Deliverance Poker, LLC v. Tiltware, LLC et al

Filing 87

AFFIDAVIT in Support of 86 Reply to Response to Motion, to Continue Trial Date and Discovery Cutoff or Bifurcate or Sever Claims Against Tiltware by Tiltware, LLC. (Bessette, Paul)

Deliverance Poker, LLC v. Tiltware, LLC et al

Doc. 87

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION
DELIVERANCE POKER, LLC, Plaintiff, CIVIL ACTION NO. 1:10-C V-00664-JRN
vs.

MICHAEL MIZRACHI and TILTWARE, LLC, Defendants.

DECLARATION OF JOHN P. HENRY IN SUPPORT OF TILTWARE'S REPLY BRIEF RE EXPEDITED MOTION TO CONTINUE TRIAL DATE AND DISCOVERY CUTOFF OR BIFURCATE OR SEVER CLAIMS AGAINST TILTWARE
I, John P. Henry, declare: 1. I am attorney-of-record for Defendant Michael Mizrachi and Defendant Tiltware, LLC in

this action. I also participated in the deposition of Maurice Mills in Las Vegas, Nevada. As such, I have personal knowledge of the matters stated herein, and could and would competently testify to the same if called as a witness in this action. 2. Maurice Mills testified, during his deposition, that he was a principal of Sabre Asset

Management, S.A. ("Sabre"). He further testified that Sabre contributed the software to Deliverance Poker which Deliverance claims fulfills the $1,000,000 third-party debt or equity investment precondition to making the personal services contract with Mizrachi effective. 3. When asked technical questions about the software, however, Mr. Mills testified that was

not a programmer and had no personal knowledge about the software or hardware, but that a third-party. Las Vegas From Home.com Entertainment, Inc. ("LVFH"), had created the

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software, made all substantive modifications to the software requested by Deliverance, and maintained ownership and possession of the software at all times. 4. Mr. Mills further testified that LVFH is located in Vancouver, Canada, and that to his

knowledge all versions of the software and hardware created or modified for Deliverance remained in the possession of LVFH in Vancouver, Canada. 5. 1 declare under penalty of perjury under the laws of the United States of America that the

above is true and correct and executed on March 15, 2011 in Austin, Texas.

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Respectfully submitted, GREENBERG TRAURIG, LLP By: /s/ Paul R. Bessette Paul R. Bessette State Bar No. 02263050 R. Adam Swick State Bar No. 24051794 300 W. 6th Street, Suite 2020 Austin, TX 78701 Tel: [phone] Fax: [phone] ([e-mail]) ([e-mail]) and George Belfield (admitted pro hac) CA Bar No. 100272 Jordan Grotzinger (admitted pro hac) CA Bar No. 190166 2450 Colorado Ave., Suite 400 Santa Monica, CA 90404 Tel: [phone] Fax: [phone] [e-mail] [e-mail] Attorneys for Tiltware, LLC

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CERTIFICATE OF SERVICE I hereby certify that on the 16th day of March, 2011, a true and correct copy of the foregoing was served upon the following counsel via the Court's CM/ECF system or First Class Mail:

/s/ R. Adam Swick Douglas M. Becker Gray & Becker, P.C. 900 West Avenue Austin, TX 78701 [phone] Attorneys for Plaintiff William Pieratt Demond Conner & Demond, PLLC 701 Brazos St., Suite 500 Austin, Texas 78701 [phone] Attorneys for Plaintiff John P. Henry The Law Offices of John Henry, P.C. 407 West Liberty Street Round Rock, TX 78664 [phone] Attorneys for Defendant Michael Mizrachi

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