CNG Financial Corporation v. Google Inc

Filing 41

RESPONSE to Motion re 38 MOTION to Compel The Production of Documents filed by Plaintiff CNG Financial Corporation, Counter Defendant CNG Financial Corporation. (Attachments: # 1 Exhibit A - CNG's website home page# 2 Exhibit B - sample search page generated by a Google search# 3 Exhibit C - CNG's Financial Corporation's Response to the Motion by Google to Compel the Production of Documents# 4 Declaration of Barry D. Hunter in Support of CNG Financial Corporation's Response to the Motion by Google to Compel the Production of Documents# 5 December 1, 2006 correspondence from Barry D. Hunter to Eugene M. Paige, Esq.)(Hunter, Barry)

CNG Financial Corporation v. Google Inc

Doc. 41 Att. 4

Case 1:06-cv-00040-SSB-TSB

Document 41-5

Filed 01/08/2007

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION
CNG FINANCIAL CORPORATION
Case No. I :06-cv-040
Plaintiff/Counterclaim -

Defendant,
vs.

Chief Judge Sandra S. Beckwith Magistrate Timothy S. Black

GOOGLE INC.
Defendant/Counterclaim- :

Plaintiff.

DECLARATION OF BARRY D. HUNTER IN SUPPORT OF CNG FINANCIAL CORPORATION'S RESPONSE TO THE MOTION BY GOOGLE TO COMPEL THE PRODUCTION OF DOCUMENTS

1. My name is Barry D. Hunter, and I am lead counsel for CNG Financial
Corporation ("CNG") in this case. I make this Declaration on personal knowledge.
2. Before Google fied its Motion to Compel, I produced to Google's counsel much of

the financial information pertaining to CNG's online operating subsidiary, Avante TelAvance,
Inc.
3. Between June, 2006 (when I both produced CNG's online subsidiaries' financial

information and objected to the production of any fuher financial information) and early

December, 2006 when I received Google's counsel's November 27 letter, Google had not
indicated to me that they took issue with CNG's position on the production of its financial
information. As stated in my December I

letter, attached, Google's counsel faxed the November

27 letter-demanding response by December I-while I was in their presence in California
taking depositions in this case.
4. In response, I assured Google's counsel that additional financial production would

be promptly forthcoming. In my December 8 letter, not intended for publication but attached as

Dockets.Justia.com

Case 1:06-cv-00040-SSB-TSB

Document 41-5

Filed 01/08/2007

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an Exhibit to Google's Motion, I stated that such production would be made "before noon on the

last business day before the depositions." This comment was not meant to indicate that CNG

would withhold its production until such time. Instead, the reference to the last business day
before the depositions was meant as a tongue in cheek reference to Google's own production,

just 2 weeks earlier, of literally thousands of pages of important and very relevant documents at
noon on the last non-holiday business day before CNG took Google's depositions during the

week following the Thanksgiving holidays, and was made to indicate that production on our end
would not be made at such a late and highly improper hour.
5. In any event, this additional financial production, which Google has suggested to

the Cour was being withheld by CNG, has already been made-more than a month before the
scheduled depositions.
6. In addition, I have attempted to reach agreement with Google's counsel on some
limitation to the scope of Google' s extensive requests for additional financial documents.

Google's counsel has refused any such limitation.
I declare, under penalties of

perjury, that the foregoing is true and correct.

Dated this L day of January, 2007, in Lexington, Kentucky.

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