John Beck Amazing Profits, LLC v. Google Inc. et al

Filing 58

***DEFICIENT DOCUMENT, PLEASE IGNORE.***MOTION to Exclude the Expert Report and Opinion of Thomas J. Maronick and Brief in Support by AOL LLC, Google Inc.. (Attachments: # 1 Declaration of Carl Butzer, # 2 Exhibit A to the Declaration of Carl Butzer - part 1, # 3 Exhibit A to the Declaration of Carl Butzer - part 2, # 4 Exhibit A to the Declaration of Carl Butzer - part 3, # 5 Exhibit A to the Declaration of Carl Butzer - part 4, # 6 Exhibit A to the Declaration of Carl Butzer - part 5, # 7 Exhibit A to the Declaration of Carl Butzer - part 6, # 8 Exhibit A to the Declaration of Carl Butzer - part 7, # 9 Exhibit A to the Declaration of Carl Butzer - part 8, # 10 Exhibit A to the Declaration of Carl Butzer - part 9, # 11 Exhibit A to the Declaration of Carl Butzer - part 10, # 12 Exhibit A to the Declaration of Carl Butzer - part 11, # 13 Exhibit A to the Declaration of Carl Butzer - part 12, # 14 Exhibit A to the Declaration of Carl Butzer - part 13, # 15 Exhibit A to the Declaration of Carl Butzer - part 14, # 16 Declaration of Itamar Simonson, # 17 Exhibit 1 to Declaration of Itamar Simonson, # 18 Text of Proposed Order)(Babcock, Charles) Modified on 9/20/2010 (sm, ).

John Beck Amazing Profits, LLC v. Google Inc. et al

Doc. 58 Att. 4

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A. Q.

As far as I can tell, yes. Does the report, which primarily

consists of pages 1 through 20, 20 pages, that is your report in this case; true? A. report, yes. Q. correct. A. Q. Pages 1 through 21, you're That is your report; true? That is correct, yes. Is there anything in that report Page 1 through 21. That is my

as you sit here today that you believe to be in error or incorrect? A. Q. No, I don't think so. Do you have any intentions today

or in the future to make any changes with respect to your report?
A. No, I do not.

Q.

Or do you have any intentions of

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making any changes to any of the materials in Exhibit Number 2? A. No, I do not.
MR. MORAN:

David, this is David

Moran and Carl Butzer on behalf of the Defendants. How are you doing?
MR. PRIDHAM: I apologize to

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you know.
THE WITNESS: BY MR. MORAN: I don't know.

Q.

How many times have you purchased

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an airline ticket on-line? A. fly. Q. A. Q. Three or four times? 30 or 40 times, whenever I fly. 30 or 40 times. All right, sir. 30 times, 40 times. Whenever I

Have you ever purchased a ticket on Southwest Airlines? A. Q. A. Yes. How often have you done that? Six or eight times. Baltimore is

a major hub for Southwest, so that's clearly one I'll fly when I'm going places where Southwest goes. Q. Walk me through the steps that

you've taken to purchase a ticket on Southwest Airlines? A. I would simply go to Southwest

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Airlines' website and then one of the links is to tickets and reservations and I would click on that and then I would walk through the -- you

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know, you know, what city are you leaving from, there's a drop down menu, I put Baltimore in and, for example, Chicago, then what city do you

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want to go to and when do you want to go and how many people are going with you and times. Just

the standard process of making a reservation. Q. All right. So would you have --

when you've made a reservation on Southwest Airlines would you have gone directly to Southwest Airlines' website? A. Q. Yes. Would you have utilized a search

engine to do that or do you bypass that? A. I'm familiar enough with Southwest

Airlines to be able to go directly to Southwest Airlines' website. Q. How do you go to Southwest

Airlines' website? A. Whatever the line,

www.southwestair.com , go to that it way. Q. A. Q. A. Then you press enter? Yes. And what comes up? The Southwest Airlines' website

and, again, as I said, with their menus of

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tickets and reservations, tracking flights or whatever. Q. How many times have you flown

Southwest Airlines say in the last five to ten years? A. I'm going to say four or five.

Five times, maybe. Q. Have you ever made a reservation

for Southwest Airlines by going to a sponsored link? A. Q. A. No, not that I can recall.
Why not?

Again, I can go directly.

I can

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go to Southwest Airlines and get it and go

directly to them. Q. Could you get it going through a

sponsored link? MR. FENSTER: BY MR. MORAN: Q. A. If you know? I don't believe you can. It's my Object to form.

understanding that Southwest, they're not on Expedia or any of those travel sites, and it's my understanding that if I want a Southwest ticket I have to go to Southwest Airlines.

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Q.

How did you come to that

understanding, Professor? A. I don't recall when I first

learned that or how I learned it, but I learned it probably one time when I was looking for a flight and I found one on say United or Delta and then someone said, hey, did you check out Southwest, they go there. I didn't see them on

Expedia or Travelosity, so I said I better check out Southwest. Q. understanding? A. Q. A. Again, I don't recall. Approximately? Again, I don't recall. Four or When would you have acquired this

five years ago, certainly. Q. strike that. So from time to time you've gone and utilized Google and other search engines as part of the Internet searches you've done; true? A. Q. That's correct. And you know from time to time All right, sir. Have you ever --

various sponsored links may come up in response to a search term; true?
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