Message: Pacer:Another Handal objections re Dropcam(Google) Motion to transfer
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Anton N. Handal (State Bar No. 113812)
anh@handal-law.com
Pamela C. Chalk (State Bar No. 216411)
pchalk@handal-law.com
Gabriel G. Hedrick (State Bar No. 220649)
ghedrick@handal-law.com
HANDAL & ASSOCIATES
750 B Street, Suite 2510
San Diego, California 92101
Tel: (619) 544-6400
Fax: (619) 696-0323
Attorneys for Plaintiff
e.Digital Corporation
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
e.Digital Corporation,
Plaintiff,
v.
Dropcam, Inc.
Defendant.
Case No. 3:14-cv-01579-BEN-DHB
PLAINTIFF E.DIGITAL
CORPORATION’S OBJECTIONS
TO THE DECLARATION OF
ABEER DUBEY IN SUPPORT OF
DEFENDANT DROPCAM, INC.’S
MOTION TO TRANSFER
Date: September 29, 2014
Time: 10:30 a.m.
Judge: Hon. Roger T. Benitez
Ctrm: 5A (Schwartz)
Plaintiff e.Digital Corporation (“Plaintiff” or “e.Digital”) submits the
following evidentiary objections to the “Declaration of Abeer Dubey in Support of
Defendant Dropcam, Inc.’s Motion to Transfer” (Dkt #19-2) filed on August 29,
2014.
Testimony Objection
“I am a People Analytics Manager at
Google, Inc. (‘Google’) and work at
Google’s Mountain View, California,
headquarters.” (¶ 1, lines 20-21.)
Lacks foundation. Failure to establish
personal knowledge. The declarant
fails to describe the job responsibilities
of a “People Analytics Manager” and
how that position provides him with
Case 3:14-cv-01579-BEN-DHB Document 23 Filed 09/15/14 Page 1 of 6
OBJECTION TO DUBEY DECLARATION CASE NO.: 3:14-CV-01579-BEN-DHB
HANDAL & ASSOCIATES
750 B STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
personal knowledge of the alleged facts
that follow.
“On or about January 13, 2014,
Google entered into an agreement to
buy Nest Labs, Inc. (‘Nest’).” (¶ 2.)
Lacks foundation. Failure to establish
personal knowledge. The declarant
fails to describe the job responsibilities
of a “People Analytics Manager” as
alleged in ¶ 1 of the Declaration and
how that position provides him with
personal knowledge of the facts alleged
in this paragraph.
“On or about June 20, 2014, Nest
entered into an agreement to buy
Dropcam, Inc. (‘Dropcam’).” (¶ 3.)
Lacks foundation. Failure to establish
personal knowledge. The declarant
fails to describe the job responsibilities
of a “People Analytics Manager” as
alleged in ¶ 1 of the Declaration and
how that position provides him with
personal knowledge of the facts alleged
in this paragraph.
“I submit this declaration based upon
my knowledge of the corporate
structure of Google and Nest, and my
investigation of the location of
potential witnesses and evidence
relevant to the plaintiff’s apparent
allegations in this action.” (¶ 4, p.
1:27-2:2.)
Lacks foundation. Failure to establish
personal knowledge. Legal conclusion.
Improper expert opinion. The
declarant fails to describe the job
responsibilities of a “People Analytics
Manager” as alleged in ¶ 1 of the
Declaration and how that position
provides him with personal knowledge
of the facts alleged in this paragraph,
including the corporate structure of
Google and Nest and the location of
potential witnesses and evidence.
Moreover, the declarant fails to
describe his “investigation.”
Accordingly, to the extent the
declaration is based on the declarant’s
alleged “investigation,” the declaration
lacks foundation. Finally, the
declarant’s unsupported conclusion of
“relevant” potential witnesses and
evidence lacks foundation, amounts to
Case 3:14-cv-01579-BEN-DHB Document 23 Filed 09/15/14 Page 2 of 6
OBJECTION TO DUBEY DECLARATION CASE NO.: 3:14-CV-01579-BEN-DHB
HANDAL & ASSOCIATES
750 B STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
a legal conclusion and constitutes an
improper expert opinion of relevance.
