Weather Underground, Incorporated v. Navigation Catalyst Systems, Incorporated et al

Filing 189

MOTION for Partial Summary Judgment by Weather Underground, Incorporated. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit N, # 12 Exhibit P, # 13 Exhibit Q, # 14 Exhibit R, # 15 Exhibit Y, # 16 Exhibit AA - Part 1, # 17 Exhibit AA - Part 2, # 18 Exhibit BB, # 19 Exhibit CC, # 20 Exhibit EE, # 21 Exhibit GG, # 22 Exhibit HH, # 23 [PLACED UNDER SEAL PURSUANT TO 192 ] Exhibit II, # 24 Exhibit JJ, # 25 Exhibit KK, # 26 Exhibit LL - Part 1, # 27 Exhibit LL - Part 2, # 28 Exhibit MM, # 29 Exhibit NN) (Schaefer, Enrico) Modified on 8/2/2011 (DWor).

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

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WEATHER UNDERGROUND, INC.,
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Plaintiff,
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-v-

Case No. 09-10756

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NAVIGATION CATALYST SYSTEMS, INC.,

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Defendant./

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MOTION TO COMPEL DISCLOSURES
MOTION FOR SANCTIONS
(TELEPHONIC)
BEFORE HONORABLE VIRGINIA M. MORGAN
Federal Building
200 E. Liberty Street
Ann Arbor, Michigan 48104

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(Thursday, February 11, 2010)

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APPEARANCES:

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WILLIAM A. DELGADO, ESQUIRE
Appearing on behalf of the
Defendant.

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ANTHONY P. PATTI, ESQUIRE
Appearing on behalf of the
Plaintiff.

COURT REPORTER:

MARIE METCALF, CVR, CM
Federal Official Court Reporter
257 U.S. Courthouse
231 W. Lafayette
Detroit, Michigan 48226
[e-mail]

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(TRANSCRIPT PRODUCED FROM DIGITAL VOICE RECORDING;
TRANSCRIBER NOT PRESENT AT PROCEEDINGS)

Weather Underground v. Navigation Catalyst Systems

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because the plaintiffs didn't really argue facts with

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respect to personal jurisdiction for the remaining

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associated defendants.

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But you're still in the game and you have

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listed one witness who's your president and provided two

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documents pursuant to 26(a)(1); is that correct?

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MR. DELGADO:
(Unintelligible) --

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THE COURT:

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That's not entirely correct.

You need to speak up.

MR. DELGADO:

Yes, Your Honor.

Can you

hear me now?

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THE COURT:

Yes.

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MR. DELGADO:

Okay.

The person that was

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listed is the president of Firstlook, which is one of the

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parties that was dismissed, but is the parent company of

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the defendant that remains.

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So it's not the president of Navigation

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Catalysts, but the president of the parent company.

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in terms of the -- what we listed, we listed two

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categories of documents, not just documents.

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THE COURT:

And

Have you produced those

documents?

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MR. DELGADO:

We have not.

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has produced any documents at this point.

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Neither party

we're negotiating a protective order.

We have --

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Weather Underground v. Navigation Catalyst Systems

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The categories of documents that we have

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identified would be -- we would hope would be protected

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by the protective order.

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THE COURT:

Mr. Patti, what do you have to

MR. PATTI:

Well, a number of things, Your

say to that?

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Honor.

First of all, what I just heard is that the one

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and only witness that they've identified is not actually

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in their company.

And that strikes me as really rather

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odd, unless they're saying they have no employees or no

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agents whatsoever within their own company.

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how they could possibly do a disclosure that --

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THE COURT:

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MR. DELGADO:

I don't see

How about that?
I believe Mr. Patti's

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assumption is correct.

I believe that Navigation

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Catalysts does not have any employees.

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one thing I should clarify.

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THE COURT:

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MR. DELGADO:

That perhaps is

Then how does it do business?
It's -- well, Your Honor,

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it's basically a computer system.

And it's the --

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Navigation Catalysts is really just a computer system

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that registers domain names in bulk.

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it other than that.

There's not much to

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I know that there was a statement in the

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joint -- in the joint list of unresolved issues made by

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Weather Underground v. Navigation Catalyst Systems

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plaintiff that it's a big company because it has 500,000

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domain names or something along this magnitude.

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thing to keep in mind is that it's really -- it's not --

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not like it has a bunch of people sitting around

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registering domain names.

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that's doing it -- or was doing it, I should say.

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THE COURT:

But the

It's really a computer system

Well, who's the guy who makes

it happen?

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MR. DELGADO:

Well, I think -- again, I

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think the person who can explain that would be the

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witness that was listed, Seth Jacoby.

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THE COURT:

Mr. Patti?

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MR. PATTI:

Yes.

Your Honor, I should

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point out that the defendant is no stranger to

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litigation.

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defendant in nine -- no less than nine federal actions,

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and I believe they're all under the anti-cybersquatting

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protection act, as is this one.

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As listed in our complaint, they've been a

And in those actions, the most famous of

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them is the case they had against Verizon, which a

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published opinion was issued by a court in -- a

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California Federal Court issued an injunction against

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them.

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And interestingly enough, in that case, if

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you look on PACER you'll find affidavits that they filed,

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