Leader Technologies, Inc., v. Facebook, Inc.

Filing 75

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Leader Technologies, Inc., v. Facebook, Inc. Doc. 75 1 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 GAUNTLETT & ASSOCIATES David A. Gauntlett (SBN 96399) James A. Lowe (SBN 214383) Brian S. Edwards (SBN 166258) Christopher G. Lai (SBN 249425) 18400 Von Karman, Suite 300 Irvine, California 92612 (949)553-1010 Telephone: (949) 553-2050 Facsimile: ja1gaunt1eu1aw. corn bse(gauntlett1aw.com cl(,gauntlettlaw. corn Attorneys for Defendants Akanoc Solutions, Inc., Managed Solutions Group, Inc. and Steve Chen UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION LOUIS VUITTON MALLETIER, S.A., ) Case No.: C 07-3952 JW ) ) Hon. James Ware Pltff am vs. ) ) ) ) ) ) ) ) ) ) DECLARATION OF JAMES A. LOWE IN SUPPORT OF DEFENDANTS' SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT Date: September 8, 2008 Dept: Courtroom 8, th 4 AKANOC SOLUTIONS, INC., et al., 21 22 Defendants. Floor 25 26 27 28 10562-002-8/4/2008-162392.1 DECLARATION OF JAMES A. LOWE TN SUPPORT OF DEFENDANTS' SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT C 07-3952 JW -- Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, JAMES A. LOWE, declare: 1. I am an attorney duly licensed to practice law before all courts of the State of California, as well as before the United States District Court for the Northern District of California, and I am a partner with the law firm of Gauntlett & Associates, counsel of record for Akanoc Solutions Inc., Managed Solutions Group, Inc. and Steve Chen, the Defendants in this lawsuit. The following attached exhibits to this declaration are true and accurate copies of portions of transcripts in the case and about which I have personal knowledge based upon my involvement in this case and having taken the depositions of each witness. 2. 3. Exhibit "1507" Exhibit "1508" Excerpts from deposition testimony of Nicolay Livadkin Excerpts from deposition testimony of Robert Holmes I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed at Irvine, California on this th 4 day of August 2008. 10562-002-8/4/2008-162392.1 4ECLARATION OF JAMES A. LOWE IN SUPPORT OF DEFENDANTS' SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT C 07-3952 .1W -- EXHIBIT 1507 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 vs. LOUIS VUITTON MALLETIER, Plaintiff, S.A., ) Case No. C073952JW AKANOC SOLUTIONS, INC., MANAGED SOLUTIONS GROUP, INC., STEVEN CHEN and DOES 1 through 10, inclusive, Defendants. Deposition of NIKOLAY LIVADKIN, taken on behalf of the Defendants, 18400 Von Karman, California, Wednesday, Tami L. Le, Suite 300, at Irvine, on commencing at 9:28 a.m., April 23, CSR No. 2008, 8716, before RPR. NIKOLAY LIVADKIN ARR(LEl 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 information? A Either DomainTools or Network Solutions or Netscan Tools. Q Okay. Do you remember doing this particular --- looking at information on this particular website? A Q Yes, Now, I have certainly done that. the date of this is August 29, 2007. That was after the date of the filing of this lawsuit? A Q Yes. And after you reviewed this information, did you do? Did you pass that on to what, if anything, someone? Did you send a letter to the defendants? MR. COOMBS: Exclude communications with counsel. THE DEPONENT: MR. my firm. COOMBS: Pardon? Exclude communications with me and ---- If there's anyone else as he said, did you send a notice to defendants? THE DEPONENT: defendants, Q no. LOWE: You did not send notice to I haven't sent notice to BY MR. defendants. A Okay. I have stopped attempting to contact defendants after we filed the lawsuit. Q So after the lawsuit was filed, you sent no 180 