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

Filing 146

Declaration of Evette D. Pennypacker in Support of 145 Reply Memorandum filed byFusion Garage PTE. LTD. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 145 ) (Pennypacker, Evette) (Filed on 5/25/2010)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Claude M. Stern (Bar No. 96737) [e-mail] 2 Evette D. Pennypacker (Bar No. 203515) [e-mail] 3 555 Twin Dolphin Dr., 5th floor 4 Redwood Shores, CA 94065 Telephone: [phone] Facsimile: [phone] 6 Joshua L. Sohn (Bar No. 250105) Sam S. Stake (Bar No. 257916) 50 California St., 22nd floor 7 San Francisco, CA 94111 8 Telephone: [phone] Facsimile: [phone] 9 10 Attorneys for Defendant Fusion Garage PTE Ltd. 11 12 13 14 15 16 INTERSERVE, INC. dba TECHCRUNCH, a Delaware corporation, and CRUNCHPAD, 17 INC., a Delaware corporation, 18 19 vs. Plaintiffs, CASE NO. 09-cv-5812 RS (PVT) DECLARATION OF EVETTE D. PENNYPACKER IN SUPPORT OF REPLY TO FUSION GARAGE'S RENEWED MOTION FOR PROTECTIVE ORDER Date: June 8, 2010 Time: 10:00 a.m. Judge: Hon. Patricia Trumbull UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

20 FUSION GARAGE PTE. LTD, a Singapore company, 21 Defendant. 22 23 24 25 26 27 28
04049.51632/3512182.1

Case No. 09-cv-5812 RS (PVT) PENNYPACKER DECLARATION ISO REPLY TO RENEWED MOTION FOR PROTECTIVE ORDER

1 2

I, EVETTE D. PENNYPACKER, 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. Attached hereto as Exhibit A is a true and correct copy of excerpts from the May

7 13, 2010 hearing before Judge Seeborg regarding Fusion Garage's Motion to Dismiss and 8 Plaintiffs' Motion for Preliminary Injunction. 9 3. Attached hereto as Exhibit B is a true and correct copy of excerpts from the

10 deposition of TechCrunch 30(b)(6) representative Michael Arrington, dated April 20, 2010. 11 4. Attached hereto as Exhibit C is a true and correct copy of excerpts from Plaintiff

12 CrunchPad, Inc.'s Supplemental Responses to Fusion Garage's First Set of Interrogatories, dated 13 March 22, 2010. I am informed that Plaintiff Interserve, Inc. dba TechCrunch's Responses to 14 Fusion Garage's First Set of Interrogatories are identical to the attached responses in all material 15 respects. Thus, for efficiency, those responses are not also attached here but can be made 16 available upon request. 17 5. Attached hereto as Exhibit D is a true and correct copy of a TechCrunch blog post

18 entitled "CrunchPad Federal Lawsuit filed; Some Additional Thoughts," dated December 19, 19 2009, available at http://techcrunch.com/2009/12/11/crunchpad-federal-lawsuit-filed-some20 additional-thoughts/. 21 I declare under penalty of perjury under the laws of the United States of America that the

22 foregoing is true and correct. 23 24 25 26 27 28
04049.51632/3512182.1

Executed this 25th day of May 2010 at Redwood Shores, California. /s/ Evette D. Pennypacker Evette D. Pennypacker

Case No. 09-cv-5812 RS (PVT) -2PENNYPACKER DECLARATION ISO REPLY TO RENEWED MOTION FOR PROTECTIVE ORDER