White et al v. West Publishing Corporation et al

Filing 58

DECLARATION of James Hough in Support re: 45 MOTION for Summary Judgment.. Document filed by Reed Elsevier Inc.. (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, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W)(Hough, James)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
EDWARD L. WHITE, P.C.,
Plaintiff,
v.
WEST PUBLISHING CORPORATION
d/b/a “West,” and REED ELSEVIER INC.
d/b/a LexisNexis,

ECF CASE

Civil Action No. 12-CV-1340 (JSR)

Defendants.

DECLARATION OF JAMES HOUGH IN SUPPORT OF DEFENDANT REED
ELSEVIER INC.’S MOTION FOR SUMMARY JUDGMENT

ny-1059966

I, James E. Hough, hereby declare:
1.

I am a member of the Bar of the State of New York and am admitted to practice

before this Court. I am a partner in the law firm of Morrison & Foerster LLP, counsel for
Defendant LexisNexis, a division of Reed Elsevier Inc. (“Lexis”), in this action. I submit this
Declaration in support of Defendant Reed Elsevier Inc.’s Motion for Summary Judgment. I have
personal knowledge of the following facts.
2.

Attached hereto as Exhibit A is a true and correct copy of relevant excerpts from

the transcript of the deposition of Edward L. White in this action, dated August 30, 2012.
3.

Attached hereto as Exhibit B is a true and correct copy of relevant excerpts from

the transcript of the deposition of Martin S. High in this action, dated September 6, 2012.
4.

Attached hereto as Exhibit C is a true and correct copy of the resume of Edward

L. White, included as Exhibit 1 to the deposition of Mr. White in this action.
5.

Attached hereto as Exhibit D is a true and correct copy of the May 10, 2010

Certificate of Registration with the United States Copyright Office for Plaintiff’s Combined
Motion For Summary Judgment For Plaintiffs, Beer And Ramsey, And Brief In Support, bearing
production numbers P00119-120 and included as Exhibit 5 to the deposition of Mr. White in this
action.
6.

Attached hereto as Exhibit E is a true and correct copy of the May 21, 2010

Certificate of Registration with the United States Copyright Office for Plaintiff’s Motion In
Limine, bearing production numbers P00054-55 and included as Exhibit 6 to the deposition of
Mr. White in this action.
7.

Attached hereto as Exhibit F is a true and correct copy of Plaintiff’s Combined

Motion for Summary Judgment for Plaintiffs, Beer and Ramsey, and Brief in Support, filed on
May 20, 2009 in the United States District Court of the Western District of Oklahoma in the case
of Ladene Ramsey Beer, et. al v. XTO Energy, Inc. f/k/a Cross Timbers Oil Company, Case No
CIV-07-798-L (the “Beer Litigation”), bearing production numbers P00056-85 and included as
Exhibit 7 to the deposition of Mr. White in this action.

ny-1059966

1

8.

Attached hereto as Exhibit G is a true and correct copy of Plaintiff’s Motion In

Limine, filed on March 15, 2010 in the United States District Court of the Western District of
Oklahoma, in the Beer Litigation, Case No CIV-07-798-L, bearing production numbers P0000124 and included as Exhibit 8 to the deposition of Mr. White in this action.
9.

Attached hereto as Exhibit H is a true and correct copy of the July 23, 2012

Motion In Support of Class Counsel’s Fee Request and Request For Separate Allocation of Fees
to White and to Prior Class Representatives, filed by Plaintiff in the Beer Litigation, included as
Exhibit 10 to the deposition of Mr. White in this action.
10.

Attached hereto as Exhibit I is a true and correct copy of the March 15, 2010

email message set by the CM/ECF system for the Western District of Oklahoma reflecting the
notice of electronic filing of the Motion In Limine by Plaintiff in the Beer Litigation, bearing
production numbers P00025-29 and included as Exhibit 11 to the deposition of Mr. White in this
action.
11.

Attached hereto as Exhibit J is a true and correct copy of the May 20, 2009 email

message set by the CM/ECF system for the Western District of Oklahoma reflecting the notice of
electronic filing of the Motion for Summary Judgment and Brief by Plaintiff in the Beer
Litigation, bearing production numbers P00086-91 and included as Exhibit 12 to the deposition
of Mr. White in this action.
12.

Attached hereto as Exhibit K is a true and correct copy of the CM/ECF

Registration Form for the United States District Court Western District of Oklahoma, bearing
production numbers LN00003080-3081 and included as Exhibit 13 to the deposition of Mr.
White in this action.
13.

Attached hereto as Exhibit L is a true and correct copy of a document titled

October 2009 Case Management/Electronic Case Files, bearing production numbers
LN00000146-149 and included as Exhibit 15 to the deposition of Mr. White in this action.
14.

Attached hereto as Exhibit M is a true and correct copy of Defendant Reed

Elsevier Inc.’s First Set of Requests for Admission to Plaintiff Edward L. White, P.C., dated

ny-1059966

2

September 7, 2012. These requests for admission were served on Plaintiff’s counsel via email on
September 7, 2012. Plaintiff did not send a response to these requests for admission.
15.

Attached hereto as Exhibit N are true and correct copies of Lexis marketing

specimens, bearing production numbers LN00000024-25 and LN00000027.
16.

Attached hereto as Exhibit O is a true and correct copy of Plaintiff’s Combined

Motion for Summary Judgment for Plaintiffs, Beer and Ramsey, and Brief in Support, filed on
May 20, 2009 in the Beer Litigation, as was available on lexis.com with the Lexis citation 2009
U.S. Dist. Ct. Motions LEXIS 79861, bearing production numbers LN00000109-119.
17.

Attached hereto as Exhibit P is a true and correct copy of Plaintiff’s Motion In

Limine, filed on March 15, 2010 in the Beer Litigation, as was available on lexis.com with the
Lexis citation 2010 U.S. Dist. Ct. Motions LEXIS 5166, bearing production numbers
LN00000128-136.
18.

Attached hereto as Exhibit Q is a true and correct copy of the Order Decertifying

the Class in the Beer Litigation, Docket Entry 189.
19.

Attached hereto as Exhibit R is a true and correct copy of the Motion to Intervene

and Brief in Support, by Bill Fankhouser and Tim Goddard in the Beer Litigation, Docket Entry
191.
20.

Attached hereto as Exhibit S is a true and correct copy of the Motion for Relief

from Order of Decertification and Dismissal and to Stay Distribution of Notice to Class, by Bill
Fanhouser and Tim Goddard in the Beer Litigation, Docket Entry 195.
21.

Attached hereto as Exhibit T is a true and correct copy of the Chronology of the

Federal Judiciary’s Electronic Public Access (EPA) Program, available at
http://www.pacer.gov/documents/epachron.pdf, last visited Oct. 3, 2012.
22.

Attached hereto as Exhibit U is a true and correct copy of a screenshot of the

PACER website home page, available at http://www.pacer.gov, last visited Oct. 3, 2012.

ny-1059966

3

23.

Attached hereto as Exhibit V is a true and correct copy of a screenshot of the

PACER Frequently Asked Questions website, available at http://www.pacer.gov/psc/faq.html,
last visited Oct. 3, 2012.
24.

Attached hereto as Exhibit W is a true and correct copy of a screenshot of the

United States Courts Court Records website, available at
http://www.uscourts.gov/CourtRecords.aspx, last visited Oct. 3, 2012.
I declare under the penalty of perjury under the laws of the United States that the
foregoing is true and correct. Executed on October 5, 2012.
/s/ James E. Hough
James E. Hough

ny-1059966

4