Interserve, Inc. et al v. Fusion Garage PTE. LTD
Filing
212
MOTION to Compel filed by Fusion Garage PTE. LTD. Motion Hearing set for 10/18/2011 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 9/23/2011. Replies due by 9/30/2011. (Attachments: # 1 Proposed Order, # 2 Request for Judicial Notice, # 3 Request for Judicial Notice, Ex. 1, # 4 Affidavit Sohn, # 5 Exhibit Sohn Ex. 1, # 6 Exhibit Sohn Ex. 2)(Pennypacker, Evette) (Filed on 9/9/2011)
1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Claude M. Stern (Bar No. 96737)
2
claudestern@quinnemanuel.com
Evette D. Pennypacker (Bar No. 203515)
3
evettepennypacker@quinnemanuel.com
Thomas R. Watson (Bar No. 227264)
4
tomwatson@quinnemanuel.com
555 Twin Dolphin Dr., 5th floor
5 Redwood Shores, CA 94065
Telephone: (650) 801-5000
6 Facsimile: (650) 801-5100
7
Joshua L. Sohn (Bar No. 250105)
joshuasohn@quinnemanuel.com
8
Sam S. Stake (Bar No. 257916)
samstake@quinnemanuel.com
9 50 California Street, 22nd Floor
San Francisco, California 94111
10 Telephone:
(415) 875-6600
Facsimile:
(415) 875-6700
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Attorneys for Defendant Fusion Garage PTE Ltd.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
16 TECHCRUNCH, INC., a Delaware
corporation, and CRUNCHPAD, INC., a
17 Delaware corporation,
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Plaintiffs,
CASE NO. C 09-cv-5812 RS (PSG)
DECLARATION OF JOSHUA L. SOHN
IN SUPPORT OF FUSION GARAGE’S
MOTION TO COMPEL
vs.
20 FUSION GARAGE PTE LTD., a Singapore
company,
21
Defendant.
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Date: October 18, 2011
Time: 10:00 a.m.
Judge: Hon. Paul Singh Grewal
Location: San Jose, Courtroom 5, 4th Floor
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Case No. C 09-cv-5812 RS (PSG)
DECLARATION OF JOSHUA L. SOHN IN SUPPORT OF FUSION GARAGE’S MOTION TO COMPEL
1
DECLARATION OF JOSHUA L. SOHN
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I, Joshua L. Sohn, hereby declare as follows:
3
1.
I am an attorney in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,
4 counsel for Fusion Garage PTE Ltd. I have personal knowledge of the facts set forth in this
5 declaration and, if called upon as a witness, I could and would testify to such facts under oath.
6
2.
On December 21, 2010, I met and conferred with Matthew Scherb, now former
7 counsel for Plaintiffs, regarding Plaintiffs’ refusal to produce documents in response to Fusion
8 Garage Request for Production Nos. 97, 98, 99, 100, 102, and 103 relating to the alleged
9 partnership and resulting litigation between TechCrunch and Jason Calacanis. Mr. Scherb stated
10 that Plaintiffs were unwilling to produce documents responsive to these requests on the grounds
11 they are not relevant to the instant litigation.
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3.
Mr. Sherb and I further discussed whether Plaintiffs would agree to produce
13 documents responsive to Fusion Garage’s Requests for Production Nos. 93 and 94 regarding
14 TechCrunch’s acquisition by AOL, including the final, signed agreements. Mr. Scherb stated that
15 he would confer with Plaintiffs and later confirm whether Plaintiffs would agree to produce these
16 documents.
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4.
Attached hereto as Exhibit 1 is a true and correct copy of my letter to Mr. Scherb,
18 dated December 21, 2010, memorializing our meet and confer.
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5.
Attached hereto as Exhibit 2 is a true and correct copy of Mr. Scherb’s January 7,
20 2011 letter responding to my December 21, 2010 letter in which Plaintiffs stated they would
21 produce its AOL related documents “in early March,” but would not produce the final
22 TechCrunch/AOL acquisition agreements.
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I declare under penalty of perjury under the laws of the United States of America that the
24 foregoing is true and correct.
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Executed on September 9, 2011, at San Francisco, California.
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/s/ Joshua L. Sohn
Joshua L. Sohn
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Case No. C 09-cv-5812 RS (PSG)
-1DECLARATION OF JOSHUA L. SOHN IN SUPPORT OF FUSION GARAGE’S MOTION TO COMPEL
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