Epic Media Group is required to designate a representative to testify regarding matters related to a lawsuit between Essociate and Epic Media Group. The representative will be deposed on July 6th in New York. The notice of deposition lists 17 subjects that the representative must be prepared to testify about, including the design and operation of Epic Media Group's online affiliate marketing network, merchants and campaigns on the network, tracking functionality, patents, financial information, and documents produced in the litigation.
Epic Media Group is required to designate a representative to testify regarding matters related to a lawsuit between Essociate and Epic Media Group. The representative will be deposed on July 6th in New York. The notice of deposition lists 17 subjects that the representative must be prepared to testify about, including the design and operation of Epic Media Group's online affiliate marketing network, merchants and campaigns on the network, tracking functionality, patents, financial information, and documents produced in the litigation.
Epic Media Group is required to designate a representative to testify regarding matters related to a lawsuit between Essociate and Epic Media Group. The representative will be deposed on July 6th in New York. The notice of deposition lists 17 subjects that the representative must be prepared to testify about, including the design and operation of Epic Media Group's online affiliate marketing network, merchants and campaigns on the network, tracking functionality, patents, financial information, and documents produced in the litigation.
- 1 - IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN
ESSOCIATE, INC.,
Plaintiff,
v.
AZOOGLE.COM, INC., and EPIC MEDIA GROUP, INC.,
Defendants.
CASE NO. 3:11-cv-00727-bbc
NOTICE OF VIDEOTAPED ORAL EXAMINATION PURSUANT TO FRCP 30(B)(6)
To: Defendants Azoogle.com, Inc. and Epic Media Group, Inc. And to: Godfrey & Kahn, S.C. and K&L Gates LLP, their counsel of record PLEASE TAKE NOTE that under FRCP 30(b)(6), Plaintiff Essociate will take the deposition of an authorized representative of EPIC MEDIA GROUP, INC. before a Notary Public at the offices of Toby Feldman, Inc., NY Court Reporter Service, 1 Penn Plaza, Suite 4510, New York, NY, 10119 commencing at 11:00 a.m. on J uly 6, 2012. This oral examination will be recorded by audio, audiovisual, and stenographic means. This oral examination will be subject to continuance or adjournment from time to time or place to place until completed. Pursuant to FRCP 30(b)(6), EPIC MEDIA GROUP, INC. is required to designate one or more representatives to testify as to the matters listed in Exhibit A attached hereto.
/s/ Derek Linke Derek A. Newman Derek Linke J ohn Du Wors 1201 Third Avenue, Suite 1600 Seattle, WA 98101 Telephone: (206) 274-2800 Facsimile: (206) 274-2801 derek@newmanlaw.com linke@newmanlaw.com john@newmanlaw.com
Attorneys for Plaintiff Essociate, Inc.
Case: 3:11-cv-00727-bbc Document #: 49-17 Filed: 08/06/12 Page 3 of 6 EXHIBIT A TO DEPOSITION NOTICE TO EPIC MEDIA GROUP, INC.
I. DEFINED TERMS The following terms have the meanings ascribed to them below: 1. The terms You and Your refer to Defendant EPIC MEDIA GROUP, INC. and its officers, agents, employees, predecessors in interest, successors, assigns, subsidiaries, parents, affiliates, and other entities under common control. 2. The term Epic Network means Your online affiliate marketing network located at <http://www.epicadvertising.com>and previously at <http://www.azoogle.com>and all versions thereof. 3. The term 660 Patent means U.S. Patent No. 6,804,660. II. SUBJECTS OF TESTIMONY 1. The conception, reduction to practice, creation, design, development, manufacture, modification, engineering, implementation, commercial deployment, maintenance, monetization, business planning, testing, and operation of each embodiment of the Epic Network. 2. All merchants whose campaigns, offers, and/or ads have been or are available to publishers in the Epic Network. 3. All campaigns, offers, and/or ads which have been or are available to publishers in the Epic Network. 4. Tracking functionalities associated with or used by the Epic Network. 5. Your affirmative defenses to Essociates claims in this lawsuit. 6. Your counterclaims in this lawsuit. Case: 3:11-cv-00727-bbc Document #: 49-17 Filed: 08/06/12 Page 4 of 6 7. Any alleged prior art for the 660 Patent that You contend was offered for sale, sold, or in public use prior to May 1, 2000. 8. Any publications that You contend are prior art for the 660 Patent and were published or otherwise disclosed prior to May 1, 2000. 9. All patents or patent applications relating to the Epic Network. 10. All searches or search opinions provided to You relating to whether the Epic Network infringed the patents of any party, including without limitation Essociate. 11. All allegations made by You against any other party that the other partys product infringed any patents owned or controlled by You. 12. All searches performed or conducted by You relating to the patentability of the Epic Network, or any component thereof, and any opinions rendered as a result thereof. 13. All inquiries, proposals, quotations, contracts, and agreements relating to the Epic Network. 14. Licenses to which You are a party for technology in the general field of the 660 Patent, i.e. online affiliate marketing. 15. Financial information relating to You, including the sales and profitability of You and the Epic Network; income statements; profit and loss statements; balance sheets; cash flow statements; accounting records; accounting notes; ledgers; periodic reports (e.g. monthly, quarterly, and annual financial statements and reports); financial summaries; planning reports; tax returns; financial projections; fund raising solicitations; distributions, salaries, or other monies paid to officers, directors, or shareholders; Case: 3:11-cv-00727-bbc Document #: 49-17 Filed: 08/06/12 Page 5 of 6 prospectuses; private placement memoranda; forward looking statements; cost estimates; and projections or forecasts. 16. Documents and electronically stored information produced by You in response to Plaintiff Essociate, Inc.s First Set of Requests for Production of Documents and Electronically Stored Information to Defendant EPIC MEDIA GROUP, INC. Pursuant to Fed. R. Civ. P. 34, including, without limitation: 1) the process You undertook to identify and locate those documents and electronically stored information, 2) information about the creation, origination, maintenance, and distribution of those documents and electronically stored information, and 3) all persons with personal knowledge of the creation, origination, maintenance, and distribution of those documents and electronically stored information. 17. Your written responses to Essociates discovery requests in this lawsuit. Case: 3:11-cv-00727-bbc Document #: 49-17 Filed: 08/06/12 Page 6 of 6
Puente - Arizona - Et - Al - v. - Arpai RESPONSE To Motion Re MOTION For Summary Judgment County Defendants' Joint Response in Opposition To Plaintiffs' Motion For Partial Summary Judgment
Defendant Scott Nago's Counter-Motion for Summary Judgment; Memorandum of Law in Opposition to Plaintiff's Motions for Preliminary Injunction and Partial Summary Judgment and in Support of Defendant's Counter-Motion for Summary Judgment, Democratic Party of Hawaii v. Nago, No. CV13-00301 JMS/KSC (Sep. 16, 2013)