“I have made efforts to identify the
location of persons with relevant
knowledge about the acquisition of
Dropcam. I have also made efforts to
identify the location of documents and
other evidence potentially relevant to
this action.” (¶ 5, lines 5-7.)
Lacks foundation. Legal conclusion.
Improper expert opinion. The
declarant fails to describe what
“efforts” were made to obtain the
subject information and, as a result, the
statements lack foundation. The
statements also lack foundation as to
what the declarant considers “relevant
knowledge” and “documents and other
evidence potentially relevant to this
action.” The statements also contain
improper legal conclusions and expert
opinion as to what is “relevant.” The
declarant has failed to establish any
qualifications for providing an opinion
on such matters.
“As discussed below, the Northern
District of California is a significantly
more convenient forum than this
Court for Google and Nest witnesses
likely to testify in this action, and any
relevant documents and evidence are
accessible from Google's and Nest's
respective headquarters in the
Northern District of California.” (¶ 5,
lines 7-10.)
Legal conclusion. Lacks foundation.
Improper expert opinion. The
statement contains improper legal
conclusions regarding which district is
a “more convenient forum” and what
constitutes “relevant documents and
evidence.” The statement lacks
foundation as to what the declarant
considers “relevant documents and
evidence.” The statement contains an
improper expert opinion as to what
constitutes “relevant documents and
evidence.”
“Nest is headquartered in Palo Alto,
California.” (¶ 6.)
Lacks foundation. Failure to establish
personal knowledge. The declarant
only states that he is currently a
“People Analytics Manager at Google,
Inc.” This does not, by itself, establish
personal knowledge of the facts stated.
Moreover, the declarant fails to
describe his “investigation” and
Case 3:14-cv-01579-BEN-DHB Document 23 Filed 09/15/14 Page 3 of 6
OBJECTION TO DUBEY DECLARATION CASE NO.: 3:14-CV-01579-BEN-DHB
HANDAL & ASSOCIATES
750 B STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
“efforts” in the preceding ¶s 4 and 5 of
the Declaration. Accordingly, to the
extent the declaration is based on the
declarant’s alleged “investigation” and
“efforts” the declaration lacks
foundation.
“Google has been headquartered in the
Northern District of California since
its founding in 1998, and in Mountain
View, California, since 2003.” (¶ 7.)
Lacks foundation. Failure to establish
personal knowledge. The declarant
only states that he is currently a
“People Analytics Manager at Google,
Inc.” This does not, by itself, establish
personal knowledge of the facts stated.
Moreover, the declarant fails to
describe his “investigation” and
“efforts” in the preceding ¶s 4 and 5 of
the Declaration. Accordingly, to the
extent the declaration is based on the
declarant’s alleged “investigation” and
“efforts” the declaration lacks
foundation.
“To the extent that any relevant
witnesses or evidence are possessed
by Nest or Google, all are located in
the Northern District of California.”
(¶ 8.)
Lacks foundation. Failure to establish
personal knowledge. Legal conclusion.
Improper expert opinion. The
declarant only states that he is currently
a “People Analytics Manager at
Google, Inc.” This does not, by itself,
establish personal knowledge of the
facts stated. Moreover, the declarant
fails to describe his “investigation” and
“efforts” in the preceding ¶s 4 and 5 of
the Declaration. Accordingly, to the
extent the declaration is based on the
declarant’s alleged “investigation” and
“efforts,” the declaration lacks
foundation. The statement also lacks
foundation as to what the declarant
considers “relevant.” The declarant’s
conclusory opinions on relevance are
also improper legal conclusions and
Case 3:14-cv-01579-BEN-DHB Document 23 Filed 09/15/14 Page 4 of 6
OBJECTION TO DUBEY DECLARATION CASE NO.: 3:14-CV-01579-BEN-DHB
HANDAL & ASSOCIATES
750 B STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
improper expert opinion.
Respectfully submitted.
