Interserve, Inc. et al v. Fusion Garage PTE. LTD

Filing 117

MOTION for Leave to File Supplemental Declarations in Further Support of Plaintiffs' Motion for Preliminary Injunction filed by CrunchPad, Inc., Interserve, Inc.. (Attachments: # 1 Declaration ISO Motion for Leave, # 2 Proposed Order, # 3 Supp. Bridges Decl. in Further Support of Plaintiffs' Preliminary Injunction Motion, # 4 Supp. Bridges Decl. in Further Support of Plaintiffs' Preliminary Injunction Motion (REDACTED VERSION), # 5 Supp. Teare Decl. in Further Support of Plaintiffs' Preliminary Injunction Motion)(Scherb, Matthew) (Filed on 5/11/2010)

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101 California Street San Francisco, CA 94111-5894

Andrew P. Bridges (SBN: 122761) [e-mail] David S. Bloch (SBN: 184530) [e-mail] Matthew A. Scherb (SBN: 237461) [e-mail] WINSTON & STRAWN LLP 101 California Street, 39th Floor San Francisco, CA 94111-5802 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs INTERSERVE, INC., dba TECHCRUNCH and CRUNCHPAD, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Winston & Strawn LLP

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ADMIN. MOT. FOR LEAVE TO FILE SUPP. DECLS. ISO PI
SF:281694.2

INTERSERVE, INC., dba TECHCRUNCH, ) a Delaware corporation, and CRUNCHPAD, ) INC., a Delaware corporation, ) ) Plaintiffs, ) ) vs. ) ) FUSION GARAGE PTE. LTD., a Singapore ) company, ) ) Defendant. ) ) )

Case No. CV-09-5812 RS (PVT) ADMINISTRATIVE MOTION FOR LEAVE TO FILE SUPPLEMENTAL DECLARATIONS IN SUPPORT OF PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION

Case No. 09-CV-5812 RS (PVT)

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101 California Street San Francisco, CA 94111-5894

Pursuant to Local Civil Rules 7-11, Plaintiffs seek leave to file two documents in further support of their preliminary injunction motion: (1) Supplemental Declaration of Andrew P. Bridges in Further Support of Plaintiffs' Motion for Preliminary Injunction ("Bridges Declaration"); and (2) Supplemental Declaration of Keith Teare in Further Support of Plaintiffs' Motion for Preliminary Injunction ("Teare Declaration") (collectively the "Proposed Declarations"). Plaintiffs lodge the Proposed Declarations along with this motion. Plaintiffs filed their reply brief supporting their preliminary injunction motion on May 3, 2010. On May 3, 2010 and again on May 5, 2010, Defendant and third-party McGrath Power produced approximately 38,000 pages of additional documents. Defendant produced approximately 9,200 additional pages and McGrath Power produced approximately 27,000 pages. Plaintiffs did not have the opportunity to incorporate these documents into their reply brief. Plaintiffs nonetheless believe that the Court should have the opportunity to review a small number of these documents before the hearing on Plaintiffs' preliminary injunction motion this Thursday. The Bridges Declaration contains three new, highly relevant documents from Fusion Garage and McGrath Power that were unavailable to Plaintiffs for use in their reply brief. (Bridges Decl. ¶¶ 2-5 & Exs. 1-3.) These three documents bear a "Confidential" designation, so Plaintiffs cannot discuss them in detail in this public brief. But the Bridges Declaration, lodged under seal, attaches and describes each of these documents. At a high level, the documents shed additional light on Defendant's plot to end its relationship with Plaintiffs and Defendant's misappropriation of one particular fruit of the CrunchPad venture in breach of its duty to Plaintiffs. The Bridges Declaration also contains one email that Plaintiffs produced earlier in the litigation but whose true relevance only became apparent after discovery of Exhibit 3. Id. ¶ 6 & Ex. 4. The Teare Declaration, like Exhibit 4 to the Bridges Declaration, sheds further light on Exhibit 3. Id. ¶ 7. Defendant has informed Plaintiffs that it does not consent to the relief this motion seeks. -1ADMIN. MOT. FOR LEAVE TO FILE SUPP. DECLS. ISO PI
SF:281694.2

Winston & Strawn LLP

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Case No. 09-CV-5812 RS (PVT)

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101 California Street San Francisco, CA 94111-5894

Respectfully submitted, Dated: May 11, 2010 WINSTON & STRAWN LLP By: /s/ Andrew P. Bridges David S. Bloch Matthew A. Scherb Attorneys for Plaintiffs

Winston & Strawn LLP

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2ADMIN. MOT. FOR LEAVE TO FILE SUPP. DECLS. ISO PI
SF:281694.2

Case No. 09-CV-5812 RS (PVT)