Polaris IP, LLC v. Google Inc. et al

Filing 365

RESPONSE in Opposition re 364 MOTION to Stay Discovery Ordered In Docket Number 355 Until An Amended Protective Order Is Entered And Pending The Resolution Of Yahoo!'s Motion For Partial Reconsideration filed by Bright Response LLC. (Attachments: # 1 Affidavit of Liz Wiley, # 2 Exhibit A, # 3 Exhibit B)(Wiley, Elizabeth)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION BRIGHT RESPONSE, LLC, Plaintiff, v. GOOGLE, INC., et al., Defendants. § § § § § § § § §

Civil Action No. 2:07-cv-371-ce JURY TRIAL DEMANDED

DECLARATION OF ELIZABETH A. WILEY IN SUPPORT OF BRIGHT RESPONSE, LLC'S RESPONSE TO YAHOO! INC.'S MOTION TO STAY DISCOVERY ORDERED IN DOCKET NUMBER 355 UNTIL AN AMENDED PROTECTIVE ORDER IS ENTERED AND PENDING THE RESOLUTION OF YAHOO!'S MOTION FOR PARTIAL RECONSIDERATION BY YAHOO! INC. My name is Elizabeth A. Wiley. I am a member of the State Bar of Texas, with The Wiley Firm PC, and one of the counsel of record for Bright Response, LLC ("Bright Response") in the above-referenced action. The facts recited below are within my personal knowledge in my capacity as counsel for Bright Response and based on my access to documents produced in this litigation as maintained in client files regarding this litigation. These facts are true and correct and if called upon testify I would truthfully testify regarding these facts. 1. Exhibit A is a true and correct copy of an email dated June 3, 2010, and showing the

email's time stamp of Thursday June 3, 2010 at 6:51 p.m., which email was forwarded to me by my co-counsel Mr. David Pridham, confirming that the group in the "to" line of [e-mail] includes Mr. Pridham. 2. Exhibit B is a true and correct copy of an email forwarded to me by co-counsel Mr.

Andrew Weiss concerning the service by Yahoo counsel Mr. Scott Sherwin on Mr. Pridham of the redacted version of Docket Number 363, which email of Mr. Sherwin is dated June 16, 2010 7:28:32 PM PDT.

I declare under penalty of perjury that the foregoing is true and correct. Executed this 17th day of June, 2010, in Austin, Texas. /s/ Elizabeth A. Wiley Elizabeth A. Wiley

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