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

Filing 41

Declaration of Patrick C. Doolittle in Support of 40 MOTION to reset hearing to May 6, 2010 or another later date that is convenient to the Court's calendar filed byFusion Garage PTE. LTD. (Related document(s) 40 ) (Doolittle, Patrick) (Filed on 3/30/2010)

1 QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP Claude M. Stern (Bar No. 96737) [e-mail] 2 Patrick Doolittle (Bar No. 203659) [e-mail] 3 50 California Street, 22nd Floor 4 San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] 5 6 Attorneys for Defendant Fusion Garage PTE. Ltd 7 8 9 10 11 12 INTERSERVE, INC. dba TECHCRUNCH, a Delaware corporation, and CRUNCHPAD, 13 INC., a Delaware corporation, 14 15 vs. Plaintiffs, CASE NO. 09-cv-5812 RS DECLARATION IN SUPPORT OF MOTION FOR ADMINISTRATIVE RELIEF OR, IN THE ALTERNATIVE, MOTION TO CHANGE TIME UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

16 FUSION GARAGE PTE. LTD, a Singapore company, 17 Defendant. 18 19 20 21 22 23 24 25 26 27 28
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I, PATRICK C. DOOLITTLE declare as follows: 1. I am a member of the bar of the State of California and a partner in Quinn Emanuel

3 Urquhart & Sullivan, LLP, attorneys for Defendant Fusion Garage. Unless otherwise noted, I 4 make this declaration of personal knowledge, and if called and sworn as a witness, I could and 5 would testify competently thereto. 6 2. On February 22, 2010, when this case was still assigned to the Honorable James

7 Ware, Plaintiffs filed a motion for preliminary injunction ("PI Motion"). The hearing date for this 8 motion was set for May 3, 2010 ­ which was also the hearing date for Fusion Garage's Motion to 9 Dismiss, to Strike, and for a More Definite Statement ("Motion to Dismiss"). Plaintiffs attempted 10 to advance the hearing on the PI Motion to March 29, 2010, but Judge Ware declined to advance 11 it, ruling that the PI Motion would instead be heard on May 3, 2010 along with Fusion Garage's 12 Motion to Dismiss. 13 3. After the Court re-assigned the case to the Honorable Richard Seeborg, Plaintiffs

14 re-noticed their PI Motion for April 29, 2010. Plaintiffs re-noticed the PI Motion without 15 consulting with Fusion Garage's counsel. 16 4. Plaintiffs' chosen date of April 29, 2010 is inconvenient. For instance, Plaintiffs

17 have agreed to make a 30(b)(6) deponent available for deposition on April 2, 2010. Given that 18 Fusion Garage's opposition to the PI Motion would be due April 8 if the PI Motion were heard on 19 April 29, I do not believe that Fusion Garage would have adequate time to receive and review the 20 deposition transcript or incorporate the testimony into their opposition to the PI Motion under the 21 schedule that Plaintiffs unilaterally selected. Furthermore, based on what one of my colleagues 22 working on the case has told me, Plaintiffs have currently produced only 330 pages of documents 23 in response to Fusion Garage's discovery requests. Thus, under Plaintiffs' schedule, Fusion 24 Garage would have to file its opposition to the PI Motion before receiving a full set of Plaintiffs' 25 documents. 26 5. Fusion Garage sought Plaintiffs' agreement to re-set the PI Motion (as well as the

27 Motion to Dismiss) to May 6, 2010. Plaintiffs responded that they would only agree to a May 6, 28 2010 hearing date if Fusion Garage would present a witness, Mr. Chandra Rathakrishnan, for -2-

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1 deposition by April 15, 2010. However, Mr. Rathakrishnan lives and works in Singapore, and 2 Plaintiffs have previously requested that Mr. Rathakrishnan sit for deposition in the United States 3 if possible. Fusion Garage has agreed to work with Plaintiffs to try and coordinate a deposition in 4 the United States when Mr. Rathakrishnan is traveling here on business. 5 I declare under penalty of perjury under the laws of the United States of America that the

6 foregoing is true and correct. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3Executed this 30th day of March 2010 at San Francisco, California. /s/ Patrick C. Doolittle Patrick C. Doolittle

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