John Wiley & Sons, Inc. v. Supap Kirtsaeng et al

Filing 15

BRIEF re: 14 Brief ISRAEL DECLARATION. Document filed by Supap Kirtsaeng. (Attachments: # 1 Exhibit Israel aff exh 1, # 2 Exhibit Israel decl exh 2, # 3 Exhibit ISRAEL DECL EXH 3, # 4 Exhibit ISRAEL DECL EXH 4, # 5 Exhibit ISRAEL DECL EXH 5, # 6 Exhibit ISRAEL DECL EXH. 6, # 7 Exhibit ISRAEL DECL EXH. 7)(Israel, Sam)

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ISRAEL DECLARATION
EXHIBIT 7

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------------------------------X
JOHN WILEY & SONS, INC.,
08 CV 7834
Plaintiff
Lynch, G, USDJ
Jury Trial Demanded

-againstSUPAP KIRTSAENG D/B/A BLUECHRISTINE99
and JOHN DOE NOS. 1-5,
Defendants
___________________________________________X

DEFENDANT’S INTERROGATORY RESPONSES
Defendant Supap Kirtsaeng (“Kirtsaeng” or “Defendant”), by his counsel, Sam P.
Israel, P.C., as and for his responses to the first set of interrogatories (the “Request”) of
Plaintiff John Wiley & Sons, Inc., (“Plaintiff”) states as follows:

General Objections
The Defendant objects to the Request where it exceeds or is inconsistent with the
obligations imposed upon the Defendants by the Federal Rules of Civil Procedure and the
Local Civil Rules of this Court and/or to the extent that the Request seeks information not
likely to lead to the discovery of admissible evidence.
The Defendant objects to the Request to the extent that it seeks information
generated, or received in anticipation of or during litigation. The Defendant objects to the
Request to the extent it seeks information protected by the attorney-client and/or workproduct privileges.
The Defendant objects to the Request to the extent that it contains over-broad and
undefined terms.
The Defendant and his counsel are continuing to investigate the facts in defending
against the Plaintiff’s claims and his responses are neither intended as, nor shall in any way

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be deemed as, an admission or representation that further facts, documents, or witnesses
having knowledge relevant to the subject matter of the Plaintiff’s discovery demands do not
exist. These responses are given without prejudice to the Defendant’s right to use or rely on
at any time, including at trial, subsequently discovered information or information omitted
from these responses as a result of mistake or inadvertence.

Specific Interrogatory Responses

Interrogatory 1
State the names and addresses of witnesses with knowledge of the subject matter of this
action.
Response
Supap Kirtsaeng
Interrogatory 2
State the amount of revenue that defendant has received from the sale of Foreign Editions of
the textbooks of Wiley.
Response
Estimated revenue from the sale of Wiley’s international edition textbooks is $1,600. This
consists of 8 titles, 20 books per title @ $10 per book.
Interrogatory 3
Identify by title and author each Foreign Edition of the textbooks of Wiley that defendant
has imported into the United States.
Response
The Defendant lacks personal knowledge of which books were/were not Foreign Editions
but believes that he has imported books included in each of the “Wiley Copyrights.”
Interrogatory 4
Identify by title and author each Foreign Edition of the textbooks of Wiley that defendant
has sold.
Response

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The Defendant lacks personal knowledge of which books were/were not Foreign Editions
but believes that he has imported books included in each of the “Wiley Copyrights,” as
defined in this action by the Plaintiff. To the extent that the books are accurate, their titles
and authors are self-evident.
Interrogatory 5
Identify by title and author each Foreign Edition of a Wiley textbook that defendant has in
his inventory.
Response
None.
Interrogatory 6
Identify each website or forum by which defendant has sold or is selling Foreign Editions.
Response
The books were sold solely through eBay.
Interrogatory 7
Identify each financial account in which defendant has received funds from the sale of
Foreign Editions.
Response
The Defendant objects to the Request to the extent that it is overbroad and not reasonably
calculated to lead to the discovery of admissible evidence.
Interrogatory 8
Identify the title, date of sale, price, purchaser, and contact information of the purchaser for
each sale of a Foreign Edition of any textbook defendant sold.
Response
The Defendant objects to the Request to the extent that it is overbroad and not reasonably
calculated to lead to the discovery of admissible evidence.
Interrogatorv 9
Identify the title, date of sale, price, purchaser, and contact information of the purchaser for
each sale of a United States edition of any textbook defendant sold.
Response
The Defendant objects to the Request to the extent that it is overbroad and not reasonably
calculated to lead to the discovery of admissible evidence.
Interrogatory 10

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Identify the date of sale, price, seller, and contact information of the seller for each Foreign
Edition of any textbook defendant purchased.
Response
The Defendant objects to the Request to the extent that it is overbroad and not reasonably
calculated to lead to the discovery of admissible evidence.

Sam P. Israel, P.C.
Dated: New York, New York
February 16, 2009

By:s/________________
Sam P. Israel (SPI0270)
Attorney for Defendant Supap
Kirtsaeng
Twenty Third Floor
New York, NY 10006
Tel: [phone]
Fax: [phone]