Google v. Pacific Webworks

Filing 14

DECLARATION of Craig Buschmann re 12 Memorandum in Support of Motion of Ex Parte Application for Leave to Take Immediate Discovery filed by Google. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Haley, George)

Google v. Pacific Webworks

Doc. 14

HOLME ROBERTS & OWEN LLP George M. Haley, #1302 [e-mail] Blaine J. Benard, #5661 [e-mail] Craig Buschmann, #10696 [e-mail] 299 South Main Street, Suite 1800 Salt Lake City, UT 84111-2263 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff GOOGLE INC. IN THE UNITED STATES DISTRICT COURT, DISTRICT OF UTAH, CENTRAL DIVISION GOOGLE INC., a Delaware corporation, Plaintiff,
v.

Case No. 2:09-cv-1068 DECLARATION OF CRAIG BUSCHMANN PURSUANT TO 28 U.S.C. § 1746 Judge: Bruce S. Jenkins

PACIFIC WEBWORKS, INC., a Nevada corporation, and DOES 1-50, Defendants.

I, CRAIG BUSCHMANN, hereby declare and state as follows: 1. I am over the age of eighteen years of age. I have personal knowledge of the facts

set forth below, and if called upon to do so, could and would competently testify thereto. 2. I am counsel to Plaintiff Google Inc. ("Google") in the above-referenced action

and am an associate attorney at Holme Roberts & Owen, LLP ("HRO"), with a business address of 299 South Main Street, Suite 1800, Salt Lake City, UT 84111-2263.

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Dockets.Justia.com

3.

Attached as Exhibit A hereto is a true and correct copy of a printout of a webpage

located at http://www.bbb.org/us/article/make-money-from-home-with-google-not-so-fastwarns-bbb-13245 as printed on December 2, 2009. 4. Attached as Exhibit B hereto is a true and correct copy of a printout of a webpage

located at http://www.miamiherald.com/news/action-line/story/1349954.html as printed on November 30, 2009. 5. On December 1, 2009, I viewed and printed out the website

www.newyorkgazettenews.com from a computer in the Salt Lake City, Utah area. Attached as Exhibit D hereto is a true and correct copy of a print of the first screen of the www.newyorkgazettenews.com website. Attached as Exhibit C hereto is a true and correct copy of a print of the first screen of the www.newyorkgazettenews.com website that was printed from a computer in HRO's Denver, Colorado office on the same day (i.e., December 1, 2009). 6. Attached as Exhibit E hereto is a true and correct copy of an August 9, 2007

Administration Citation issued by the Division of Consumer Protection of the Department of Commerce of the State of Utah for DCP Case No. 59159 against Pacific Webworks, Inc. and Christian Larsen. 7. Attached as Exhibit F hereto is a true and correct copy of an August 16, 2007

Settlement Agreement between the Division of Consumer Protection of the Department of Commerce of the State of Utah for DCP Case No. 59159 and Pacific Webworks, Inc. and Christian Larsen. 8. located at http://www.google.com/support/forum/p/Web+Search/thread?tid=65db212c26f92c74&hl printed on November 30, 2009. Attached as Exhibit G hereto is a true and correct copy of a printout of a webpage

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9.

Attached as Exhibit H hereto is a true and correct copy of a print of a webpage

located at http://www.pacificwebworks.com/intellipay.htm# and http://www.intellipay.com/ printed on December 2, 2009 and December 3, 2009 respectively. 10. Attached as Exhibit I hereto are true and correct copies of relevant pages from the

Utah Better Business Bureau website (www.utah.bbb.org) relating to Pacific Webworks. 11. Attached as Exhibit J hereto is a true and correct copy of the Federal Trade

Commission's Memorandum of Points and Points of Authority in Support of Its Ex Parte Motion for a Temporary Restraining Order and Other Equitable Relief [Doc. No. 6] filed in FTC v. Infusion Media, No. 2:09-cv-01112-RCJ-LRL (D. Nev. June 23, 2009). 12. Attached as Exhibit K hereto is a true and correct copy of the Complaint filed in

Ford v. Pacific WebWorks, Inc., et al., No. 09CH44278, pending in Illinois state court. 13. Attached as Exhibit L hereto is a true and correct copy of the Certification of

Daniel O. Hanks pursuant to Fed. R. Civ. P. 65(b)(2) in Support of Plaintiff's Ex Parte Motion for Temporary Restraining Order and Plaintiff's Motion to Temporary Seal Entire File [Doc. No. 8] filed in FTC v. Infusion Media, No. 2:09-cv-01112-RCJ-LRL, (D. Nev. June 22, 2009). 14. Attached as Exhibit M hereto is a true and correct copy of the Amended Ex Parte

Restraining Order with Asset Freeze, Appointment of Temporary Receiver, and Other Equitable Relief, and Order to Show Cause Why A Preliminary Injunction Should Not Issue [Doc. No. 14] entered in FTC v. Infusion Media, No. 2:09-cv-01112-RCJ-LRL (D. Nev. June 24, 2009). 15. Attached Exhibit N hereto are true and correct copies of various district court

orders permitting early discovery to identifies Doe defendants from in the following cases: Bremenn Research Labs, LLC v. Does 1-20, No. 2:07-cv-45-TC (D. Utah Feb. 12, 2007); Microsoft Corp. v. Does 1-217, No. C06-1192 (W.D. Wash. Sept. 14, 2006); Dynasty Zarooni Inc. v. Does 1-50, No. C-08-05086 (N.D. Cal. Nov. 20, 2008); American Online, Inc. v. Does 140, No. 1:04-cv-00260 (E.D. Va. March 19, 2004); and Microsoft Corp. v. Does 1-50 d/b/a yourloanz.com, No. 2:04-cv-02218 (W.D. Wash. Nov. 30, 2004).

