Rosetta Stone LTD v. Google Inc.

Filing 60

RESPONSE in Opposition re 55 MOTION for Protective Order to Preclude Depositions of its Three Highest-Ranking Executives, (Attachments: # 1 DECLARATION OF JENNIFER L. SPAZIANO IN SUPPORT OF ROSETTA STONE LTDS OPPOSITION TO GOOGLE INC.S MOTION FOR PROTECTIVE ORDER, # 2 Exhibit A to Declaration, # 3 Exhibit B to Declaration, # 4 Exhibit C to Declaration, # 5 Exhibit D to Declaration, # 6 Exhibit E to Declaration, # 7 Exhibit F to Declaration, # 8 Exhibit G to Declaration, # 9 Exhibit H to Declaration, # 10 Exhibit I to Declaration, # 11 Exhibit J to Declaration, # 12 Exhibit K to Declaration, # 13 Exhibit L to Declaration, # 14 Exhibit M to Declaration, # 15 Exhibit N to Declaration)(Allen, Warren) Under Seal Opposition and Declaration received and placed in civil vault. Modified on 2/19/2010 (tche).

Rosetta Stone LTD v. Google Inc.

Doc. 60 Att. 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION ____________________________________ ROSETTA STONE LTD., ) ) Plaint iff, ) ) vs. ) ) GOOGLE INC., ) ) Defendant. ) ____________________________________)

Case No. 1:09-cv-00736 (GBL/TCB)

DECLARATION OF JENNIFER L. SPAZIANO IN SUPPORT OF ROSETTA STONE LTD'S OPPOSITION TO GOOGLE INC.'S MOTION FOR PROTECTIVE ORDER

FILED IN PART UNDER SEAL

Dockets.Justia.com

I, Jennifer L. Spaziano, declare and state as follows: 1. I am a partner of the law firm o f Skadden, Arps, Slate, Meagher & Flo m

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 Opposit ion to Google Inc.'s Motion for Protective Order. I make this Declarat ion based on my own personal knowledge, and if called upon to do so, I could and would testify co mpetent ly thereto. 2. Attached hereto as Exhibit A is a true and correct copy of a February 8,

2010 letter from Google's counsel Margret M. Caruso that I received via electronic mail. 3. Attached hereto as Exhibit B are true and correct copies of documents

bearing Bates Nos. GOOG-RS-0079210 and GOOG-RS-0079233 that I understand were produced by Google in the capt ioned matter and that I received as counsel o f record for Rosetta Stone 4. Attached hereto as Exhibit C are true and correct copies of excerpts fro m

Google Inc.'s Form 10-K for the Fiscal Year Ended December 31, 2009, that was obtained on February 15, 2010 from the Securit ies and Exchange Co mmissio n's website

(http://www.sec.gov). 5. Attached hereto as Exhibit D are true and correct copies of excerpts fro m

Google's Form S-1 Registration Statement, filed April 29, 2004, that was obtained on Februar y 15, 2010 fro m the Securit ies and Exchange Co mmissio n's website (http://www.sec.gov). 6. Attached hereto as Exhibit E is a true and correct copy o f a document

bearing Bates Nos. GOOG-RS-0251016 through GOOG-RS-0251020 that I understand was

produced by Google in the capt ioned matter and that I received as counsel o f record for Rosetta Stone. 7. Attached hereto as Exhibit F is a true and correct copy of a document

bearing Bates Nos. GOOG-RS-0004398 through GOOG-RS-0004399 that I understand was produced by Google in the capt ioned matter and that I received as counsel o f record for Rosetta Stone. 8. Attached hereto as Exhibit G is a true and correct copy of a document

bearing Bates No. GOOG-RS-0002616 that I understand was produced by Google in the captioned matter and that I received as counsel o f record for Rosetta Stone. 9. Attached hereto as Exhibit H is a true and correct copy of document

bearing Bates Nos. GOOG-RS-0073722 through GOOG-RS-0073733 that I understand was produced by Google in the capt ioned matter and that I received as counsel o f record for Rosetta Stone. 10. Attached hereto as Exhibit I is a true and correct copy of "Google Inc.'s

Opposit ion to American Blind and Wallpaper Factory Inc.'s Motion to Compel Google to Respond to Discovery Timely Served Given the Current Cutoff Date of August 26, 2006," filed on August 16, 2006, in Google Inc. v. American Blind & Wallpaper Factory, Inc., 03-cv-05340JF (N.D. Cal.), that was obtained fro m the PACER website for the United States District Court for the Northern District of California (http://ecf.cand.uscourts.gov). 11. Attached hereto as Exhibit J is a true and correct copy o f "Defendant

American Blind and Wallpaper Factory, Inc.'s Notice of Motion and Motion to Compel Google to Respond to Discovery Timely Served Given the Current Cutoff Date of August 26, 2006," filed on July 13, 2006, in Google Inc. v. American Blind & Wallpaper Factory, Inc., 03-cv-

2

05340-JF (N.D. Cal.), that was obtained fro m the PACER website for the United States District Court for the Northern District of California (http://ecf.cand.uscourts.gov). 12. Attached hereto as Exhibit K is a true and correct copy of "Defendant

American Blind and Wallpaper Factory, Inc.'s Reply in Support of Motion to Compel Google to Respond to Discovery Timely Served Given the Current Cutoff Date of August 26, 2006," filed on August 23, 2006, in Google Inc. v. American Blind & Wallpaper Factory, Inc., 03-cv-05340JF (N.D. Cal.), that was obtained fro m the PACER website for the United States District Court for the Northern District of California (http://ecf.cand.uscourts.gov). 13. Attached hereto as Exhibit L is a true and correct copy of the "Order

Grant ing in Part and Denying in Part Motion to Compel, " entered on September 6, 2006, in Google Inc. v. American Blind & Wallpaper Factory, Inc., 03-cv-05340-JF (N.D. Cal.), that was obtained fro m the PACER website for the United States District Court for the Northern District of California (http://ecf.cand.uscourts.gov). 14. Attached hereto as Exhibit M is a true and correct copy o f a document

bearing Bates Nos. GOOG-RS-0000310 through GOOG-RS-000451 that I understand was produced by Google in the capt ioned matter and that I received as counsel o f record for Rosetta Stone. 15. Attached hereto as Exhibit N are true and correct copies of excerpts fro m

Google's Form 10-Q for the Quarterly Period Ended September 30, 2009, that was obtained on February 16, 2010 from the Securit ies and Exchange Co mmissio n's website

(http://www.sec.gov).

3

I declare under penalt y o f perjury under the laws of the United States that the foregoing is true and correct. Executed on February 17, 2010, at Washington, District of Co lumbia. /s/ Jennifer L. Spaziano

4

CERTIFICATE OF SERVICE I hereby certify that on February 17, 2010, I will electronically file the foregoing with the Clerk of Court using the CM/ECF system, which shall send notification o f such filing (NEF) to the fo llowing: Jonathan D. Frieden ODIN, FELDMAN & PETTLEMAN, P.C. 9302 Lee Highway, Suite 1100 Fairfax, VA 22031 jo nathan. frieden@o fplaw.co m Counsel for Defendant, Google Inc. True and correct copies of documents filed under seal will be sent via electronic mail to: jo nathan. frieden@o fplaw.co m [e-mail] m Respect fully submitted, February 17, 2010 Date /s/ Warren T. Allen II (Va. Bar No. 72691) Attorney for Rosetta Stone Ltd. Skadden, Arps, Slate, Meagher & Flo m LLP 1440 New York Avenue, N.W. Washington, D.C. 20005-2111 Telephone: [phone] Facsimile: [phone] [e-mail] m