Northeastern University et al v. Google, Inc.,

Filing 198

***DEFICIENT DOCUMENT, PLEASE IGNORE.***Emergency MOTION to Quash the Subpoena of Michael Belanger by Jarg Corporation, Northeastern University. (Attachments: # 1 Affidavit Declaration of Robert Schick, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Text of Proposed Order)(Glauser, Nicole) Modified on 4/6/2011 (sm, ).

Northeastern University et al v. Google, Inc.,

Doc. 198 Att. 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

NORTHEASTERN UNIVERSITY and JARG CORPORATION, Plaintiffs, Case No. 2:07-CV-486-CE v. JURY TRIAL DEMANDED GOOGLE INC., Defendant.

DECLARATION OF ROBERT M. SCHICK IN SUPPORT OF PLAINTIFFS' EMERGENCY MOTION TO QUASH THE SUBPOENA OF MICHAEL BELANGER

Dockets.Justia.com

I, Robert M. Schick, declare as follows: 1. I am an attorney with Vinson & Elkins LLP, counsel of record for Plaintiffs in

this action. I have personal knowledge of the matters set forth herein and, if called to testify, would testify truthfully and competently thereto. 2. On April 4, 2010, fifteen minutes after the parties were excused from jury

selection in this case, I called Michael Belanger on his cell phone in Florida. During our conversation, Mr. Belanger received a call at his door and a server handed him a three page document titled "Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action." The server did not provide Mr. Belanger with a check or any other payment. 3. Attached as Exhibit 1 is a true and correct copy of a Subpoena to Appear and

Testify at a Hearing or Trial in a Civil Action, issued by counsel for Defendant Google Inc. and served on Michael Belanger on April 4, 2011. 4. Attached as Exhibit 2 is a true and correct copy of excerpts from the Deposition

of Kenneth Baclawski, taken on August 27, 2009. 5. Attached as Exhibit 3 is a true and correct copy of excerpts from the Deposition

of Michael Belanger, taken on July 15, 2010. 6. Attached as Exhibit 4 is a true and correct copy of a letter from counsel for

Plaintiffs, Nicole E. Glauser, to counsel for Google, Shelley K. Mack, regarding Trial Coordination, dated March 11, 2011. 7. Attached as Exhibit 5 is a true and correct copy of excerpts from the transcript of

the Pre-Trial Hearing Before the Honorable Judge Chad Everingham United States Magistrate Judge, held March 29, 2011.

1

8.

Attached as Exhibit 6 is a true and correct copy of excerpts from an email from

counsel for Google, Shelley K. Mack, to counsel for Plaintiffs, attaching Google's witness list, exhibit list and deposition designation list, dated February 18, 2011. 9. Attached as Exhibit 7 is a true and correct copy of an email chain between

counsel for Google, Jerry Yen, and counsel for Plaintiffs, Nicki Glauser, re: Google/Jarg Additional Belanger Designations, dated April 4 & 5, 2011. I declare under penalty of perjury that the foregoing is true and correct. Executed on April 5, 2011.

/s/ Robert M. Schick Robert M. Schick

2