I/P Engine, Inc. v. AOL, Inc. et al

Filing 180

Declaration re 179 Opposition, of Jennifer Ghaussy in Support of Defendants' Opposition to Plaintiff's Motion for Leave to Take 30(b)(1) Depositions by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (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, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W)(Noona, Stephen)

EXHIBIT D

quinn emanuel

trial lawyers | san francisco

50 California Street, 22nd Floor, San Francisco, California 94111-4788 | TEL: [phone] FAX: [phone]

May 16, 2012

Dawn Rudenko Albert
[e-mail]

Re:

I/P Engine, Inc. v. AOL, Inc. et al.

Dear Dawn:
I write to seek clarification of Plaintiff’s intentions with respect to depositions of the defendants,
in light of the deposition notice to Derek Cook Plaintiff served on May 11.
It is unclear why you noticed Mr. Cook’s deposition for May 24, when Plaintiff has repeatedly
insisted (including in your May 15 email, sent after the deposition notice was served), that it is
seeking to depose the non-Google defendants before Google. Plaintiff had also previously
indicated that the week of May 21 did not work for Plaintiff for depositions. In addition, earlier
on May 11, Ms. O’Brien and Mr. Monterio discussed deposition scheduling, including dates for
non-Google defendants in June. At that time, Mr. Monterio made no mention of I/P Engine’s
plan to notice the deposition of Mr. Cook for May 24.
In any event, the parties have agreed that Plaintiff has the right to a 30(b)(6) deposition on
liability for each defendant, a 30(b)(6) deposition on damages for each defendant, and “the right
to depose each fact witness affiliated with a defendant and who has been disclosed pursuant to
Rule 26(a).” Defendants made clear that they agreed to Plaintiff’s requested expansion to the
deposition limits set forth in the Federal Rules of Civil Procedure “with the express
understanding that this will be substantially all the depositions that plaintiff will take.” Plaintiff
has now served a 30(b)(6) deposition notice on liability and a 30(b)(6) deposition notice on
damages to each of the five defendants.
quinn emanuel urquhart & sullivan, llp
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538-8100

As you know, Mr. Cook is not listed in Google’s Initial Disclosures or Google’s First
Supplemental Initial disclosures, nor has he been designated as a 30(b)(6) witness for Google in
this matter. Under the parties’ agreement, Plaintiff must seek leave of court to depose Mr. Cook,
and must show good cause to do so. However, Google is amenable to meet and confer about this
issue in order to avoid further motion practice if possible. In particular, Google would like to
clarify Plaintiff’s intentions with respect to future depositions; does Plaintiff no longer intend to
take fact depositions of the witnesses listed in Google’s initial disclosures (or that of other
defendants)? We are available to meet and confer on this issue.

Sincerely,

Jen Ghaussy
cc:

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