HANDAL & ASSOCIATES
Dated: September 15, 2014 By: /s/ Gabriel Hedrick
Gabriel G. Hedrick
Attorneys for Plaintiff
E.DIGITAL CORPORATION
anh@handal-law.com
Pamela C. Chalk (State Bar No. 216411)
pchalk@handal-law.com
Gabriel G. Hedrick (State Bar No. 220649)
ghedrick@handal-law.com
HANDAL & ASSOCIATES
750 B Street, Suite 2510
San Diego, California 92101
Tel: (619) 544-6400
Fax: (619) 696-0323
Attorneys for Plaintiff
e.Digital Corporation
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
e.Digital Corporation,
Plaintiff,
v.
Dropcam, Inc.
Defendant.
Case No. 3:14-cv-01579-BEN-DHB
PLAINTIFF E.DIGITAL
CORPORATION’S OBJECTIONS
TO THE DECLARATION OF
ABEER DUBEY IN SUPPORT OF
DEFENDANT DROPCAM, INC.’S
MOTION TO TRANSFER
Date: September 29, 2014
Time: 10:30 a.m.
Judge: Hon. Roger T. Benitez
Ctrm: 5A (Schwartz)
Plaintiff e.Digital Corporation (“Plaintiff” or “e.Digital”) submits the
following evidentiary objections to the “Declaration of Abeer Dubey in Support of
Defendant Dropcam, Inc.’s Motion to Transfer” (Dkt #19-2) filed on August 29,
2014.
Testimony Objection
“I am a People Analytics Manager at
Google, Inc. (‘Google’) and work at
Google’s Mountain View, California,
headquarters.” (¶ 1, lines 20-21.)
Lacks foundation. Failure to establish
personal knowledge. The declarant
fails to describe the job responsibilities
of a “People Analytics Manager” and
how that position provides him with
Case 3:14-cv-01579-BEN-DHB Document 23 Filed 09/15/14 Page 1 of 6
OBJECTION TO DUBEY DECLARATION CASE NO.: 3:14-CV-01579-BEN-DHB
HANDAL & ASSOCIATES
750 B STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
personal knowledge of the alleged facts
that follow.
“On or about January 13, 2014,
Google entered into an agreement to
buy Nest Labs, Inc. (‘Nest’).” (¶ 2.)
Lacks foundation. Failure to establish
personal knowledge. The declarant
fails to describe the job responsibilities
of a “People Analytics Manager” as
alleged in ¶ 1 of the Declaration and
how that position provides him with
personal knowledge of the facts alleged
in this paragraph.
“On or about June 20, 2014, Nest
entered into an agreement to buy
Dropcam, Inc. (‘Dropcam’).” (¶ 3.)
Lacks foundation. Failure to establish
personal knowledge. The declarant
fails to describe the job responsibilities
of a “People Analytics Manager” as
alleged in ¶ 1 of the Declaration and
how that position provides him with
personal knowledge of the facts alleged
in this paragraph.
“I submit this declaration based upon
my knowledge of the corporate
structure of Google and Nest, and my
investigation of the location of
potential witnesses and evidence
relevant to the plaintiff’s apparent
allegations in this action.” (¶ 4, p.
1:27-2:2.)
Lacks foundation. Failure to establish
personal knowledge. Legal conclusion.
Improper expert opinion. The
declarant fails to describe the job
responsibilities of a “People Analytics
Manager” as alleged in ¶ 1 of the
Declaration and how that position
provides him with personal knowledge
of the facts alleged in this paragraph,
including the corporate structure of
Google and Nest and the location of
potential witnesses and evidence.
Moreover, the declarant fails to
describe his “investigation.”
Accordingly, to the extent the
declaration is based on the declarant’s
alleged “investigation,” the declaration
lacks foundation. Finally, the
declarant’s unsupported conclusion of
“relevant” potential witnesses and
evidence lacks foundation, amounts to
Case 3:14-cv-01579-BEN-DHB Document 23 Filed 09/15/14 Page 2 of 6
OBJECTION TO DUBEY DECLARATION CASE NO.: 3:14-CV-01579-BEN-DHB
HANDAL & ASSOCIATES
750 B STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
a legal conclusion and constitutes an
improper expert opinion of relevance.