NIKOLAY LIVADKIN 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 more notices to the defendants? A No. Okay. It was done through our counsel. So Louis Vuitton sent no more notices to is that what Q the defendants after the lawsuit was filed; your testimony is? A Not MR. ---- not from what I recall. You'll be happy to see how fast I'm LOWE: going through these. MR. That's good. 000MBS: I should take some encouragement. Works for now. let me I'll go with that. THE DEPONENT: know. MR. MR. witness, LOWE: 000MBS: If you want any help, I appreciate that. You have to bear in mind, for the it's after midnight now. MR. LOWE: So now I'm going to ask him tough questions. Q Let's take a look at Exhibit 1063. (Document handed to counsel and the deponent.) Q A BY MR. LOWE: Can you tell me what this is? This is a printout of a website called Fashioner as F--A--S--H--I-O--N--E--R.com. brandfashioner.com. Q A Q What is the significance of this printout? This should be the home page for this website. Well, the whole document is what I'm talking 181 NIKOLAY LIVADKIN AtRR(Lfl 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I, DEPOSITION OFFICER'S CERTIFICATE STATE OF CALIFORNIA COUNTY OF ORANGE } } ss. } TAMI L. LE, hereby certify: I am a duly qualified Certified Shorthand Reporter in the State of California, holder of Certificate Number CSR 8716 issued by the Court Reporters Board of California and which is in full force andeffect. (Fed. R. Civ. P. 28(a)). I am authorized to administer oaths or affirmations pursuant to California Code of Civil Procedure, Section 2093(b) and prior to being examined, (Fed. R. Civ. the witness was first duly sworn by me. P. 28(a) , 30(f) (1)) I am not a relative, or employee or attorney or counsel of any of the parties, nor am I a relative or employee of such attorney or counsel, financially interested in this 28). action. nor am I (Fed. R. Civ. P. I am the deposition officer that stenographically recorded the testimony in the foregoing deposition and the foregoing transcript is a true record 25 /// 204 BARKLEY Court Roportero 1 2 3 4 5 6 7 8 9 10 testimony given by the witness. 30(f)(1)). (Fed. R. Civ. P. Before completion of the deposition, a review of the transcript [x] was [ I was not requested. If requested, any changes made by the deponent (and provided to the reporter) during the period allowed, are appended hereto. (Fed. R. Civ. P. 30 (e)). Dated: May 2, 2008. AMI L. E 13 14 15 16 17 18 19 20 21 22 Cer fied Sho and R orter No. 8716, RPR. 23 24 25 205 EXHIBIT 1508 1 2 3 4 5 VS 6 7 8 9 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION LOUIS VUITTON MALLETIER, S.A., PLAINTIFF )C.A. NO. C 07 3952 JW AKANOC SOLUTIONS, INC., MANAGED SOLUTIONS GROUP, INC., STEVEN CHEN AND DOES 1 THROUGH 10, INCLUSIVE, DEFENDANTS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ORAL DEPOSITION OF ROBERT L. HOLMES, produced as a witness at the instance of the Defendants, and duly sworn, was taken in the above--styled 2008, from and --numbered cause on the 1st day of April, 9:31 AM to 6:22 PM, before Ronald R. Cope, a CSR in and for the State of Texas, Registered Professional Reporter reported by machine Legal and Certified Realtime Reporter, shorthand at the offices of U.S. Support/MillerParker, Expressway, Inc., 5910 North Central Dallas, Texas, 75206, 100 Premier Place, pursuant to the Federal Rules of Civil Procedure and the provisions stated on the record or attached hereto. EXHIBIT 1508 ALL;iiATE-INTERNATIONAL ROBERT L. HOLMES NJ 01 N) NJ NJ 0 H NJ H NJ N) Ui co LO C) -J a) 01 CF Ui H H --1 H 01 H NJ H Ml NJ H 0 H H Ui H a) H H Ft CD CD HC)) H Di Cl) D Cl) CD H 0 0 0 0 0 0 Ml CD C) Ml HH Di CD CD CD k< 0 Ml 0 C) H C) Cli CD C) HFt 0 CD Ml Ml I 0 CD H