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

Filing 27

MOTION to Shorten Time re 26 MOTION for Preliminary Injunction filed by CrunchPad, Inc., Interserve, Inc.. (Attachments: # 1 Bloch Declaration, # 2 Proposed Order)(Scherb, Matthew) (Filed on 2/22/2010) Modified on 2/23/2010,(counsel failed to properly link to motion.) (cv, COURT STAFF).

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101 California Street San Francisco, CA 94111-5802

Andrew P. Bridges (SBN: 122761) [e-mail] David S. Bloch (SBN: 184530) [e-mail] Matthew A. Scherb (SBN: 237461) [e-mail] WINSTON & STRAWN LLP 101 California Street, 39th Floor San Francisco, CA 94111-5802 Telephone: [phone] Facsimile: [phone] 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 JW (PVT) BLOCH DECLARATION IN SUPPORT OF PLAINTIFFS' MOTION TO CHANGE TIME OF HEARING

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Winston & Strawn LLP

-1BLOCH DECL. ISO PLAINTIFFS' MOT TO CHANGE TIME OF HEARING

Case No. 09-CV-5812

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101 California Street San Francisco, CA 94111-5802

I, David S. Bloch, declare under penalty of the laws of the United States of America: 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 a partner with the law firm of Winston & Strawn LLP, counsel of record in this action for Plaintiffs. I have personal knowledge of the facts set forth herein, and if called to testify could and would competently testify thereto. 2. Exhibit A is a true and correct copy of a web printout purporting to be a press release

from Fusion Garage, printed from Marketwire.com. The press release indicates that Fusion Garage plans to begin shipping JooJoo devices in February 2010. 3. Counsel had several exchanges over the course of February 22 concerning the

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requested relief, and I provided a copy of TechCrunch's administrative request to Patrick Doolittle, counsel for Fusion Garage, in late morning so that he could fully consider TechCrunch's request. Fusion Garage declined to stipulate to the requested relief. 4. The Court previously allowed certain discovery to proceed on an expedited basis to

Winston & Strawn LLP

"allow plaintiff to determine whether to seek an early injunction." (Dkt. No. 19.) The requested change in hearing date will not impact the overall case schedule. Executed this 22nd day of February, 2010 in San Francisco, California. /s/ David S. Bloch CONCURRENCE IN FILING David S. Bloch concurs in the filing of this pleading. Dated: February 22, 2010 By: /s/ - Matthew A. Scherb Matthew A. Scherb

SF:274759.1

-2BLOCH DECL. ISO PLAINTIFFS' MOT TO CHANGE TIME OF HEARING

Case No. 09-CV-5812