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

Filing 91

Declaration of Colleen M. Kennedy in Support of 90 Memorandum in Opposition,, DECLARATION OF COLLEEN M. KENNEDY IN SUPPORT OF EBAY INC.S CONSOLIDATED OPPOSITION TO (1) THE MOTIONS TO DISMISS THE SECOND AMENDED COMPLAINT BY DEFENDANTS DIGITAL POINT SOLUTIONS, INC., SHAWN HOGAN, THUNDERWOOD HOLDINGS, INC., KESSLERS FLYING CIRCUS, BRIAN DUNNING, BRIANDUNNING.COM, TODD DUNNING, AND DUNNING ENTERPRISE, INC. ; AND (2) THE MOTIONS TO TRANSFER BY DEFENDANTS DIGITAL POINT SOLUTIONS, INC., SHAWN HOGAN, TODD DUNNING AND DUNNING ENTERPRISE, INC. 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, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34)(Related document(s) 90 ) (Eberhart, David) (Filed on 6/5/2009)

EXHIBIT 34

March 2. 2009

Ms. Christine Kiin e13ay. Inc.

Re:

Commission Junction, Inc. vs. Thunderwood Holdin~s, Inc. O.C.S.C. Case No. 30-2008 00 101025

Dear Ms. Kiin:
This letter is to accompany the civil subpoena that has just been served on you. 'fhe subpoena demands your presence at the trial of C hrnmission ,lzmction 1s. Thunclert~~oo~l Ilolding, e/ ill. at the Orange County Superior Court on the first day of trial. March 9. 2009. It is not our intention to inconvenience you in causing this subpoena to be served on you. It is a formality we must follow to ensure your availability. While the subpoena demands your attendance on the first day of trial, it is our practice to attempt to work out arrangements which are both more practical and more convenient for you. If you will agree to appear as necessary, following telephone notice from our office 24 hours prior to the time your appearance and testimony will actually be needed, it will not be necessary for you to appear at the court on the first day of trial.

I understand that it can be somewhat unsettling to be served with a subpoena requiring your appearance at court. However, it does provide you and your employer with proper notification that the trial is expected to proceed on a certain date, and that you will be called as a witness in that trial by counsel for the Plaintiffs. If you have questions about the testimony you will be asked to give, I encourage you to call Phil J. Montoya, Jr.. at your convenience, and he can explain the procedure, the testimony and answer any other questions jou may have.
At the bottoi11 of this letter is a simple form with a space fbr jour signature, which indicates that you are ~ i l l i n g appear to testify at the trial of C'onzmi.s.c.ion,Jzmctio~ to ~ls [I'hunclrru~ood tkoltlings, et. ul. folloming 24 hour telephone notice from our oflice. If you agree to appear in this fashion. I \-could request that you sign in the space indicated and rcturn this letter to me.

Ms. Christine Kim eI3ac. Inc. March 3. 2009

Again. if you have any questions concerning the above. plcase feel to call me or Mr. Phil J. Montoya, Jr. Wc look lix-ward to hearing from you.

Paralegal :mk cc: Phil .J. Montoya. Jr., Esq.

I agree to appear to testilji at the trial of the matter of ('onlnri.o.sion ,/zinction I~.Y. T/7zln~/er~'ood !folding, et crl. following 24 hour telephone notice ti-om Ilrtlster Law Offices
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