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

Filing 272

DECLARATION by William A. Delgado re 271 MOTION to continue trial date filed by Connexus Corporation, Firstlook, Incorporated, Navigation Catalyst Systems, Incorporated (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (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
DEFENDANTS’ MOTION TO CONTINUE 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.

Attached as Exhibit A is a true and correct copy of the meet and confer e-mail

regarding this motion between me and Enrico Schaefer, Plaintiff’s lead counsel.
3.

Attached as Exhibit B is a true and correct copy of an e-mail from U.S. Airways

forwarded to me by John Berryhill evidencing his travel plans to come to trial in Detroit,
Michigan during the originally-scheduled trial date.
4.

On or about February 6, 2012, I e-mailed Professor Rich Korf, another expert

witness for Defendants, to confirm his availability for trial. Attached as Exhibit C is a true and
correct copy of an e-mail exchange between me and Rich Korf, one of Defendants’ expert
witnesses, dated February 7, 2012.
5.

On February 14, 2012, my assistant booked two rooms at the Westin Cadillac for

the duration of the trial. One room was intended for me. The other room was intended for my
colleague, Carlos Singer. An e-mail confirming my hotel reservations is attached as Exhibit D.
6.

The new two week trial date of March 26-April 6 coincides exactly with the two

week spring break schedule at the school my children attend, Bel Air Presbyterian Preschool.
7.

As we would not have childcare during those two weeks, my wife and I had

planned on taking alternating days off of work so that one of us could watch our children. The
change in trial date has left our family with no childcare during various days over the course of
two weeks.

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8.

I have a hearing on a Motion to Dismiss a class action case on behalf of Microsoft

Corporation, scheduled to be heard on April 2, 2011 in Los Angeles. I also have an opposition to
a motion for summary judgment that is due in a different case on the same date.
9.

I have a meeting of the Los Angeles Police Commission Police Permit Review

Panel (where I serve as a Commissioner) on April 4, 2012 in Los Angeles.
10.

Filed under seal as Exhibit H is a true and correct copy of Connexus’

Consolidated Financial Statements for Fiscal Years December 31, 2009 and 2008. This
document was produced to Plaintiff in October 2010.
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 5th day of March 2012 at Los Angeles, California.
/s/William A. Delgado
William A. Delgado

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CERTIFICATE OF SERVICE

I hereby certify that on March 5, 2012, 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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