PA Advisors, LLC v. Google Inc. et al

Filing 257

MOTION to Quash and, MOTION for Protective Order to Preclude Deposition of Johanna Shelton by Google Inc.. (Attachments: #1 Affidavit Declaration of Brian Cannon, #2 Exhibit A to Declaration of Brian Cannon, #3 Exhibit B to Declaration of Brian Cannon, #4 Exhibit C to Declaration of Brian Cannon, #5 Exhibit D to Declaration of Brian Cannon, #6 Exhibit E to Declaration of Brian Cannon, #7 Exhibit F to Declaration of Brian Cannon, #8 Exhibit G to Declaration of Brian Cannon, #9 Exhibit H to Declaration of Brian Cannon, #10 Exhibit I to Declaration of Brian Cannon, #11 Exhibit J to Declaration of Brian Cannon, #12 Exhibit K to Declaration of Brian Cannon, #13 Exhibit L to Declaration of Brian Cannon, #14 Affidavit Declaration of Johanna Shelton, #15 Text of Proposed Order)(Cannon, Brian)

UNTIED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PA ADVISORS, LLC, Plaintiff, CASE NO. 2-07CV-480-DF DECLARATION OF BRIAN CANNON

GOOGLE INC., ET AL., Defendants.

DECLARATION OF BRIAN CANNON

01980.51319/3057018.2

I, Brian Cannon, declare: 1. I am an attorney authorized to practice law in the State of California. I am a

partner with the law firm of Quinn Emanuel Urquhart Oliver & Hedges, counsel of record for Google in this matter. I have personal knowledge of the facts stated herein. 2. On July 17, Plaintiff served a subpoena for the deposition of Johanna Shelton to

occur on July 31, 2009. Attached as Exhibit A is a true and correct copy of the subpoena. 3. Ms. Shelton is not listed on Google's or Plaintiff's initial disclosures. Attached as

Exhibits B and C are true and correct copies of each of the parties' initial disclosures. 4. The parties held a meet and confer on July 20, 2009. Attached as Exhibit D is a

true and correct copy of an email from Google's local counsel, Michael Richardson, to Plaintiff's counsel explaining Google's understanding of the meet and confer. 5. Attached as Exhibit E is a true and correct copy of Plaintiff's counsel's response to

Mr. Richardson's July 20 email. 6. Attached as Exhibit F is a true and correct copy of Google's counsel's July 23

letter concerning the Shelton deposition. 7. On August 6, at a deposition of one of Google's engineers, I asked Plaintiff's

counsel again why the deposition of Ms. Shelton is necessary and what relevance she has to the case. Plaintiff's counsel said he was not prepared to respond and did not do so. 8. Plaintiff. 9. Attached as Exhibit H are true and correct copies of subpoenas served in Bright Attached as Exhibit G is a true and correct copy of an August 12, 2009 letter from

Response v. Google Inc., Case No 2:07CV-371-TJW-CE, by a related plaintiff.

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10.

Attached as Exhibit I is a true and correct copy of August 12, 2009

correspondence from Google. 11. Attached as Exhibit J is a true and correct copy of August 13, 2009

correspondence from Plaintiff. 12. Attached as Exhibit K is a true and correct copy of a subpoena for the deposition

of Michelle Lee, Google's Head of Patents and Patent Strategy. 13. Attached as Exhibit L is a true and correct copy of excerpts of Plaintiff's Second

Set of Requests for Production. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 17 day of August, 2009 at Redwood Shores, California.

__/s/ Brian Cannon_____________________________ Brian Cannon

01980.51319/3057018.2

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