Gucci America, Inc. v. Frontline Processing Corporation et al

Filing 73

DECLARATION of Charles P. Kennedy, Esq. in Opposition re: 66 MOTION for Summary Judgment.. Document filed by Woodforest National Bank. (Attachments: # 1 Exhibits A - U)(Mentlik, William)

Gucci America, Inc. v. Frontline Processing Corporation et al

Doc. 73

Document Filed Electronically UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK GUCCI AMERICA, INC. Plaintiff, v. FRONTLINE PROCESSING CORPORATION; WOODFOREST NATIONAL BANK; DURANGO MERCHANT SERVICES LLC d/b/a NATIONAL BANKCARD SYSTEMS OF DURANGO; ABC COMPANIES; and JOHN DOES, Defendants. : : : : : : : : : : : : : x Civil Action No. 09-6925-HB District Judge Harold Baer, Jr.

DECLARATION OF CHARLES P. KENNEDY IN SUPPORT OF DEFENDANT WOODFOREST'S OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT I, CHARLES P. KENNEDY, declare and state as follows: 1. I am a member of Lerner, David, Littenberg, Krumholz & Mentlik, LLP, attorneys for

defendant Woodforest National Bank in the above-captioned matter. I submit this declaration for purposes of identifying exhibits submitted in opposition to Gucci's motion for summary judgment on liability. 2. Attached as Exhibit A is a true and accurate copy of the application by Laurette

Company to Woodforest National Bank, dated on or about November 15, 2006. 3. Attached as Exhibit B are cited pages from the transcript of the deposition of

Jennifer Kirk, taken on July 8, 2010. 4. Attached as Exhibit C are cited pages from the transcript of the deposition of Nathan

Counley, taken on June 14, 2010. 5. Attached as Exhibit D are cited pages from the transcript of the deposition of Mona

Boykin, taken on June 29, 2010

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6.

Attached as Exhibit E are cited pages from the transcript of the deposition of Rhonda

Lemos, taken on June 25, 2010 7. Attached as Exhibit F is a true and accurate copy of the agreement between

Merchants' Choice Card Services and Nathan Counley, signed March 17, 2005. (WNB00010-14.) [This is a confidential document.] 8. Attached as Exhibit G is a true and accurate copy of the Declaration of Jennifer Kirk,

dated November 13, 2009, and filed in this action. 9. Attached as Exhibit H is a true and accurate copy of an application submitted by

Charismaticstyle.com to Woodforest National Bank on or about June 29, 2007. (WNB00966-969, 976-77.) [This is a confidential document.] 10. Attached as Exhibit I are cited pages from the transcript of the deposition of Terilyn

Novak, taken on July 18, 2010. 11. Attached as Exhibit J is a true and accurate copy of pages from TheBagAddiction

Web site printed November 16, 2006, and marked as Exhibit Novak-2 at the Novak deposition. 12. Attached as Exhibit K is a true and accurate copy of pages from TheBagAddiction

Web site printed February 25, 2008, and marked as Exhibit Novak-3 at the Novak deposition. 13. Attached as Exhibit L are cited pages from the transcript of the deposition of Sandro

Risi, taken on June 23, 2010. 14. Attached as Exhibit M is a list of Internet merchants approved by Woodforest

National Bank and the dates of application, which was marked as Exhibit Counley-42 at the Counley deposition. 15. Attached as Exhibit N is a true and accurate copy of a July 19, 2010 e-mail from Ann

Coyle, an attorney for Gucci, to Charles Kennedy, an attorney for Woodforest, confirming that Gucci did not send a "cease and desist" letter to TheBagAddiction Web site.

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