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

Filing 261

DECLARATION by William A. Delgado re 260 MOTION for Protective Order filed by Connexus Corporation, Firstlook, Incorporated, Navigation Catalyst Systems, Incorporated (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Delgado, William)

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

THE WEATHER UNDERGROUND, INC.,
a Michigan corporation,
Plaintiff,
vs.

Case No. 2:09-CV-10756
Hon. Marianne O. Battani

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 DEFENDANTS
CONNEXUS CORPORATION, FIRSTLOOK, INC., AND NAVIGATION CATALYST
SYSTEMS, INC.’S MOTION FOR PROTECTIVE ORDER

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.

On September 15, 2010, I defended the deposition of Seth Jacoby, the now-

former president of Firstlook, Inc., defendant in this matter. The deposition was videotaped;
proceeded for a full day; and took place in New York City, where Mr. Jacoby resided and
worked at the time.
3.

With the exception of a motion for reconsideration related to Plaintiff’s witness,

Chris Schwerzler, there has been no motion practice or discovery in this matter since September
2011.
4.

Attached as Exhibit A is a true and correct copy of the February 21, 2012

subpoena to Seth Jacoby served on my office by e-mail.
5.

Attached as Exhibit B is a true and correct copy of a letter to William Delgado

from Enrico Schaefer dated November 11, 2011.
6.

Attached as Exhibit C is a true and correct copy of a letter to Enrico Schaefer

from William Delgado dated November 29, 2011.
7.

Attached as Exhibit D is a true and correct copy of a letter to William Delgado

from Enrico Schaefer dated February 3, 2012.
8.

Attached as Exhibit E is a true and correct copy of a letter to Enrico Schaefer

from William Delgado dated February 7, 2012

9.

My recent schedule as it relates to this case only (i.e., putting aside all of my other

cases, including three class actions, and any of my administrative responsibilities as a partner at
my law firm, which include overseeing a major hardware and software upgrade of my firm’s
computer system taking place the weekend of February 24-26):
a. February 20-24, 2012: finalize and file Defendants’ motions in limine; prepare
and file responses to Plaintiff’s first two motions in limine; work with
Plaintiff’s counsel to prepare final pretrial order; finalize all trial exhibits;
work with counsel to finalize and assemble Bench Book for pretrial
conference, including drafting Administrative Section, Theory of the Case,
Defendants’ Proposed Jury Instructions, Defendants’ Verdict Form, Exhibit
List, and Witness List and incorporating all of its Plaintiff’s respective
portions.
b. Weekend of February 25th and 26th: prepare Motion for Protective Order;
prepare responses to Plaintiff’s second two motions in limine.
c. February 27th: file Motion for Protective Order and responses to Plaintiff’s
motions in limine; spend remainder of day flying to Detroit for pretrial
conference.
d. February 28th: prepare for and attend pretrial conference; fly back to Los
Angeles.
10.

A second deposition of Seth Jacoby would deprive me of three days of trial

preparation as I would need a full day to prepare for the deposition (including drafting my own
set of questions and preparing any exhibits I may wish to show him), a full day to fly from Los

Angeles to New York City, and a full day to attend the deposition of Mr. Jacoby and fly back to
Los Angeles.
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 27th day of February, 2012 at Los Angeles, California.

/s/William A. Delgado
William A. Delgado

.

CERTIFICATE OF SERVICE
I hereby certify that on February 27, 2012, Pacific Time, 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