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

Filing 244

Declaration of Nicholas W. Short in Support of 242 MOTION for Default Judgment by the Court as to Plaintiffs' Application for Default Judgment Against Defendant Fusion Garage PTE, Ltd. filed byCrunchPad, Inc., Interserve, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Related document(s) 242 ) (Bloch, David) (Filed on 3/23/2012)

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WINSTON & STRAWN LLP
David S. Bloch (SBN: 184530)
[e-mail]
Nicholas W. Short (SBN: 253922)
[e-mail]
101 California Street, Suite 3900
San Francisco, CA 94111-5802
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiffs

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NORTHERN DISTRICT OF CALIFORNIA

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101 California Street
San Francisco, CA 94111-5802

UNITED STATES DISTRICT COURT

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Winston & Strawn LLP

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SAN FRANCISCO DIVISION

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TECHCRUNCH, INC., et al.

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Plaintiffs,
vs.
FUSION GARAGE PTE. LTD.,
Defendant.

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Case No. C 09-cv-05812-RS (PSG)
DECLARATION OF NICHOLAS W.
SHORT IN SUPPORT OF PLAINTIFFS’
APPLICATION FOR DEFAULT
JUDGMENT AGAINST DEFENDANT
FUSION GARAGE PTE, LTD.
Date:
Time:
Judge:
Location:

April 19, 2012
1:30 p.m.
Hon. Richard Seeborg
Courtroom 3, 17th Floor

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-1DECL. OF NICHOLAS W. SHORT ISO PLS.’ APPL. FOR DEFAULT
JUDGMENT AGAINST DEF. FUSION GARAGE PTE., LTD.

Case No. C 09-cv-05812-RS (PSG)

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I, Nicholas W. Short, declare as follows:

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1.

I am an associate with the law firm of Winston & Strawn LLP and a member in good

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standing of the Bar of this Court. I have personal knowledge of the facts set forth herein, and can

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testify competently to the same if asked to do so.

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2.

Attached hereto as Exhibit A is a true and correct copy of a string of email

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correspondence, to which Chandrasekar Rathakrishnan was a party, dated February 28, 2010.

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Defendant Fusion Garage PTE, Ltd. produced this email string in this litigation, and it has BATES

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stamp FG00042327-FG00042329.

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3.

Attached hereto as Exhibit B is a true and correct copy of a PayPal FIT Page for a

101 California Street
San Francisco, CA 94111-5802

Winston & Strawn LLP

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business account for Chandrasekar Rathakrishnan that PayPal, Inc. produced under subpoena in this

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lawsuit.

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4.

Attached hereto as Exhibit C is a true and correct copy of a PayPal FIT Page for

Chandrasekar Rathakrishnan that PayPal, Inc. produced under subpoena in this lawsuit.
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Attached hereto as Exhibit D is a true and correct copy of a PayPal FIT Page for

Chandrasekar Rathakrishnan that PayPal, Inc. produced under subpoena in this lawsuit.
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Attached hereto as Exhibit E is a true and correct copy of a PayPal FIT Page for

Chandrasekar Rathakrishnan that PayPal, Inc. produced under subpoena in this lawsuit.
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Attached hereto as Exhibit F is a true and correct printed copy of a WHOIS search

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result for a search that I ran for FusionGarage.com on the www.godaddy.com website on March 6,

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2012 by searching for that domain name and then clinking on a hyperlink to view the WHOIS listing

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for the domain name.

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8.

Attached hereto as Exhibit G is a true and correct printed copy of a WHOIS search

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result for a search that I ran for JooJoo.com on the www.godaddy.com website on March 6, 2012 by

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searching for that domain name and then clinking on a hyperlink to view the WHOIS listing for the

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domain name.

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9.

Attached hereto as Exhibit H is a true and correct copy of Fusion Garage Pte. Ltd.’s

Supplemental Responses to Interrogatory No. 10 in this lawsuit dated July 19, 2010.
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Attached hereto as Exhibit I is a true and correct copy of excerpts from the
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DECL. OF NICHOLAS W. SHORT ISO PLS.’ APPL. FOR DEFAULT
JUDGMENT AGAINST DEF. FUSION GARAGE PTE., LTD.

Case No. C 09-cv-05812-RS (PSG)

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deposition of Chandrasekar Rathakrishnan conducted in this lawsuit on April 22, 2010.

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I declare under penalty of perjury that the foregoing is true and accurate.

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Dated: March 23, 2012

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By: /s/ - Nicholas Short
Nicholas W. Short

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101 California Street
San Francisco, CA 94111-5802

Winston & Strawn LLP

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SF:329483.1

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-3DECL. OF NICHOLAS W. SHORT ISO PLS.’ APPL. FOR DEFAULT
JUDGMENT AGAINST DEF. FUSION GARAGE PTE., LTD.

Case No. C 09-cv-05812-RS (PSG)