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

Filing 62

DECLARATION by William A. Delgado re 61 MOTION to Compel Further Responses and Production of Documents filed by Navigation Catalyst Systems, Incorporated (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) (Delgado, William)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN THE WEATHER UNDERGROUND, INC., a Michigan corporation, Plaintiff, vs. NAVIGATION CATALYST SYSTEMS, INC., a Delaware corporation; BASIC FUSION, INC., a Delaware corporation; CONNEXUS CORP., a Delaware corporation; and FIRSTLOOK, 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 (pro hac vice) WILLENKEN WILSON LOH & LIEB LLP 707 Wilshire Boulevard, Suite 3850 Los Angeles, CA 90017 [phone] [e-mail] Lead Counsel for Defendants Case No. 2:09-CV-10756 Hon. Marianne O. Battani

Nicholas J. Stasevich (P41896) Benjamin K. Steffans (P69712) Anthony P. Patti (P43729) BUTZEL LONG, P.C. 150 West Jefferson, Suite 100 HOOPER HATHAWAY, PC 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

I, William A. Delgado, declare as follows: 1. I am an attorney duly licensed to practice in the State of California and have been

admitted to this Court for purposes of this case. I make this declaration in support of Defendant Navigation Catalyst Systems, Inc.'s Motion to Compel Further Responses and Production of Documents. Except where otherwise indicated, I have personal knowledge of the facts stated herein and, if called as a witness, I could competently testify hereto. 2. NCS issued a First Set of Interrogatories and a First Set of Requests for

Production to Plaintiff on January 21, 2010. 3. Plaintiff responded to NCS's discovery on February 22, 2010 but did not provide

a verification for its response to NCS's interrogatories and provided no documents. Attached as Exhibit A are true and correct copies of Plaintiff's Responses to NCS's First Set of Requests for Production. 4. 5. Plaintiff produced documents on March 22, 2010 and again on April 12, 2010. Plaintiff's production was disorganized. There was no attempt to categorize or

label, and the documents did not appear to be produced in the manner kept in the ordinary course of business. For example, letters to third parties and subpoenas were interspersed in the production in the midst of other documents such as screenshots and newspaper articles. 6. Many of the documents were not legible. Attached as Exhibit B are exemplars of

documents which were not legible. 7. Attached as Exhibit C are exemplars of screenshots produced by Plaintiff. While

some items are legible, other items are not legible at all. In addition, because these screenshots

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are in black-and-white, information that was present in the original documents is missing in this copy (e.g., colors, details in photos, graphical design, etc.). 8. Attached as Exhibit D is a true and correct copy of my letter to Enrico Schaefer

dated March 5, 2010. 9. Attached as Exhibit E is a true and correct copy of my letter to Enrico Schaefer

dated March 11, 2010. 10. Attached as Exhibit F is a true and correct copy of my letter to Enrico Schaefer

dated April 12, 2010. 11. Attached as Exhibit G is a true and correct copy of my letter to Enrico Schaefer

dated April 15, 2010. 12. I have personally reviewed Plaintiff's entire document production. To date,

Plaintiff has not produced documents in response to Request Nos. 1, 2, 18, 24, 25, 30, 31 or 34 nor has it supplemented its discovery responses to indicate that such documents have not been located. 13. Attached as Exhibit H is a true and correct copy of the document produced as

WU03946-3958. 14. Plaintiff has produced some limited documentation in response to Request Nos. 6

and 28 but it has not produced the complete USPTO files or all communications with USPTO such as Office Actions during registration. // //

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15.

Attached as Exhibit I is a true and correct copy of Plaintiff's Initial Disclosures.

Executed on this 21st day of April 2010 at Los Angeles, California.

/s/William A. Delgado William A. Delgado

.

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CERTIFICATE OF SERVICE I hereby certify that on April 21, 2010, 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 Anthony P. Patti (P43729) HOOPER HATHAWAY, PC 126 South Main Street Ann Arbor, MI 48104 734-662-4426 [e-mail] 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 William A. Delgado (admitted pro hac vice) 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 (admitted pro hac vice) 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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