“I have made efforts to identify the
location of persons with relevant
knowledge about the acquisition of
Dropcam. I have also made efforts to
identify the location of documents and
other evidence potentially relevant to
this action.” (¶ 5, lines 5-7.)
Lacks foundation. Legal conclusion.
Improper expert opinion. The
declarant fails to describe what
“efforts” were made to obtain the
subject information and, as a result, the
statements lack foundation. The
statements also lack foundation as to
what the declarant considers “relevant
knowledge” and “documents and other
evidence potentially relevant to this
action.” The statements also contain
improper legal conclusions and expert
opinion as to what is “relevant.” The
declarant has failed to establish any
qualifications for providing an opinion
on such matters.
“As discussed below, the Northern
District of California is a significantly
more convenient forum than this
Court for Google and Nest witnesses
likely to testify in this action, and any
relevant documents and evidence are
accessible from Google's and Nest's
respective headquarters in the
Northern District of California.” (¶ 5,
lines 7-10.)
Legal conclusion. Lacks foundation.
Improper expert opinion. The
statement contains improper legal
conclusions regarding which district is
a “more convenient forum” and what
constitutes “relevant documents and
evidence.” The statement lacks
foundation as to what the declarant
considers “relevant documents and
evidence.” The statement contains an
improper expert opinion as to what
constitutes “relevant documents and
evidence.”
“Nest is headquartered in Palo Alto,
California.” (¶ 6.)
Lacks foundation. Failure to establish
personal knowledge. The declarant
only states that he is currently a
“People Analytics Manager at Google,
Inc.” This does not, by itself, establish
personal knowledge of the facts stated.
Moreover, the declarant fails to
describe his “investigation” and
Case 3:14-cv-01579-BEN-DHB Document 23 Filed 09/15/14 Page 3 of 6
OBJECTION TO DUBEY DECLARATION CASE NO.: 3:14-CV-01579-BEN-DHB
HANDAL & ASSOCIATES
750 B STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
“efforts” in the preceding ¶s 4 and 5 of
the Declaration. Accordingly, to the
extent the declaration is based on the
declarant’s alleged “investigation” and
“efforts” the declaration lacks
foundation.
“Google has been headquartered in the
Northern District of California since
its founding in 1998, and in Mountain
View, California, since 2003.” (¶ 7.)
Lacks foundation. Failure to establish
personal knowledge. The declarant
only states that he is currently a
“People Analytics Manager at Google,
Inc.” This does not, by itself, establish
personal knowledge of the facts stated.
Moreover, the declarant fails to
describe his “investigation” and
“efforts” in the preceding ¶s 4 and 5 of
the Declaration. Accordingly, to the
extent the declaration is based on the
declarant’s alleged “investigation” and
“efforts” the declaration lacks
foundation.
“To the extent that any relevant
witnesses or evidence are possessed
by Nest or Google, all are located in
the Northern District of California.”
(¶ 8.)
Lacks foundation. Failure to establish
personal knowledge. Legal conclusion.
Improper expert opinion. The
declarant only states that he is currently
a “People Analytics Manager at
Google, Inc.” This does not, by itself,
establish personal knowledge of the
facts stated. Moreover, the declarant
fails to describe his “investigation” and
“efforts” in the preceding ¶s 4 and 5 of
the Declaration. Accordingly, to the
extent the declaration is based on the
declarant’s alleged “investigation” and
“efforts,” the declaration lacks
foundation. The statement also lacks
foundation as to what the declarant
considers “relevant.” The declarant’s
conclusory opinions on relevance are
also improper legal conclusions and
Case 3:14-cv-01579-BEN-DHB Document 23 Filed 09/15/14 Page 4 of 6
OBJECTION TO DUBEY DECLARATION CASE NO.: 3:14-CV-01579-BEN-DHB
HANDAL & ASSOCIATES
750 B STREET
SUITE 2510
SAN DIEGO, CA 92101
TEL: 619.544.6400
FAX: 619.696.0323
improper expert opinion.
Respectfully submitted.
HANDAL & ASSOCIATES
Dated: September 15, 2014 By: /s/ Gabriel Hedrick
Gabriel G. Hedrick
Attorneys for Plaintiff
E.DIGITAL CORPORATION
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