Video Professor, Inc. v., Inc.

Filing 39

BRIEF in Opposition to 30 MOTION for Summary Judgment and Memorandum of Law in Support Thereof (Oral Argument Requested) filed by Plaintiff Video Professor, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Smith, Gregory) Modified on 11/20/2009 to remove repetitive text (sah2, ).

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Video Professor, Inc. v., Inc. Doc. 39 Att. 4 EXHIBIT 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00636-REB-K.LM VIDEO PROFESSOR, INC. a Colorado corporation, Plaintiff. V. AMAZON.COM, INC., a Delaware corporation, Defendant.. AFFIDAVIT OF MICHAEL W. SVOBODA I, Michael W. Svoboda, being of lawful age and having personal knowledge of the facts stated below, declare under penalty of perjury under the laws of the State of Colorado that the foregoing is true and correct: 1. I am the Data Communications Manager of Video Professor., Inc. (" VPI") and have been so employed for the past 18 years. 2. One of my regular daily duties since commencing employment with VPI includes transporting mail, product, etc., between VPI's warehouse and its home office. 3. Over the past five years .I estimate that I picked-up at the warehouse and delivered to the home office approximately 50 packages a year. 4. Of these packages, the vast majority, between 80 and 90 percent, consisted of "Professor Teaches" Cis that were mistakenly returned to VPI by consumers apparently believing VP.I to be the source of the CD products. Further affiant sayeth naught. Michael W. Svob6da ) ) ss. COUNTY OF JEFFERSON ) STATE OF COLORADO The foregoing Affidavit was subscribed and sworn to before me this November 2009, by Michael W. Svoboda. ^ a of My Comm ission expires: 0 2

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