Mercexchange LLC v. eBay, Inc et al

Filing 3

AFFIDAVIT re 1 MOTION to Compel Signed By David R. Schaefer filed by eBay, Inc, HALF.COM Inc. Exhibits in paper format only (too large) (Pesta, J.)

Mercexchange LLC v. eBay, Inc et al

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Case 3:07-mc-00038-JBA

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Filed 02/02/2007

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ) ) ) ) ) ) ) ) ) ) ) ) ) )

MERCEXCHANGE, L.L.C., Plaintiff, v. eBAY INC. AND HALF.COM, INC., Defendants.

Case No. 2:01-CV-736 (Pending the United States District Court for the Eastern District of Virginia) February 2, 2007

DECLARATION OF DAVID R. SCHAEFER IN SUPPORT OF DEFENDANTS EBAY INC.'S AND HALF.COM, INC'S MOTION TO COMPEL KENNETH NAHAN TO COMPLY WITH A SUBPOENA DUCES TECUM I, David R. Schaefer, declare as follows: 1. I am an attorney admitted to practice before this Court. I am an attorney with

Brenner, Saltzman & Wallman LLP, counsel of record for eBay Inc. and Half.com, Inc. in this action. I have personal knowledge of the facts herein and, if called as a witness, could and would testify competently as to their truth. 2. Attached hereto as Exhibit 1 is a true and correct copy of MercExchange, L.L.C.

v. eBay Inc., 2006 U.S. Dist. LEXIS 91059 (E.D. Va. Dec. 18, 2006). 3. Attached hereto as Exhibit 2 is a true and correct copy of eBay's Requests for

Production to Kenneth Nahan, dated January 12, 2007. 4. Attached hereto as Exhibit 3 is a true and correct copy of a letter from Brian J.

Ankenbrandt to Gregory N. Stillman discussing meeting and conferring, dated January 26, 2007.

Dockets.Justia.com

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5.

Attached hereto as Exhibit 4 is a true and correct copy of a letter from Gregory N.

Stillman to Jeffrey G. Randall discussing Hunton & Williams' representation of Kenneth Nahan, dated January 19, 2007. 6. Attached hereto as Exhibit 5 is a true and correct copy of Kenneth Nahan's

Objections to eBay's Subpoena Duces Tecum, dated January 24, 2007. 7. Attached hereto as Exhibit 6 is a true and correct copy of a letter from Jeffrey G.

Randall to Gregory N. Stillman giving notice of the instant motion, dated February 1, 2007. 8. Attached hereto as Exhibit 7 is a true and correct copy of Bariteau v. Krane, 206

F.R.D. 129 (W.D. Ken. 2001). 9. Attached hereto as Exhibit 8 is a true and correct copy of Saylavee LLC v.

Hockler, 2005 U.S. Dist. LEXIS 39802 (D. Conn. June 14, 2005). 10. Attached hereto as Exhibit 9 is a true and correct copy of Garrett v. Sprint PCS,

2002 U.S. Dist. LEXIS 1914 at *3 (D. Kan. Jan. 31, 2002). 11. Attached hereto as Exhibit 10 is a true and correct copy of Martin Mathys N.V. v.

Maint. Repair Tech. Co., 2006 U.S. Dist. LEXIS 33403 (D. Conn. May 25 2006). 12. Attached hereto as Exhibit 11 is a true and correct copy of Kimbro v. I.C. Sys.,

2002 U.S. Dist. LEXIS 14599 (D. Conn. Jul. 22, 2002). 13. Attached hereto as Exhibit 12 is a true and correct copy of the stipulated

protective order signed by the United States District Court for the Eastern District of Virginia on March 8, 2002 (Dkt. 26). 14. Attached hereto as Exhibit 13 is a true and correct copy of a letter from Gregory

N. Stillman to Jeffrey G. Randall discussing Hunton & Williams' representation of Alfred Weaver, dated January 19, 2007. 15. Attached hereto as Exhibit 14 is a true and correct copy of a letter from Gregory

N. Stillman to Jeffrey G. Randall discussing Hunton & Williams' representation of Altitude Capital Partners, dated January 19, 2007.

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Attached hereto as Exhibit 15 is a true and correct copy of a letter from Gregory

N. Stillman to Jeffrey G. Randall discussing Hunton & Williams' representation of Nordlicht & Hand, dated January 22, 2007. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and that this Declaration was executed on February 2, 2007, at New Haven, Connecticut.

s/David R. Schaefer David R. Schaefer

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CERTIFICATE OF SERVICE I hereby certify that I caused a true and correct copy of the foregoing Declaration of David R. Schaefer in Support of Defendants eBay Inc.'s and Half.com, Inc's Motion to Compel Kenneth Nahan to Comply with a Subpoena Duces Tecum to be served this 2nd day of February, 2007 via overnight delivery on all counsel and pro se parties of record as follows: Gregory N. Stillman, Esquire Hunton & Williams SunTrust Center #1000 Norfolk, VA 23510 Scott L. Robertson, Esquire Hunton & Williams 1900 K Street, N.W. Washington, DC 20006 Seth P. Waxman, Esquire Wilmer, Cutler, Pickering, Hale and Dorr LLP 1875 Pennsylvania Avenue, N.W. Washington, DC 20006 s/David R. Schaefer David R. Schaefer (ct04334)

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