Personal Audio, LLC v. XM Satellite Radio, Inc.

Filing 7

MOTION to Dismiss (XM Satellite Radio Inc.'s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6)) by XM Satellite Radio, Inc.. (Attachments: # 1 Declaration of Mehra, # 2 Text of Proposed Order)(DeRieux, Elizabeth)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS LUFKIN DIVISION PERSONAL AUDIO, LLC, Plaintiff, v. XM SATELLITE RADIO, INC., Defendants. DECLARATION OF BENU MEHRA IN SUPPORT OF XM SATELLITE RADIO INC.'S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6) I, Benu Mehra, Esq. hereby declare as follows: 1. I am an attorney-at-law of the State of New York and an associate at the CASE NO. 9:10-CV-00035-RC JURY TRIAL DEMANDED

law firm of Kramer Levin Naftalis & Frankel LLP, attorney for Sirius XM Radio Inc. ("Sirius") in the above-captioned matter. 2. I submit this Declaration in support of XM Satellite Radio Inc.'s Motion

to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6). 3. I have personal knowledge of the facts set forth in this declaration and am

competent to testify as to all matters stated. 4. Attached as Exhibit A is a true and correct copy of Personal Audio, LLC's

Motion For Leave To Add XM Satellite Radio Inc. As A Party, Or In The Alternative To Consolidate, with declaration, exhibits and proposed order, dated April 16, 2010, filed as Docket Number 105 in Civil Action No. 9:09-CV-111 (the "Sirius Action"). 5. Attached as Exhibit B is a true and correct copy of Sirius' Opposition To

Personal Audio's Motion For Leave To Add XM Satellite Radio Inc. As A Party Or In 1
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The Alternative To Consolidate, with declaration, exhibits and proposed order, dated May 3, 2010, filed as Docket Number 116 in the Sirius Action. 6. Attached as Exhibit C is a true and correct copy Personal Audio, LLC's

Reply Brief Regarding Its Motion To Add XM Satellite Radio Inc. As A Party, Or In The Alternative To Consolidate, dated May 7, 2010, filed as Docket Number 119 in the Sirius Action. I declare under penalty of perjury, subject to the laws of the United States, that the foregoing is true and correct. Executed this 10th day of May, 2010.

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/s/ Benu Mehra_____________ Benu Mehra, Esq.

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These attachments will be filed upon the Court's ruling on XM's motion to seal which will be filed separately.

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