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16.

Attached as Exhibit O hereto are true and correct copies of printouts of the

relevant portions of the first page of the Waco Tribune-Herald website (www.wacotrib.com) and the Chicago Tribune website (www.chicagotribune.com), which were printed on December 5, 2009. 17. Attached as Exhibit P hereto is a true and correct copy the Stipulation to Entry of

Preliminary Injunction with Asset Freeze, Appointment of Receiver, and Other Equitable Relief [Doc. 35] filed in FTC v. Infusion Media, No. 2:09-cv-01112-RCJ-LRL (D. Nev. Sept. 10, 2009).

I declare under penalty of perjury that the foregoing is true and correct. Dated this 9th day of December, 2009. /s/Craig Buschmann Craig Buschmann

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CERTIFICATE OF SERVICE I hereby certify that on the 9th day of December, 2009, I caused a true and correct copy of the DECLARATION OF CRAIG A. BUSCHMANN to be served via :

Christian Larsen President/Registered Agent Pacific Webworks, Inc. 230 West 400 South Salt Lake City, UT 84101

_____ U.S. Mail, postage prepaid X Hand Delivery _____ Facsimile _____ Overnight courier _____ E-Mail and/or CM/ECF

By: /s/ Sherice L. Atterton

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TABLE OF EXHIBITS Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Description Printout of a webpage located at http://www.bbb.org/us/article/make-money-from-homewith-google-not-so-fast-warns-bbb-13245 as printed on December 2, 2009 Printout of a webpage located at http://www.miamiherald.com/news/actionline/story/1349954.html as printed on November 30, 2009. Print of the first screen of www.newyorkgazettenews.com printed on December 1, 2009 from a computer in the Denver, Colorado area. Printout of a screen shot of the first screen of www.newyorkgazette.com, which was captured on November 30, 2009 August 9, 2007 Administration Citation issued by the Division of Consumer Protection of the Department of Commerce of the State of Utah for DCP Case No. 59159 against Pacific Webworks, Inc. and Christian Larsen. August 16, 2007 Settlement Agreement between the Division of Consumer Protection of the Department of Commerce of the State of Utah for DCP Case No. 59159 and Pacific Webworks, Inc. and Christian Larsen. Printout of a webpage located at http://www.google.com/support/forum/p/Web+Search/thread?tid=65db212c26f92c74&hl printed on November 30, 2009. Print of a webpage located at http://www.pacificwebworks.com/intellipay.htm# and http://www.intellipay.com/ printed on December 2, 2009 and December 3, 2009 respectively. Relevant pages from the Utah Better Business Bureau website (www.utah.bbb.org) relating to Pacific Webworks. Copy of the Federal Trade Commission's Memorandum of Points and Points of Authority in Support of Its Ex Parte Motion for a Temporary Restraining Order and Other Equitable Relief [Doc. No. 6] filed in FTC v. Infusion Media, No. 2:09-cv-01112-RCJ-LRL (D. Nev. June 23, 2009). Copy of the Complaint filed in Ford v. Pacific WebWorks, Inc., et al., No. 09CH44278, pending in Illinois state court.

Exhibit F

Exhibit G

Exhibit H

Exhibit I Exhibit J

Exhibit K

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Exhibit L

Copy of the Certification of Daniel O. Hanks pursuant to Fed. R. Civ. P. 65(b)(2) in Support of Plaintiffs Ex Parte Motion for Temporary Restraining Order and Plaintiffs Motion to Temporary Seal Entire File [Doc. No. 8] filed in FTC v. Infusion Media, No. 2:09-cv-01112-RCJ-LRL, (D. Nev. June 22, 2009). Copy of the Amended Ex Parte Restraining Order with Asset Freeze, Appointment of Temporary Receiver, and Other Equitable Relief, and Order to Show Cause Why A Preliminary Injunction Should Not Issue [Doc. No. 14] entered in FTC v. Infusion Media, No. 2:09-cv-01112-RCJ-LRL(D. Nev. June 24, 2009). Correct copies of various district court orders permitting early discovery to identifies Doe defendants from in the following cases: Bremenn Research Labs, LLC v. Does 1-20, No. 2:07-cv-45-TC (D. Utah Feb. 12, 2007); Microsoft Corp. v. Does 1-217, No. C06-1192 (W.D. Wash. Sept. 14, 2006); Dynasty Zarooni Inc. v. Does 1-50, No. C-08-05086 (N.D. Cal. Nov. 20, 2008); American Online, Inc. v. Does 1-40, No. 1:04-cv-00260 (E.D. Va. March 19, 2004); and Microsoft Corp. v. Does 1-50 d/b/a yourloanz.com, No. 2:04-cv02218 (W.D. Wash. Nov. 30, 2004). Copies of printouts of the relevant portions of the first page of the Waco Tribune-Herald website (www.wacotrib.com) and the Chicago Tribune website (www.chicagotribune.com), which were printed on December 5, 2009. Copy the Stipulation to Entry of Preliminary Injunction with Asset Freeze, Appointment of Receiver, and Other Equitable Relief [Doc. 35] filed in FTC v. Infusion Media, No. 2:09-cv-01112-RCJ-LRL (D. Nev. Sept. 10, 2009).

Exhibit M

Exhibit N

Exhibit O Exhibit P

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