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

Filing 83

REPLY to Response to Motion to Enforce Subpoena 53 filed byCrunchPad, Inc., Interserve, Inc.. (Attachments: # 1 Scherb Declaration, # 2 Scherb Declaration (Manual Filing Notice))(Scherb, Matthew) (Filed on 4/26/2010)

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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 RS (PVT) DECLARATION OF MATTHEW SCHERB IN SUPPORT OF PLAINTIFFS' MOTION TO ENFORCE SUBPOENA Date: May 11, 2010 Time: 10:00 A.M. Place: Courtroom 5, 4th Floor, San Jose

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Winston & Strawn LLP

-1DECL. OF M. SCHERB RE MOT. TO ENFORCE - Case No. 09-CV-5812

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101 California Street San Francisco, CA 94111-5802

I, Matthew A. Scherb, declare: 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 an associate with the law firm of Winston & Strawn LLP, counsel of record in this action for Plaintiffs. 2. Exhibit A to this declaration is a true and correct copy of the document that

Defendant produced in this litigation starting with Bates number FG00013268. 3. Exhibit B to this declaration is a true and correct copy of the document that

Defendant produced in this litigation starting with Bates number FG00013395. 4. Exhibit C to this declaration is a true and correct copy of the document that

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Defendant produced in this litigation starting with Bates number FG00029727. 5. Exhibit D to this declaration is a true and correct copy of the document that

Winston & Strawn LLP

Defendant produced in this litigation starting with Bates number FG00029927. 6. Exhibit E to this declaration is a true and correct copy of the document that Defendant

produced in this litigation starting with Bates number FG00029940. 7. Exhibit F to this declaration is a true and correct copy of the document that Defendant

produced in this litigation starting with Bates number FG00029960. 8. Exhibit G to this declaration is a true and correct copy of the document that

Defendant produced in this litigation starting with Bates Number FG00030068. 9. Exhibit H to this declaration is a true and correct copy of the document that

Defendant produced in this litigation starting with Bates Number FG00030270. I declare under penalty of perjury that the foregoing is true and correct. Executed this 26th day of April, 2010, in San Francisco, California. /s/ Matthew A. Scherb

SF:280506.1

-2DECL. OF M. SCHERB RE MOT. TO ENFORCE - Case No. 09-CV-5812