Dunstan et al v. comScore, Inc.

Filing 156

DECLARATION of Jay Edelson regarding memorandum in support of motion 154 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit s, # 20 Exhibit t)(Thomassen, Benjamin)

EXHIBIT R

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
MIKE HARRIS and JEFF

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DUNSTAN, individually and

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on behalf of a class of

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similarly situated

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individuals,

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Plaintiffs,

No. 1:11-cv-5807

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vs.

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COMSCORE, INC., a

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Delaware corporation,

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Defendant.

)

THE VIDEOTAPED DEPOSITION OF JEFFREY DUNSTAN
August 8, 2012
Chicago, Illinois
9:37 a.m.

REPORTED BY:
SHERI E. LISS
JOB NO: 26487

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DEPOSITION OF JEFFREY DUNSTAN
The videotaped deposition of JEFFREY

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DUNSTAN, called by the Defendant for examination,

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taken pursuant to the Code of Civil Procedure and

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the Rules of the Supreme Court of the State of

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Illinois pertaining to the taking of depositions for

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the purposes of evidence, taken before Sheri E.

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Liss, CSR NO. 084-002600, a Certified Shorthand

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Reporter within and for the State of Illinois,

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Registered Professional Reporter, Certified Realtime

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Reporter, at the offices of Quinn Emanuel Urquhart &

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Sullivan, LLP, 500 West Madison Street, Suite 2450,

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Chicago, Illinois, on August 8, 2012 at the hour

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9:37 o'clock a.m.

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DAVID FELDMAN WORLDWIDE, INC.
450 Seventh Avenue - Ste 500, New York, NY 10123 [phone]

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DEPOSITION OF JEFFREY DUNSTAN

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that has been along these rounds, so I probably have

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seen it.

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Q.

If you look at the first page, about

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three lines from the bottom it says, "He downloaded

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and installed photo cropping software that

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unbeknownst to him was bundled with Comscore

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software."
Do you see that?

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A.

Yes.

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Q.

You don't actually know one way or the

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other whether you downloaded and installed the photo

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cropping software or whether your wife downloaded

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it; is that correct?

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A.

That's a hard one.

Because when this

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came up, I told her not to use the computer until I

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got it straightened out.

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could have been the one that downloaded it.

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Q.

So I do not believe she

This came up after you realized that you

had this program on your computer?
A.

I had a problem.

I may not have gotten

to the point I knew which program it was yet.
Q.

But you don't recall one way or another

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whether you downloaded the photo cropping software,

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correct?
DAVID FELDMAN WORLDWIDE, INC.
450 Seventh Avenue - Ste 500, New York, NY 10123 [phone]

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DEPOSITION OF JEFFREY DUNSTAN

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A.

No, I really don't specifically.

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Q.

When you first discovered the problem,

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had you ever heard of Relevant Knowledge?
A.

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No.

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(Whereupon, Dunstan Exhibit 7

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marked as requested.)

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(Whereupon, the document was

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tendered.)

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BY MR. SWEDLOW:
Q.

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I'm handing you what's marked as Exhibit

7.
Have you ever seen that before?

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A.

Yes.

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Q.

What is this?

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A.

This is the log taken off my computer

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from what Spy Doctor removed from my computer that

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relates to Relevant Knowledge.

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Q.

Did you make this?

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A.

Yes.

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Q.

How did you make this?

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A.

I looked up the log.

I located the logs

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for Spy Doctor on my computer where it stores its

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logs, looked at it and then printed out the section

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that included entries relating to Relevant
DAVID FELDMAN WORLDWIDE, INC.
450 Seventh Avenue - Ste 500, New York, NY 10123 [phone]

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DEPOSITION OF JEFFREY DUNSTAN

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STATE OF ILLINOIS

) SS:

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COUNTY OF C O O K

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I, SHERI E. LISS, CSR NO. 084-002600, a

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Certified Shorthand Reporter within and for the

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State of Illinois, Registered Professional Reporter,

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Certified Realtime Reporter, do hereby certify that

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previous to the commencement of the examination,

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said witness was duly sworn by me to testify; that

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the said deposition was taken at the time and place

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aforesaid; that the testimony given by said witness

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was reduced to writing by means of shorthand and

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thereafter transcribed into typewritten form; and

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that the foregoing is a true, correct and complete

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transcript of my shorthand notes so taken as

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aforesaid.

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I further certify that there were present

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at the taking of the said deposition the persons and

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parties as indicated on the appearance page made a

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part of this deposition.

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DAVID FELDMAN WORLDWIDE, INC.
450 Seventh Avenue - Ste 500, New York, NY 10123 [phone]

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DEPOSITION OF JEFFREY DUNSTAN
I further certify that I am not counsel

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for nor in any way related to any of the parties to

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this suit, nor am I in any way interested in the

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outcome thereof.

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I further certify that this certificate

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applies to the original signed and certified

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transcripts only.

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the accuracy of any reproduced copies not made under

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I assume no responsibility for

my control or direction.
IN TESTIMONY WHEREOF I have hereunto set
my hand this 15th day of August, A.D., 2012.

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Sheri E. Liss, CSR, RPR, CRR, CLR

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DAVID FELDMAN WORLDWIDE, INC.
450 Seventh Avenue - Ste 500, New York, NY 10123 [phone]