C)) C) HFt CD ci 0 H ci CD C). C) CD CD Ft HMl HCD o 0 H I I H H H 0 0 C/) 0 C) H-, 0 N CD CD CD HCD `3 Ml H- Cl) Ft CD < 0 Cl) CL 0 Cl 0 CD CL 0 H CD CD Ft < CD Cl) C) HFt 0 0 HCD a a CD 0 Ft C) CD Cl) CD Cl) CD CD CD CD C) Ft Ft CD Ft Cl) CD Cl) it H - CD 0 < CD CD CD H CD CD -, C) Ft C) H Ml Cl) Cl) C) 0 CD Ft CD C) Ft CD C). < 0 C) b CD H H CD l - 0 Cl) Ft CD Cl CD Ml CD Cl) 0 C) HH 0 C) H 0 0 CD CD CD H- Ft CD 0 H CD H 0 < CD Q Cl 0 N CD Ii Ii 0 CD CD C) HFt `3 CD ci CD CD CD Cl CD ci CD `< 0 C) CD 0 CD 0 Ft CD 0 Ft Cl) HH H CD H H < - 0 CD Cl CD Ii Cl CD H CD CD Cl CD HCD Cl) H H- H Ml CD H CD CD Ft CD Cl) Ml Cl Ft CD CD C). H CO -`-3 0 CD H Cl CD 0 Cl) Ft 0 H Cl HCL CD CD CD Cl) Ft 0 Cl HFt CD Ui CD < 0 C) Ft Cl CD Ft -`3 CD 0 Cl) 0 Ft Cl CD Ft Cl 0 - Ft C) HCD C' c 0 Ml Ml HC) CD CD CD < CD CD k< Cl CD Ft H 0 Cl) I I H H0 Cl Cl CD Ml Ml Cl Hci CD CL CD CD H H HCD H Cl CD Ft FC) Cl CD H FCD ci CD Cl) HCD 0 Ml 0 C) HCD ci 0 Ml ci CD < 0 C) 0 0 CD Cl) 0 C) 0 H H CD C) Ft a CD ci CD Ft HCD Cl) Ii CD CD CD C/) HCD Ft H- N J CD' CD Cl Cl CD Ml 0 H CD < 0 C) Ft Cl CD Cl) HH CD C) 0 Ft CD Ft CD H Ft CD Cl CD CD CD C) < Ml Ft H- C) a E CD H H H CD I< o 0 Ft Cl CD H CD Ft Cl HCD -J Cl) CD 0 Ft HCD ci CD Cl) Ft CD Ft CD H iC) 0 HCl I HCD IC) I I I< Ft CD' CD Ft HCl Ml 0 H Ft HH HCD Cl a CD CD CD CD Cl Cl) Ft CD H- C) CD Cl) CD Cl) CD 0 Ml CD Ft CD Cl I I Ml 0 H Ft CD' CD C) CD Cl) CD Ft CD' CD CD Cl CD C) CD CD < 0 C) CD CD CD Cl) < 0 C) HFt CD H CD 0 C) Cl 0 Ft CD Ft 0 a Cl Ft CD' HCl) Ft Cl Ft CD' CD Ft Cl a Ft 0 CD Ft Cl 1< 0 C) HCl) CD HCD HCl CD CD Ft HMl < CD CD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STATE OF TEXAS COUNTY OF DALLAS X X I, Ronald R. Cope, a Certified Shorthand Reporter duly commissioned and qualified in and for the State of Texas, Registered Professional Reporter and do hereby certify that 2008, at Certified Realtime Reporter, there came before me on the 1st day of April, U.S. Legal Support/MillerParker, Inc. Located at 5910 Dallas, ROBERT the North Central Expressway, Texas, L. 75206, 100 Premier Place, the following named person, to--wit: HOLMES, who was duly sworn to testify the truth, and nothing but the truth of knowledge whole truth, touching and concerning the matters in controversy in this cause; and that he was thereupon examined upon oath and his examination reduced to typewriting under my supervision; that the deposition is a true record of the testimony given by the witness. I further certify that pursuant to FRCP Rule 30(e) that the signature of the deponent: X was requested by the deponent or a and that party before the completion of the deposition, signature is to be before any notary public and returned within 30 days from date of receipt of the transcript; was not requested by the deponent or a 316 ROBERT L. HOLMES Page 317 1 2 3 4 5 6 7 party before the completion of the deposition. I further certify that I am neither attorney or counsel for, nor related to or employed by any of the parties to the action in which this deposition is taken, and further that I am not a relative or employee of any attorney or counsel employed by the parties hereto, action. CERTIFIED TO BY ME on this the 7th day of April, 2008. or financially interested in the 8 9 10 13 14 15 16 17 18 19 20 21 22 23 24 25 RONA D R. COPE, CSR RPR, CRR, Texas CSR 1813 12/31/09 Expiration Date: egal Support/MillerParker US L CRCB Registration No. 343 100 Premier Place 5910 North Central Expressway 75206--5190 Dallas, Texas (214) 369--3376 Charge for transcript and exhibits 4L44c/ $ To be paid by Defendant James A. Lowe Job No. 68415 alIy signed by Ronald Cope (401 -401 -671 -639) 48ede391-bf38-47d8-9b61 -368c52756db

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