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

Filing 78

RESPONSE in Opposition re 69 MOTION to Strike filed by John Beck Amazing Profits, LLC, The Rodney A. Hamilton Living Trust. (Attachments: # 1 Affidavit of Nathan D. Meyer)(Meyer, Nathan)

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

Doc. 78 Att. 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION 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 DEFENDANTS. DECLARATION OF NATHAN D. MEYER IN OPPOSITION TO MOTION TO STRIKE PORTIONS OF DECLARATION OF MARC A. FENSTER I, Nathan D. Meyer, declare and state as follows: 1. I am a member of the State Bar of California and an attorney at the law firm of

Civil Action No. 2:09-cv-00151-TJW-CE CLASS ACTION COMPLAINT JURY TRIAL DEMANDED

Russ, August & Kabat, one of the counsel for Plaintiffs the Rodney Hamilton Living Trust and John Beck Amazing Profits, LLC in the above-captioned action. I have personal knowledge of the facts set forth herein, and if called upon to testify, could and would testify competently thereto. 2. On September 14, 2010, I personally entered "Southwest Airlines" into

google.com. Attached as Exhibit "D" to Marc Fenster's declaration, filed September 17, 2010 and incorporated hereto by reference is a screenshot of those search results. I clicked on "smartfares.net/southwest," and despite several minutes of searching, was unable to find a link enabling me to buy Southwest Airlines tickets.

3092-001 101105 NDM Dec.doc

Dockets.Justia.com

3.

On September 14, 2010, I personally entered "Trek " into google.com. Attached

as Exhibit "D" to Marc Fenster's declaration, filed September 17, 2010 and incorporated hereto by reference is a screenshot of those search results. I clicked on "bikesdirect.com," and was unable to find a way to buy a Trek bicycle through that website despite several minutes of searching. I declare, under penalty of perjury that the foregoing is true and correct to the best of my knowledge. This Declaration is executed on November 1, 2010 at Los Angeles, California.

Dated: November 5, 2010

/s/s Nathan D. Meyer Nathan D. Meyer

3092-001 101105 NDM Dec.doc

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