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

Filing 61

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 Declaration of Carl Butzer part 1, # 3 Exhibit A to Declaration of Carl Butzer part 2, # 4 Exhibit A to Declaration of Carl Butzer part 3, # 5 Exhibit A to Declaration of Carl Butzer part 4, # 6 Exhibit A to Declaration of Carl Butzer part 5, # 7 Exhibit A to Declaration of Carl Butzer part 6, # 8 Exhibit A to Declaration of Carl Butzer part 7, # 9 Exhibit A to Declaration of Carl Butzer part 8, # 10 Exhibit A to Declaration of Carl Butzer part 9, # 11 Exhibit A to Declaration of Carl Butzer part 10, # 12 Exhibit A to Declaration of Carl Butzer part 11, # 13 Exhibit A to Declaration of Carl Butzer part 12, # 14 Exhibit A to Declaration of Carl Butzer part 13, # 15 Exhibit A to Declaration of Carl Butzer part 14, # 16 Exhibit B to Declaration of Carl Butzer, # 17 Declaration of Itamar Simonson, # 18 Exhibit 1 to Declaration of Itamar Simonson, # 19 Text of Proposed Order)(Babcock, Charles)

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

Doc. 61 Att. 1

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

FPX, LLC d/b/a FIREPOND, Individually and on Behalf of All Others Similarly Situated,
Plaintiff, V.

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Civil Action No. 2:09-cv-00142-TJW

CLASS ACTION COMPLAINT

GOOGLE, INC., YOUI'UBE, LLC, AOL, LLC, TURNER BROADCASTING SYSTEM, INC., MYSPACE, INC. AND IAC/INTERACTIVECORP, Defendants.

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JURY TRIAL REQUESTED

THE RODNEY A. HAMILTON LIVING TRUST and JOHN BECK AMAZING PROFITS, LLC, Individually and on Behalf of All Others Similarly Situated,
Plaintiffs , V, (1) GOOGLE INC.; AND (2) AOL LLC,

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Civil Action No. 2:09-cv-00 15 1 -TJW-CE

CLASS ACTION COMPLAINT

JURY TRIAL REQUESTED

Defendants.

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DECLARATION OF CARL C. BUTZER 1, Carl C. Butzer, hereby declare and state as follows: 1. My name is Carl C. Butzer, I am over the age of 21, of sound mind, have never

been convicted of a felony, am competent to make this Declaration, and every statement herein is within my personal knowledge and is true and correct.

Declaration of Carl C. Butzer - Page 1
Dockets.Justia.com

2.

I am an attorney of record for Defendants in this matter. In that capacity, I

have gained personal knowledge of the facts contained herein, each of which is true and correct.

3. documents:

Attached to this declaration are true and correct copies of the following

A.

The documents in Tab A are true and correct excerpts of the deposition of Thomas J. Maronick, taken on or about June 22, 2010. These documents are referred to in Defendants' Consolidated Motion to Exclude as "Mar. Dep., _
)1

B.

The document in Tab B is a true and correct copy of Thomas J. Maronick's Report entitled "An Empirical Analysis of Consumers' Understanding of the Relationship between Sponsored Links and "Searched For" Links on Internet Search Engines" dated June 2, 2010 and all exhibits attached thereto. These

documents are referred to in Defendants' Consolidated Motion to Exclude as "Mar. Dep. Ex. 2, p.
II

I declare under penalty of perjury that the foregoing is true and correct. Executed on this 17th day of September, 2010.
F

Declaration of Carl C. Butzer -- Page 2