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)

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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 11 Attorneys for Defendant Fusion Garage PTE Ltd. 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN FRANCISCO DIVISION 16 TECHCRUNCH, INC., a Delaware corporation, and CRUNCHPAD, INC., a 17 Delaware corporation, 18 19 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. 22 Date: October 18, 2011 Time: 10:00 a.m. Judge: Hon. Paul Singh Grewal Location: San Jose, Courtroom 5, 4th Floor 23 24 25 26 27 28 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 2 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. 12 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. 17 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. 19 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. 23 I declare under penalty of perjury under the laws of the United States of America that the 24 foregoing is true and correct. 25 Executed on September 9, 2011, at San Francisco, California. 26 27 /s/ Joshua L. Sohn Joshua L. Sohn 28 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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