Quicken Loans Incorporated v. Epic Media Group, Incorporated et al

Filing 1

COMPLAINT filed by Quicken Loans Incorporated against Azoogle.com, Incorporated, Azoogleads US, Incorporated, Azoogleads.com, Incorporated, Epic Media Group, Incorporated. Plaintiff requests summons issued. Receipt No: 0645-2930486 - Fee: $ 350. County of 1st Plaintiff: Wayne, Michigan - County Where Action Arose: Wayne, Michigan - County of 1st Defendant: Out of State. [Previously dismissed case: No] (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1a - Agreement (pp 1-6), # 3 Exhibit 1b - Agreement (pp 7-13), # 4 Exhibit 2a - First Amended Complaint (pp 1-41), # 5 Exhibit 2b - First Amended Complaint (pp 42-73), # 6 Exhibit 3 - 5 June 2008 letter, # 7 Exhibit 4 - 19 March 2009 Order, # 8 Exhibit 5 - 23 April 2009 Order, # 9 Exhibit 6 - 9 July 2010 Memorandum Opinion, # 10 Exhibit 7 - 16 August 2010 letter) (Lavigne, Joseph)

EXHIBIT 7

20555 Victor Parkway | Livonia | Michigan | 48152 | www.quickenloans.com

ANDREW LUSK
DIRECT: [phone]
FAX: [phone]
[e-mail]

V IA E MAIL TO DAVID . GRAFF @ EPICADVERTISING . COM

August 16, 2010
David Graff
General Counsel and Sr. Vice-President
Epic Advertising
512 Seventh Avenue, 12th Floor
New York, NY 10018
Re:

Defense Costs of Quicken Loans in Hypertouch, Inc. v. Azoogle.com, Inc., et al

Dear Mr. Graff:
In a letter dated June 5, 2008, Quicken Loans notified AzoogleAds.com of it obligation to
defend, indemnify and hold harmless Quicken Loans in the above-captioned litigation pursuant
to a marketing agreement effective August 1, 2005. A copy of the June 5 letter is attached.
As you probably know, the litigation ended recently after the court of appeals affirmed
the district court’s order dismissing the plaintiffs’ claims against Azoogle and Quicken Loans,
among others. Quicken Loans incurred fees of $88,110.00 and costs of $2,254.00 defending itself in the Hypertouch litigation, for a total of $90,364.00. Please note that Quicken Loans was
able to minimize its defense costs throughout the litigation by directing its counsel to allow Azoogle’s litigation counsel to take the lead, collaborate with Azoogle’s counsel, and to not duplicate
attorney work where possible. As a result, I suspect that the amount of defense costs incurred by
Quicken Loans is much lower than any would have anticipated.
There is a history between Quicken Loans and Azoogle concerning indemnification. After an initial disagreement in the defense of the Asis Internet case, we were able to work out our
differences and Azoogle honored its contractual indemnification obligations. Please contact me
to discuss Azoogle’s fulfillment of its obligation to indemnify Quicken Loans for its defense
costs in the Hypertouch litigation.
Sincerely,
Q UICKEN L OANS I NC .

Andrew Lusk
Associate Corporate Counsel
Enclosure