Gordon v. Virtumundo Inc et al

Filing 72

DECLARATION of Derek A. Newman filed by Defendants Virtumundo Inc, Adknowledge Inc, Scott Lynn re 71 MOTION to Compel Segregation of Emails (Attachments: # 1 Exhibit A - Transcript of "Meet and Confer")(Newman, Derek)

Gordon v. Virtumundo Inc et al

Doc. 72

Case 2:06-cv-00204-JCC

Document 72

Filed 12/21/2006

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. VIRTUMUNDO, INC, a Delaware corporation d/b/a ADNOWLEDGEMAIL.COM; ADKNOWLEDGE, INC., a Delaware corporation, d/b/a ADKNOWLEDGEMAIL.COM; SCOTT LYNN, an individual; and JOHN DOES, 1-X, Defendants.

The Honorable John C. Coughenour

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE JAMES S. GORDON, Jr., a married individual, d/b/a `GORDONWORKS.COM'; OMNI INNOVATIONS, LLC., a Washington limited liability company, Plaintiffs, No. CV06-0204JCC DECLARATION OF DEREK A. NEWMAN IN SUPPORT OF DEFENDANTS' MOTION TO COMPEL NOTE ON MOTION CALENDAR: January 5, 2007

I, Derek Newman, swear under penalty of perjury under the laws of the United States of America to the following: 1. I am counsel of record for defendants Virtumundo, Inc. ("Virtumundo") and

Adknowledge, Inc. ("Adknowledge"), am over age 18, and competent to be a witness. I am making this Declaration based on facts within my own personal knowledge. A. PLAINTIFFS' FIRST AND SECOND PRODUCTION OF EMAILS 1. On or about December 4, 2006, I met and conferred with Plaintiffs' attorney
NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP 505 Fifth Ave. S., Ste. 610 Seattle, Washington 98104 [phone]

DECL. OF DEREK NEWMAN IN SUPP. OF DEFS.' MOT. TO COMPEL DISCOVERY - 1 (CV06-0204JCC)

Dockets.Justia.com

Case 2:06-cv-00204-JCC

Document 72

Filed 12/21/2006

Page 2 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

via email regarding the belatedly produced emails. See Linke Decl. ¶ 24, Exhibit E. 2. On or about December 5, 2006, Plaintiffs' attorney advised by email that he

would not produce only the new emails. See Linke Decl. ¶ 24, Exhibit E. 3. Again, on or about December 13, 2006, I met and conferred with Plaintiffs'

counsel regarding the belatedly produced emails. Attached hereto as Exhibit A is a true and accurate copy of the deposition transcript of Brett Brewer in which Plaintiffs counsel and I discuss our December 13, 2006 meeting. 4. Again, on or about December 14, 2006, during Defendants' deposition, I

met and conferred with Plaintiffs' counsel regarding the belatedly produced emails. See Exhibit A. 5. In the December 14th meeting, Plaintiffs' counsel advised that he would

consult with his client and would use good faith efforts to produce the information as requested. Plaintiffs' counsel refused to commit to producing only the new emails, however, and has not in fact produced them.

I certify and declare under the penalty of perjury under the laws of the State of Washington and the United States that to my knowledge the foregoing is true and correct.

DATED this 21ST day of December 2006, at Seattle, Washington

Derek A. Newman

DECL. OF DEREK NEWMAN IN SUPP. OF DEFS.' MOT. TO COMPEL DISCOVERY - 2 (CV06-0204JCC)

NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Ave. S., Ste. 610 Seattle, Washington 98104 [phone]