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1802990 EFF Embroidery Decl to Quash

1802990 EFF Embroidery Decl to Quash

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Published by: dharmayanti976 on Nov 05, 2012
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ORrGl~ AL
FilED
3
Cindy Cohn, Esq. (SBN 145997)Corynne McSherry, Esq.
(SBN
221504)
EECRONCFRONERFOUNDION
454 Shotwell Street
Sn Francic, C94110
Telephone: (415) 436-9333 xl22
Facsimile: (415) 436-9993corynne@eff.org
4
RICHARD VI. WIEKING
CLER;
u.s. DI$T;:;J~..' COURT
NO r,!S -':."",$ J
5
6
Attorneys for
JANE DOE
(a.k.a.
MUDDBUGOZ)
nd
JNDOE(a.ka.
DMSPTGGDS)
8
9
UNITED STATESDISTRICT
COURT
10
FORTHNORIERN
DISTRICT
F C~ORNA
11
12
1314
Estern Dtri of MiomiCse N:4:06-C
-OO991-CAS
~))))))))))~)))
PJaintiffs,5
v.
DCARION
OF ORYNNE
MCHRRINSUOR OF MOnONOF NONRYDOETO QUHSUOENTO YHOO! INC
161718
JN ER and VcroRAWR
19Defendants.
Date: Sept.
22, 2006
Time:
9:00
Dpt: Curtroom 6, Hn. Rnal M. Wyte
2021
TrilDte: Nt st
Complaint
Filed: June28, 2006
22
23
1.
Corynne McSherry. declare as follows:
24
1
I am an attorney at lwdul admited to practie before thiCurt. I am a saff
2Sattorney at the Elecb"onic Frontier Foundation, col:Illsel of record for Nonparti~ Jane Doe (a.k.a.
26muddbuggz)and JaneDoe (a.k.a.dmsptggds). submit this declarationn supportof the attached 27
Motion of NonParty Does to Quash Subpoena o Yahoo I Inc. The facts stated here are known to
28
- -
DECLARAll0N
F SUOR
OF
M0110N TO QUASHEMBROIDERY
SOFfWARPROTBnON
)
No. Misc.
COAmON
 
-2-
DECLARATION OF MCSHERRY IN SUPPORT OFMOTION TO QUASH
12345678910111213141516171819202122232425262728me of my own personal knowledge, except where otherwise stated. If called upon to testify theretoI could and would competently do so.2. Attached hereto as Exhibit A is a true and correct copy of the Complaint in
 Embroidery Software Protection Coalition v. Janet Ebert and Victoria Weaver 
, United StatesDistrict Court for the Eastern District of Missouri, Case No. 4:06-CV-00991-CAS (the “MissouriCase”).3. Attached hereto as Exhibit B is a true and correct copy of a document entitled“Embroidery Software Protection Coalition Amnesty Program,” which I downloaded from thewebsitewww.embroideryprotection.orgon August 6, 2006.4. Attached hereto as Exhibit C is a true and correct copy of a Subpoena issued by theUnited States District Court for the Northern District of California to Yahoo! Inc. in connection tothe aforementioned action.5. Attached hereto as Exhibit D is a true and correct copy of a message that appearedon the Embroidery Organization Information discussion group board on July 24, 2006, which Icaused to be printed from the message board archive on August 4, 2006.6. Attached hereto as Exhibit E is a true and correct copy of Defendants Janet Ebertand Victoria Weaver’s Motion to Quash the aforementioned Subpoena to Yahoo! Inc., filed July27, 2006 in the United States District Court for the Eastern District of Missouri.7. On July 31, 2006, I spoke with Emily Hancock, counsel for Yahoo! Inc. Ms.Hancock told me that Yahoo! would not respond to the aforementioned Subpoena while a motionto quash that Subpoena was pending.8. Attached hereto as Exhibit F is a Defendants Janet Ebert and Victoria Weaver’sAmended Motion to Quash the aforementioned Subpoena to Yahoo! Inc., filed August 5, 2006 inthe United States District Court for the Eastern District of Missouri.9. Attached hereto as Exhibit G is a true and correct copy of United States DistrictCourt for the Eastern District of Missouri Local Rules 16-5.03, 16-5.04 and 26-3.01.//////
 
-3-
DECLARATION OF MCSHERRY IN SUPPORT OFMOTION TO QUASH
1234567891011121314151617181920212223242526272810. Attached hereto as Exhibit H is a true and correct copy of an Order in the MissouriCase granting, inter alia, defendants’ motion for leave to filed their amended motion to quash,dated August 7, 2006.I declare under penalty of perjury under the laws of the State of California that theforegoing is true and correct and that this document was executed in San Francisco, California.DATED: August 8, 2006ByCorynne McSherry

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