Dunstan et al v. comScore, Inc.
Filing
325
DECLARATION of Benjamin S. Thomassen regarding motion for partial summary judgment 321 (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, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit Exhibit List to Plaintiffs Memorandum of Law in Support of Their Motion for Partial Summary Judgment)(Thomassen, Benjamin)
Exhibit 12
(filed partially
under seal)
Page 1
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
MIKE HARRIS and JEFF DUNSTAN,
individually and on behalf of a
class of similarly situated
individuals,
)
)
)
)
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Plaintiffs,
)
)
-vs)
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COMSCORE, INC., a Delaware
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corporation,
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)
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Defendant.
)
__________________________________)
No. 1:11-cv-5807
Judge Holderman
Magistrate Judge
Kim
The deposition of COLIN O'MALLEY, called by
the Plaintiffs for examination, pursuant to notice and
pursuant to the Federal Rules of Civil Procedure for
the United States District Courts pertaining to the
taking of depositions, taken before Liza M. Perez,
Certified Shorthand Reporter and Notary Public within
and for the County of Cook and State of Illinois, at
350 North LaSalle Street, 13th Floor, Chicago,
Illinois, commencing at the hour of 9:44 a.m. on the
13th day of December, A.D., 2012.
Electronically signed by Liza Perez (501-125-266-1561)
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Page 4
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(Whereupon, O'Malley Deposition
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Exhibit No. 1 was marked for
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identification, LMP.)
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(Witness duly sworn.)
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MR. THOMASSEN:
My name is Ben.
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Good morning, Mr. O'Malley.
Do you mind if I call you Colin throughout
today?
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THE WITNESS:
Please.
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MR. THOMASSEN:
Feel free to call me Ben.
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The record should reflect that this is a
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deposition of one of comScore's experts produced for
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class certification in the matter of Mike Harris and
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Jeff Dunstan versus comScore, Incorporated.
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COLIN O'MALLEY,
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called as a witness herein, having been first duly
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sworn, was examined and testified as follows:
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DIRECT EXAMINATION
BY MR. THOMASSEN:
Q.
Mr. O'Malley -- Colin.
I guess I'm probably
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going to refer to you as Mr. O'Malley no matter what.
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Have you ever been deposed before?
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A.
No.
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Q.
Okay.
Electronically signed by Liza Perez (501-125-266-1561)
Let me just explain a few things about
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Page 125
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be my misunderstanding of how this works.
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through the installation process as we'll go through
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here, when you get to the point of being offered
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RelevantKnowledge, you haven't downloaded it at that
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point?
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A.
Correct.
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Q.
So is it incorrect to say that MP3 Cutter
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When you go
download includes RelevantKnowledge?
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A.
Yes.
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Q.
Okay.
Do you know whether it says anywhere
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on the MP3 Cutter website that as a part of the
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download of MP3 Cutter, you'll be provided with an
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opportunity to either install or download
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RelevantKnowledge?
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A.
I haven't comprehensively reviewed the
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website for that disclosure, so I really can't tell
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you one way or the other.
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will just tell you that I'd be surprised to see it
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there, but that's not surprising to me as it's not
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customary in many online business models to, for
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example, register for a website and then be offered an
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offer from a partner.
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before your registration begins that you're going to
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see an offer that you optionally can participate in
Electronically signed by Liza Perez (501-125-266-1561)
I would suggest -- well, I
But to have prior disclosure
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Page 126
Electronically signed by Liza Perez (501-125-266-1561)
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Page 178
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NORTHERN DISTRICT OF ILLINOIS )
EASTERN DIVISION
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STATE OF ILLINOIS
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COUNTY OF COOK
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SS:
I, Liza M. Perez, Certified Shorthand
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Reporter and Notary Public in and for the County of
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Cook, State of Illinois, do hereby certify that on the
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13th of December, A.D., 2012, the deposition of the
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witness, COLIN O'MALLEY, called by the Plaintiffs, was
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taken before me, reported stenographically and was
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thereafter reduced to typewriting through
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computer-aided transcription.
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The said witness, COLIN O'MALLEY, was first
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duly sworn to tell the truth, the whole truth, and
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nothing but the truth, and was then examined upon oral
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interrogatories.
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I further certify that the foregoing is a
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true, accurate and complete record of the questions
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asked of and answers made by the said witness, at the
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time and place hereinabove referred to.
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The signature of the witness was not waived
by agreement.
Pursuant to Rule 30(e) of the Federal Rules
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of Civil Procedure for the United States District
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Courts, if deponent fails to read and sign this
Electronically signed by Liza Perez (501-125-266-1561)
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deposition transcript within 30 days or make other
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arrangements for reading and signing thereof, this
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deposition transcript may be used as fully as though
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signed, and the instant certificate will then evidence
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such failure to read and sign this deposition
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transcript as the reason for signature being waived.
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The undersigned is not interested in the
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within case, nor of kin or counsel to any of the
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parties.
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Witness my official signature and seal as
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Notary Public, in and for Cook County, Illinois, on
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this 19th day of December, A.D., 2012.
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Liza M. Perez, CSR
Notary Public
19 South LaSalle Street, Suite 1402
Chicago, Illinois 60603
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License No. 084-004686
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Electronically signed by Liza Perez (501-125-266-1561)
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