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

Filing 53

First MOTION to Compel and to Enforce Subpoena filed by CrunchPad, Inc., Interserve, Inc.. Motion Hearing set for 5/11/2010 10:00 AM in Courtroom 5, 4th Floor, San Jose. (Attachments: # 1 Bloch Declaration, # 2 Proposed Order)(Scherb, Matthew) (Filed on 4/5/2010)

1 2 3 4 5 6 7 8 9 10 11
101 California Street San Francisco, CA 94111-5894

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

Winston & Strawn LLP

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECL. ISO PS'. MOT. TO COMPEL & ENFORCE
SF:278747.1

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 RS (PVT) DECLARATION OF DAVID S. BLOCH IN SUPPORT OF PLAINTIFFS' MOTION TO COMPEL DEFENDANT'S PRODUCTION AND TO ENFORCE SUBPOENA TO MCGRATH POWER Date: May 11, 2010 Time: 10:00 A.M. Place: Courtroom 5, 4th Floor, San Jose (motion to shorten time pending)

Case No. 09-CV-5812 RS (PVT)

1 2 3 4 5 6 7 8 9 10 11
101 California Street San Francisco, CA 94111-5894

I, David S. Bloch, declare as follows: 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. Fusion Garage agreed to produce documents responsive to several requests for

production in its written responses that it served on February 5, 2010. Exhibit A to this declaration is a true and correct copy of Fusion Garage's written responses to Plaintiffs' first set of requests for production. Fusion Garage also agreed to supplement its written responses to agree to produce documents responsive to the following requests during conferences of counsel on March 18 and March 23, 2010: RFPs 2-3, 7-8, 21-22 (for now, public marketing materials, pending ruling on "trade secret" protective order motion), 25 (pending ruling, documents constituting or concerning communications with Pegatron not containing trade secrets) 26-27, 29, 30-31, 34, 36, 39, and 41. Despite the Court's order granting expedited discovery, Fusion Garage has produced a grand total of 50 pages of documents to date. 3. Third-party PR agency McGrath Power--also represented by Fusion Garage's

Winston & Strawn LLP

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

counsel--has failed to produce any documents despite TechCrunch's service of a Rule 45 subpoena for documents on January 7, 2010, almost three months ago, and despite an express promise to produce documents once a protective order was entered. A stipulated protective order was duly entered on March 11, Dkt. No. 35, yet McGrath Power still has produced nothing. Exhibit B to this declaration is a true and correct copy of McGrath Power's objections and responses to TechCrunch's subpoena. Exhibit C to this Declaration is an email from counsel for McGrath Power stating that "McGrath will be making a production. But we should meet and confer about the objections. Among other things, it doesn't want to produce anything without a protective order." // // // -1DECL. ISO PS'. MOT. TO COMPEL & ENFORCE
SF:278747.1

Case No. 09-CV-5812 RS (PVT)

1 2 3 4 5 6 7 8 9 10 11
101 California Street San Francisco, CA 94111-5894

4.

TechCrunch has noticed the deposition of Mr. Rathakrishnan for April 14, 2010.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 5th day of April, 2010. /s/ David S. Bloch CONCURRENCE IN FILING David S. Bloch concurs in the filing of this pleading. Dated: April 5, 2010 By: /s/ - Matthew A. Scherb Matthew A. Scherb

Winston & Strawn LLP

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2DECL. ISO PS'. MOT. TO COMPEL & ENFORCE
SF:278747.1

Case No. 09-CV-5812 RS (PVT)