motions to eBay filed its Second Amended Complaint in this matter on March 26,

Dismiss and/or Transfer that Complaint: a Motion to Dismiss the Second Amended Complaint by Defendants Kessler's Flying Circus, Thunderwood Holdings, Inc., Brian Dunning and BrianDunning.com, filed on April 27, 2009; a Motion to Dismiss the Second Amended Complaint and to Transfer Venue by Defendants Todd Dunning and Dunning Enterprise, Inc., filed on April 27, 2009; a Motion to Dismiss the Second Amended Complaint by Defendants Digital Point Solutions, Inc. and Shawn Hogan, filed on April 27, 2009; and a Motion to Transfer by Defendants Digital Point Solutions, Inc. and Shawn Hogan, filed on May 22, 2009. Each of these motions was set for hearing on June 26, 2009, and all four oppositions are therefore due to be filed on June 5, 2009, one week from today. 4. On Wednesday, May 27, 2009, I sent an email to counsel for Defendants

requesting that they stipulate to extend the page limit for eBay's consolidated opposition to the pending Motions. My email attached a draft stipulation stating that eBay would be allowed ten extra pages for its consolidated opposition. A true and correct copy of that email and accompanying stipulation is attached as Exhibit A hereto. 5. Leo Presiado, counsel for Defendants Thunderwood Holdings, Inc., Brian

Dunning and BrianDunning.com, responded by email on May 28, 2009 that his clients were unwilling to stipulate to a ten-page extension of the page limit. A true and correct
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copy of that email is attached as Exhibit B hereto. 6. On the evening of May 28, 2009, I sent another email to counsel for

Defendants requesting that those who had not responded to eBay's request for stipulation in this matter do so by noon today, May 29, 2009. A true and correct copy of that email is attached as Exhibit C hereto. 7. Patrick McClellan, counsel for Defendant Kessler's Flying Circus,

responded by email on May 29, 2009 that his client was unwilling to stipulate to the extension. A true and correct copy of that email is attached as Exhibit D hereto. 8. Stewart Foreman, counsel for Defendants Todd Dunning and Dunning

Enterprise, Inc., responded by email on May 29, 2009 that his clients were unwilling to stipulate to the extension. A true and correct copy of that email is attached as Exhibit E hereto. 9. Ross Campbell, counsel for Defendants Digital Point Solutions, Inc. and

Shawn Hogan, responded by email on May 29, 2009 that his clients were unwilling to stipulate to the extension. A true and correct copy of that email is attached as Exhibit F hereto.

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 29th day of May, 2009 in San Francisco, California. ____/s/ Sharon M. Bunzel________ Sharon M. Bunzel

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BUNZEL DECL. ISO MOTION TO EXCEED PAGE LIMIT CASE NO. C-08-4052 JF