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. 2

Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 THE RODNEY A. HAMILTON LIVING TRUST and JOHN BECK AMAZING PROFITS, LLC, Civil Action No. Individually and on Behalf 2:09-cv-00151--TJW-CE of All Others Similarly Situated, Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION FPX, LLC d/b/a FIREPOND, Civil Action No. 2:09-cv-00142-TJW-CE Individually and/or on Behalf of All Others Similarly Situated, Plaintiff, vs. GOOGLE, INC., YOUTUBE, LLC, AOL, LLC, TURNER BROADCASTING SYSTEM, INC., MYSPACE, INC. AND IAC/INTERACTIVECORP, Defendants.

cP-rtified ri-ainscripL

vs.
16 17 18 19 20 21 22 23 24 25 (1) GOOGLE INC.; AND (2) AOL LLC, Defendants VIDEOTAPED DEPOSITION OF THOMAS J. MARONICK, DBA, JD WASHINGTON, D.C. June 22, 2010 The videotaped deposition of THOMAS J. MARONICK, DBA, JD was convened on Wednesday, June 22, 2010, commencing at 9:18 a.m., at the offices of Veritext Corporate Services 973-410-4040
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Katten Muchin Rosenman LLP, 2900 K Street, NW, North Tower, Suite 200, Washington, DC 20007, before Paula G. Satkin, Registered Professional Reporter and Notary Public. Job No. 266375

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3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ALSO PRESENT: MIA MARBURY, VIDEOGRAPHER ON BEHALF OF THE DEFENDANTS: DAVID T. MORAN, ATTORNEY AT LAW CARL C. BUTZER, ATTORNEY AT LAW JACKSON WALKER LLP 901 Main Street, Suite 6000 Dallas, Texas 75202 214.953.6051 ON BEHALF OF THE PLAINTIFFS: MARC A. FENSTER, ATTORNEY AT LAW RUSS AUGUST & KABAT 12424 Wilshire Boulevard, 12th Floor Los Angeles, CA 90025 310.979.8278 DAVID PRIDHAM, ATTORNEY AT LAW LAW OFFICES OF DAVID PRIDHAM (PRESENT VIA TELEPHONE) APPEARANCES

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4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MARONICK EXHIBIT NO: 1 2 3 4 5 6 7 8 9 10 11 12 13
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CONTENTS

THOMAS J. MARONICK BY MR. MORON AFTERNOON SESSION

EXAMINATION 7 187

EXHIBITS

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EXHIBITS MARONICK EXHIBIT NO. 17 18
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PROCEEDINGS

THE VIDEOGRAPHER:

Good morning. The date

My name is Mia Marbury of Veritext. today is June 22nd, 2010. screen is 9:18:05.

The time on the video

This deposition is being held in the office of Katten Muchin Rosenman LLP, located at 2900 K Street, Northwest, North Tower, Washington, D.C. 20007. The caption of this case is FPX LLC doing business as Firepond, Individually and on Behalf of All the Others Similarly Situated versus Google, Incorporated, YouTube, LLC, AOL, LLC, Turner Broadcasting System, Incorporated, MySpace, Incorporated and IAC, IAC/Interactivecorp, Civil Action Number 209-cv-00142-TJW-CE. Also taken in the matter of the Rodney A. Hamilton Living Trust and John Beck Amazing Profits LLC, Individually and on Behalf of All Others Similarly Situated versus Google and AOL, LLC, In the United States District Court for the Eastern District of Texas, Marshall Division. The name of the witness is
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Thomas J. Maronick. At this time will the attorneys please identify themselves and the parties they represent, after which our court reporter, Paula Satkin of Veritext, will swear in the witness and we can proceed. MR. FENSTER: Marc Fenster with

Russ August & Kabat on behalf of the Plaintiffs. MR. MORAN: David Moran of Jackson

Walker on behalf of the Defendants, along with Carl Butzer, my partner, also representing the Defendants. MR. FENSTER: And David Pridham

may be joining telephonically, although he's not currently on the line. Whereupon--

THOMAS JOSEPH MARONICK a witness, called for examination, having been first duly sworn, was examined and testified as follows:

EXAMINATION BY COUNSEL FOR DEFENDANTS

BY MR. MORAN:

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Q. A.

Tell us your name, sir? Thomas Joseph Maronick, that's

M-A-R-O-N-I-C-K. Q. Maronick? A. Maryland. Q. A. Q. A. Q. A. How long have you lived there? 25 years. Are you married? Yes. Do you have any children? Yes, I have two. A 33 year old 5911 Charlesmead Road, Baltimore, And where did do you live Mr.

son and a 30 year old son. Q. Is your wife employed outside the

A. Q. A. Q.

No, she is not. You understand you're under oath? Yes. And you've been retained in this

case by the Plaintiffs as a testifying expert; is that correct? A. Q. That's correct. Could you briefly tell us what

your expertise is with respect to this case?
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