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

Filing 169

REDACTION to 81 Memorandum in Opposition, Scherb Declaration (Re-filed pursuant to order dated 9/10/2010.) by CrunchPad, Inc., Interserve, Inc.. (Scherb, Matthew) (Filed on 9/16/2010)

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1 2 3 4 5 6 7 8 9 10 101 California Street San Francisco, CA 94111-5802 Andrew P. Bridges (SBN: 122761) ABridges@winston.com David S. Bloch (SBN: 184530) DBloch@winston.com Matthew A. Scherb (SBN: 237461) MScherb@winston.com WINSTON & STRAWN LLP 101 California Street, 39th Floor San Francisco, CA 94111-5802 Telephone: (415) 591-1000 Facsimile: (415) 591-1400 Attorneys for Plaintiffs INTERSERVE, INC., dba TECHCRUNCH and CRUNCHPAD, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 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) DECLARATION OF MATTHEW SCHERB IN OPPOSITION TO FUSION GARAGE'S MOTION TO DISMISS THE COMPLAINT Date: Time: Place: May 13, 2010 1:30 P.M. Courtroom 3, 17th Floor 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Winston & Strawn LLP I, Matthew A. Scherb, declare: 1. I am an attorney at law duly licensed to practice before all the Courts of the State of California, and a member in good standing of the Bar of the United States District Court for the Northern District of California. I am an associate with the law firm of Winston & Strawn LLP, counsel of record in this action for Plaintiffs. 2. Exhibit A to this declaration is a true and correct copy of the document that Defendant produced in this litigation starting with Bates number FG0029727. -1DECL. OF M. SCHERB IN OPPOSITION TO MOTION TO DISMISS - Case No. 09-CV-5812 1 2 3 4 5 6 7 8 9 10 101 California Street San Francisco, CA 94111-5802 3. Exhibit B to this declaration is a true and correct copy of the document that Defendant produced in this litigation starting with Bates number FG0013268. 4. Exhibit C to this declaration is a true and correct copy of the document that Defendant produced in this litigation starting with Bates number FG0013395. 5. Exhibit D to this declaration is a true and correct copy of the document that Defendant produced in this litigation starting with Bates number FG0029940. 6. Exhibit E to this declaration is a true and correct copy of the document that Defendant produced in this litigation starting with Bates number FG0029960. 7. Exhibit F to this declaration is a true and correct copy of the document that Defendant produced in this litigation starting with Bates number FG0030068. 8. Exhibit G to this declaration is a true and correct copy of the document that 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Winston & Strawn LLP Defendant produced in this litigation starting with Bates number FG0029927. 9. Exhibit H to this declaration is a true and correct copy of page 379 of the April 20, 2010 deposition transcript of Plaintiffs' Michael Arrington in this litigation. 10. Exhibit I to this declaration is a true and correct copy of the document that Defendant produced in this litigation starting with Bates Number FG0000250. 11. Exhibit J to this declaration is a true and correct copy of the document that Defendant produced in this litigation starting with Bates Number FG0030010. I declare under penalty of perjury that the foregoing is true and correct. Executed this 26th day of April, 2010, in San Francisco, California. /s/ Matthew A. Scherb SF:280453.2 -2DECL. OF M. SCHERB IN OPPOSITION TO MOTION TO DISMISS - Case No. 09-CV-5812

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