Rosetta Stone LTD v. Google Inc.

Filing 184

Declaration re 183 Response in Opposition to Motion of Jennifer L. Spaziano by Rosetta Stone LTD. (Attachments: # 1 Exhibit ALL EXHIBITS FILED UNDER SEAL)(Allen, Warren) Modified on 4/21/2010 re Received Exhibits on 4/20/10 (UNDER SEAL)(klau, ).

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

ALEXANDRIA DIVISION

ROSETTA STONE LTD.,
Plaintiff,
vs.
GOOGLE INC.,
Defendant.

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Case No. 1:09-cv-00736 (GBLrrCB)

DECLARATION OF JENNIFER L. SPAZIANO IN SUPPORT OF

ROSETTA STONE LTD.'S RESPONSE TO

GOOGLE INC.'S OBJECTIONS TO EVIDENCE AND MOTION TO STRIKE

I, Jennifer 1. Spaziano, declare and state as follows:
1.

I am a partner of the law firm of Skadden, Arps, Slate, Meagher & Flom

LLP, in Washington, D.C. I am duly licensed to practice before the courts of the State of
California and the District of Columbia and have been admitted to appear pro hac vice in the
captioned matter. I am counsel for Rosetta Stone Ltd. in the captioned matter and make this
Declaration in Support of Rosetta Stone Ltd. 's Response to Google Inc.'s Objections to Evidence
and Motion to Strike. I make this Declaration based on my own personal knowledge, and if
called upon to do so, I could and would testify competently thereto.
2.

Attached hereto as Exhibit 1 are true and correct copies of excerpts from

the transcript of the September 30,2004 deposition of Rose Hagan in GEICO v. Google, Inc., No.
1:04CV507 (E.D.Va.), that I understand was produced by Google in the captioned matter and
that I received as counsel of record for Rosetta Stone.
3.

Attached hereto as Exhibit 2 are true and correct copies of excerpts from

the transcript of the November 29, 2006 deposition of Rose Hagan in CNG Financial Corp. v.

Google, Inc., No. 1:06-cv-040 (N.D. Ohio), that I understand was produced by Google in the
captioned matter and that I received as counsel of record for Rosetta Stone.
4.

Attached hereto as Exhibit 3 are true and correct copies of excerpts from

the transcript of the February 23,2010 deposition of Terri Chen in the captioned matter.
5.

Attached hereto as Exhibit 4 is a true and correct copy of Rosetta Stone's

Supplemental Rule 26(a)(l) Disclosures that were served on March 18, 2010 in the captioned
matter.

6.

Attached hereto as Exhibit 5 are true and correct copies of excerpts from

the transcript of the March 5, 2010 deposition of Rose Hagan in the captioned matter.
I declare under penalty of perjury under the laws of the United States that the
foregoing is true and correct.
Executed on April 20, 2010, at Washington, District of Columbia.

~t;.5~
J

ifer L. paZIano

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CERTIFICATE OF SERVICE
1 hereby certify that on April 20, 20101 will electronically file the foregoing with the
Clerk of the Court using the CMIECF system which will then send a notification of such filing
(NEF) to the following:
Jonathan D. Frieden
ODIN, FELDMAN & PETTLEMAN, P.C.
9302 Lee Highway, Suite 1100
Fairfax, VA 22031
[e-mail]

Counsel for Defendant, Google Inc.
True and correct copies of documents filed under seal will be sent electronically to:
[e-mail]
[e-mail]

April 20, 2010
Date

lsi
Warren T. Allen II (Va. Bar No. 72691)
Attorney for Rosetta Stone Ltd.
Skadden, Arps, Slate, Meagher & Flom LLP
1440 New York Avenue, N.W.
Washington, D.C. 20005-2111
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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