Red Bend Software, Inc. et al v. Google

Filing 87

DECLARATION re 86 MOTION to Strike Red Bend's Motion for Preliminary Injunction of Susan Baker Manning by Google Inc.. (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, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF)(Magee, David) (Attachment 16 replaced on 6/17/2010) (York, Steve). (Attachment 29 replaced on 6/17/2010) (York, Steve). (Attachment 30 replaced on 6/17/2010) (York, Steve).

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS RED BEND LTD. and RED BEND SOFTWARE INC., Plaintiffs, v. GOOGLE INC., Defendant. GOOGLE INC., Counterclaim-Plaintiff, v. RED BEND LTD. and RED BEND SOFTWARE INC., Counterclaim-Defendants. DECLARATION OF SUSAN BAKER MANNING IN SUPPORT OF DEFENDANT GOOGLE INC.'S MOTION TO STRIKE RED BEND'S MOTION FOR PRELIMINARY INJUNCTION I, Susan Baker Manning, declare as follows: 1. I am over 18 years of age. I am a partner of Bingham McCutchen LLP, CIVIL ACTION NO. 09-cv-11813

counsel for defendant and counterclaim-plaintiff Google Inc. I have personal knowledge of the facts stated herein, except those stated on information and belief, and, if called upon, could and would testify competently to them. I make this declaration in support of Google Inc.'s Motion to Strike Red Bend's Motion for Preliminary Injunction. 2. Attached as Exhibit A is a true and correct copy of the transcript of the

December 2, 2009, scheduling conference before the Honorable Douglas P. Woodlock.

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3.

Attached as Exhibit B is a true and correct copy of Google's First Set of

Requests for Production served December 4, 2009. 4. Attached as Exhibit C is a true and correct copy of Red Bend's Responses

and Objections to Google's First Set of Requests for Production served December 7, 2009. 5. Attached as Exhibit D is a true and correct copy of correspondence from

Susan Baker Manning to Eliot D. Williams dated December 9, 2009. 6. Attached as Exhibit E is a true and correct copy of correspondence from

Jennifer C. Tempesta to Susan Baker Manning dated December 9, 2009. 7. Attached as Exhibit F is a true and correct copy of correspondence from

Susan Baker Manning to Jennifer C. Tempesta dated December 9, 2009. 8. Attached as Exhibit G is a true and correct copy of correspondence from

Jennifer C. Tempesta to Susan Baker Manning dated December 10, 2009. 9. Attached as Exhibit H is a true and correct copy of correspondence from

Susan Baker Manning to Eliot D. Williams dated December 22, 2009. 10. Attached as Exhibit I is a true and correct copy of correspondence from

Jennifer C. Tempesta to Susan Baker Manning dated December 22, 2009. 11. Attached as Exhibit J is a true and correct copy of correspondence from

Elizabeth Austern to Jennifer C. Tempesta dated January 11, 2010. 12. Attached as Exhibit K is a true and correct copy of the transcript of the

January 19, 2010 Motion Hearing before the Honorable Douglas P. Woodlock. 13. Attached as Exhibit L is a true and correct copy of correspondence from

Elizabeth Austern to Jennifer C. Tempesta dated January 29, 2010.

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14.

Attached as Exhibit M is a true and correct copy of correspondence from

Jennifer C. Tempesta to Elizabeth Austern dated February 3, 2010. 15. Attached as Exhibit N is a true and correct copy of correspondence from

Steven Liquori to Robert C. Bertin dated February 4, 2010. 16. Attached as Exhibit O is a true and correct copy of correspondence from

Jennifer C. Tempesta to Robert C. Bertin dated February 5, 2010. 17. Attached as Exhibit P is a true and correct copy of excerpts from the

transcript of Yoram Salinger's February 17, 2010 deposition. 18. Attached as Exhibit Q is a true and correct copy of correspondence from

Steven Liquori to Susan Baker Manning dated March 29, 2010. 19. Attached as Exhibit R is a true and correct copy of correspondence from

Susan Baker Manning to Eliot D. Williams dated May 10, 2010. 20. Attached as Exhibit S is a true and correct copy of correspondence from

Eliot D. Williams to Susan Baker Manning dated May 11, 2010. 21. Attached as Exhibit T is a true and correct copy of correspondence from

Susan Baker Manning to Eliot D. Williams dated May 13, 2010. 22. Attached as Exhibit U is a true and correct copy of correspondence from

Eliot D. Williams to Susan Baker Manning dated May 17, 2010. 23. Attached as Exhibit V is a true and correct copy of correspondence from

Susan Baker Manning to Eliot D. Williams dated May 18, 2010. 24. Attached as Exhibit W is a true and correct copy of correspondence from

Eliot D. Williams to Susan Baker Manning dated May 19, 2010.

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25.

Attached as Exhibit X is a true and correct copy of correspondence from

David M. Magee to Eliot D. Williams dated May 21, 2010. 26. Attached as Exhibit Y is a true and correct copy of correspondence from

Susan Baker Manning to Eliot D. Williams dated June 10, 2010. 27. Attached as Exhibit Z is a true and correct copy of correspondence from

Eliot D. Williams to Susan Baker Manning dated June 11, 2010. 28. Attached as Exhibit AA is a true and correct copy of correspondence from

Susan Baker Manning to Eliot D. Williams dated June 14, 2010. 29. Attached as Exhibit BB is a true and correct copy of correspondence from

Susan Baker Manning to Jennifer C. Tempesta dated June 15, 2010. 30. Attached as Exhibit CC is a true and correct copy of an excerpt of an

email and attached Excel spreadsheet containing revenue data produced as Bates Range RedBend0046700-848. 31. Attached as Exhibit DD is a true and correct copy of an excerpt of an

email and attached PowerPoint presentation titled "Information Package: The Leader in Mobile Software Management" produced as Bates Range RedBend0437507-556. 32. Attached as Exhibit EE is a true and correct summary of Red Bend's

production of documents. 33. Attached as Exhibit FF is a true and correct summary of documents

produced by Red Bend by custodian.

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I declare under penalty of perjury that the foregoing is true and correct. Executed on June 17, 2010, in Washington, D.C.

Susan Baker Manning

CERTIFICATE OF SERVICE I hereby certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non-registered participants on June 17, 2010. /s/ David M. Magee [e-mail] .

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