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

Filing 666

Declaration re 665 Memorandum in Support of Emily O'Brien in Support of Defendants' Motion to Strike Plaintiff's Deposition Designations by IAC Search & Media, Inc., Target Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Noona, Stephen)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION

I/P ENGINE, INC.
Plaintiff,
v.

Civil Action No. 2:11-cv-512

AOL INC., et al.,
Defendants.

DECLARATION OF EMILY O'BRIEN IN SUPPORT OF DEFENDANTS’ MOTION TO
STRIKE PLAINTIFF'S DEPOSITION DESIGNATIONS
I, Emily O'Brien, declare as follows:
1.

I am an attorney in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP and

am counsel for Defendants Google Inc., Gannett Co., Inc., IAC Search & Media, Inc., and Target
Corp. in the above-captioned case. I provide this declaration upon personal knowledge and, if
called upon as a witness, would testify competently as to the matters recited herein.
2.

Attached hereto as Exhibit 1 is a true and correct copy of Exhibit A of Plaintiff

I/P Engine, Inc.’s Initial Pretrial Disclosure, dated September 19, 2012.
3.

Attached hereto as Exhibit 2 is a true and correct copy of an email chain between

Emily O’Brien and Kenneth Brothers, dated between September 22 and September 26, 2012.
4.

In addition to Defendants’ proposed compromises set forth in Exhibit 2,

Defendants also proposed during a telephone call that Plaintiff focus on the five most important
witnesses and at least narrow those designations, so that Defendants would be able to properly

object and counter-designate. As with the other compromise offers, Plaintiff refused this
compromise as well.
5.

Attached as Exhibit 3 is a true and correct copy of an email chain between

Emily O’Brien, Stephen Noona, and Kenneth Brothers dated October 4-5, 2012.
I declare under penalty of perjury of the laws of the United States that the foregoing is
true and correct.

Dated: October 4, 2012
Emily C. O'Brien

DATED: October 5, 2012

/s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 West Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]
David Bilsker
David A. Perlson
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Counsel for Google Inc., Target Corporation,
IAC Search & Media, Inc., and Gannett Co., Inc.

/s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 W. Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
Robert L. Burns
FINNEGAN, HENDERSON, FARABOW, GARRETT &
DUNNER, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
Telephone: [phone]
Facsimile: [phone]

Cortney S. Alexander
FINNEGAN, HENDERSON, FARABOW, GARRETT &
DUNNER, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
Telephone: [phone]
Facsimile: [phone]
Counsel for Defendant AOL Inc.

CERTIFICATE OF SERVICE
I hereby certify that on October 5, 2012, I will electronically file the foregoing with the
Clerk of Court using the CM/ECF system, which will send a notification of such filing (NEF) to
the following:
Jeffrey K. Sherwood
Kenneth W. Brothers
DICKSTEIN SHAPIRO LLP
1825 Eye Street NW
Washington, DC 20006
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Donald C. Schultz
W. Ryan Snow
Steven Stancliff
CRENSHAW, WARE & MARTIN, P.L.C.
150 West Main Street, Suite 1500
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Counsel for Plaintiff, I/P Engine, Inc.

/s/ Stephen E. Noona
Stephen E. Noona
Virginia State Bar No. 25367
KAUFMAN & CANOLES, P.C.
150 West Main Street, Suite 2100
Norfolk, VA 23510
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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