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

Filing 123

Declaration of Patrick C. Doolittle in Support of 122 Notice (Other) filed byFusion Garage PTE. LTD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 122 ) (Doolittle, Patrick) (Filed on 5/12/2010)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Claude M. Stern (Bar No. 96737) [e-mail] 2 Evette Pennypacker (Bar No. 203515) [e-mail] 3 555 Twin Dolphin Dr., 5th floor 4 Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] Patrick Doolittle (Bar No. 203659) [e-mail] 50 California Street, 22nd Floor 7 San Francisco, California 94111 [phone] 8 Telephone: Facsimile: [phone] 9 Attorneys for Defendant Fusion Garage PTE Ltd. 10 11 12 13 14 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 6

INTERSERVE, INC. dba TECHCRUNCH, a 16 Delaware corporation, and CRUNCHPAD, INC., a Delaware corporation, 17 Plaintiffs, 18 vs. 19 FUSION GARAGE PTE LTD., a Singapore 20 company, 21 22 23 24 25 26 27 28 Defendant.

CASE NO. C 09-cv-5812 RS (PVT) DECLARATION OF PATRICK C. DOOLITTLE IN SUPPORT OF FUSION GARAGE'S NOTICE OF FURTHER CHALLENGES TO CONFIDENTIALITY DESIGNATIONS FROM TRANSCRIPT OF TECHCRUNCH 30(B)(6) DEPOSITION (Exhibits Lodged Under Seal)

Case No. C 09-cv-5812 RS (PVT)
DECLARATION OF PATRICK C. DOOLITTLE IN SUPPORT OF FUSION GARAGE'S NOTICE OF FURTHER CONFIDENTIALITY CHALLENGES

1 2

I, PATRICK C. DOOLITTLE declare as follows: 1. I am a member of the bar of the State of California and a partner in Quinn Emanuel

3 Urquhart & Sullivan, LLP, attorneys for Defendant Fusion Garage. Unless otherwise noted, I 4 make this declaration of personal knowledge, and if called and sworn as a witness, I could and 5 would testify competently thereto. 6 2. Exhibit A is a true and correct copy of a May 6, 2010 letter from Plaintiffs'

7 counsel Matthew Scherb to myself, in which Plaintiffs designated certain testimony and exhibits 8 from the TechCrunch 30(b)(6) deposition as "Confidential" or "Highly Confidential- Attorneys' 9 Eyes Only." 10 3. Exhibit B is a true a correct copy of a document that Plaintiffs produced in this

11 litigation. This document purports to be an email exchange between TechCrunch personnel 12 Michael Arrington and Nik Cubrilovic, which was introduced as Exhibit 9 to the TechCrunch Rule 13 30(b)(6) deposition. This document should be provisionally filed under seal because TechCrunch 14 designated it as Confidential, although Fusion Garage is presently challenging this confidentiality 15 designation. 16 4. Exhibit C is a true a correct copy of a document that Plaintiffs produced in this

17 litigation. This document purports to be an email exchange between TechCrunch personnel 18 Michael Arrington and Nik Cubrilovic, which was introduced as Exhibit 10 to the TechCrunch 19 Rule 30(b)(6) deposition. This document should be provisionally filed under seal because 20 TechCrunch designated it as Confidential, although Fusion Garage is presently challenging this 21 confidentiality designation. 22 5. Exhibit D is a true and correct copy of excerpts from the transcript of the

23 TechCrunch Rule 30(b)(6) deposition. These excerpts should be provisionally filed under seal 24 because TechCrunch designated them as Confidential, although Fusion Garage is presently 25 challenging this confidentiality designation. 26 6. Fusion Garage's Notice of Further Challenges to Confidentiality Designations

27 From the Transcript of TechCrunch's 30(b)(6) Deposition ("Notice") discusses certain portions of 28 Exhibits B, C, and D. Accordingly, the Motion should be provisionally filed under seal as well, in
DECLARATION OF PATRICK C. DOOLITTLE IN SUPPORT OF FUSION GARAGE'S NOTICE OF FURTHER CONFIDENTIALITY CHALLENGES

-1-

Case No. C 09-cv-5812 RS (PVT)

1 order to protect the confidentiality of Exhibits B, C, and D. I will instruct my colleagues to file a 2 redacted version in the public record. 3 I declare under penalty of perjury under the laws of the United States of America that the

4 foregoing is true and correct. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case No. C 09-cv-5812 RS (PVT) -2DECLARATION OF PATRICK C. DOOLITTLE IN SUPPORT OF FUSION GARAGE'S NOTICE OF FURTHER CONFIDENTIALITY CHALLENGES

Executed this 12th day of May 2010 at San Francisco, California. /s/ Patrick C. Doolittle Patrick C. Doolittle