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

Filing 202

MOTION for Order Excluding Expert Evidence and Testimony by Chris Schwerzler Pursuant to Daubert by Connexus Corporation, Firstlook, Incorporated, Navigation Catalyst Systems, 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) (Delgado, William)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN

THE WEATHER UNDERGROUND, INC.,
a Michigan corporation,
Plaintiff,
Case No. 2:09-CV-10756
Hon. Marianne O. Battani

vs.
NAVIGATION CATALYST SYSTEMS, INC.,
a Delaware corporation; CONNEXUS CORP.,
a Delaware corporation; FIRSTLOOK, INC.,
a Delaware corporation; and EPIC MEDIA
GROUP, INC., a Delaware corporation,

Defendants.
______________________________________________________________________
Enrico Schaefer (P43506)
Brian A. Hall (P70865)
TRAVERSE LEGAL, PLC
810 Cottageview Drive, Unit G-20
Traverse City, MI 49686
231-932-0411
[e-mail]
[e-mail]
Lead Attorneys for Plaintiff

William A. Delgado
WILLENKEN WILSON LOH & LIEB LLP
707 Wilshire Boulevard, Suite 3850
Los Angeles, CA 90017
[phone]
[e-mail]
Lead Counsel for Defendants

Nicholas J. Stasevich (P41896)
Benjamin K. Steffans (P69712)
Anthony P. Patti (P43729)
BUTZEL LONG, P.C.
HOOPER HATHAWAY, PC
150 West Jefferson, Suite 100
126 South Main Street
Detroit, MI 48226
Ann Arbor, MI 48104
[phone]
734-662-4426
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
Local Counsel for Defendants
______________________________________________________________________
DECLARATION OF WILLIAM A. DELGADO IN SUPPORT OF DAUBERT MOTION
TO STRIKE REPORT OF CHRISTOPHER SCHWERZLER AND PROHIBIT HIS
TESTIMONY ON SAME AT TRIAL

I, William A. Delgado, declare as follows:
1.

I am over the age of eighteen and am lead counsel for Defendants in this matter. I

have personal knowledge of the facts stated herein except where stated on information and
belief, and, as to those matters, I believe them to be true.
2.

Filed under seal as Exhibit B to this declaration is a true and correct copy of

Plaintiff’s Designation of Expert Witness, designating Christopher Schwerzler as an expert
witness.
3.

Filed under seal as Exhibit C to this declaration is a true and correct copy of the

expert report of Christopher Schwerzler submitted as Exhibit M in support of Plaintiff’s Motion
for Summary Adjudication on its Anti-Cybersquatting Consumer Protection Act Claim, except
that it has been altered by a stamp on the bottom right of each page indicating a page number.
Plaintiff’s Exhibit M was unnumbered, so it has only been altered for ease of reference. No
other alterations have been made.
4.

Attached as Exhibit D are true and correct copies of relevant excerpts from the

deposition transcript of Chris Schwerzler, taken April 29, 2010.
5.

Attached as Exhibit E are true and correct copies of relevant excerpts from the

deposition transcript of Chris Schwerzler, taken December 6, 2010.
6.

Filed under seal as Exhibit F to this declaration are true and correct copies of

relevant excerpts from the deposition transcript of Chris Schwerzler, taken April 29, 2010 that
were designated confidential.

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7.

Filed under seal as Exhibit G to this declaration are true and correct copies of

relevant excerpts from the deposition transcript of Chris Schwerzler, taken December 6, 2010
that were designated confidential.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed on this 15th day of August 2011 at Los Angeles, California.

/s/William A. Delgado
William A. Delgado

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CERTIFICATE OF SERVICE

I hereby certify that on August 15, 2011, I electronically filed the foregoing paper
with the Court using the ECF system which will send notification of such filing to the
following:
Enrico Schaefer (P43506)
Brian A. Hall (P70865)
TRAVERSE LEGAL, PLC
810 Cottageview Drive, Unit G-20
Traverse City, MI 49686
231-932-0411
[e-mail]
[e-mail]
Lead Attorneys for Plaintiff

Nicholas J. Stasevich (P41896)
Benjamin K. Steffans (P69712)
BUTZEL LONG, P.C.
150 West Jefferson, Suite 100
Detroit, MI 48226
[phone]
[e-mail]
[e-mail]
Local Counsel for Defendants

Anthony P. Patti (P43729)
HOOPER HATHAWAY, PC
126 South Main Street
Ann Arbor, MI 48104
734-662-4426
[e-mail]
Attorneys for Plaintiff

William A. Delgado
WILLENKEN WILSON LOH & LIEB LLP
707 Wilshire Boulevard, Suite 3850
Los Angeles, CA 90017
[phone]
[e-mail]
Lead Counsel for Defendants

/s/William A. Delgado
William A. Delgado
WILLENKEN WILSON LOH & LIEB, LLP
707 Wilshire Boulevard, Suite 3850
Los Angeles, CA 90017
[phone]
[e-mail]
Lead Counsel for Defendants

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