Free Memorandum in Opposition - District Court of California - California

Case 5:07-cv—03117—JF Document 25-4 Filed 08/28/2007 Page 1 of 2
1 ROBERT P. ANDRIS (SBN 130290)
LAEL D. ANDARA (SBN 215416)
. 2 AMY K. GRUBER (SBN 239793)
ROPERS, MAJESKI, KOHN & BENTLEY
3 1001 Marshall Street, Suite 300
Redwood City, CA 94063
4 Telephone: (650) 364-8200 .
_ Facsimile: (650) 780-1701
5 Email: [email protected]
‘ [email protected]; [email protected]
6
Attorneys for Plaintiff
7 DESTINY TOOL, a California corporation
8 UNITED STATES DISTRICT COURT
>_ 9 NORTHERN DISTR1CT OF CALIFORNIA
eu
§ 10 . I
CO C ll DESTINY TOOL, a California CASE NO. C07—031 17 HRL
**9 corporation, _ I
c gw 5 12 DECLARATION OF AMY K. GRUBER IN
S 5 0 Plaintiff, SUPPORT OF DESTINY TOOL’S
sr E § 13 OPPOSITION TO DEFENDANTS JOINT
Q g _§ v. MOTION TO DISMISS PLAINTIFFS
8 gg 14 COMPLAINT AND TO TRANSFER
Ep SGS TOOLS COMPANY, an Ohio VENUE
E Q 15 corporation, DAUPHIN PRECISION .
V, TOOL, LLC, a Pennsylvania limited Date: September 18, 2007
E 16 liability company, and WELDON TOOL Time: 10:00 a.m.
3. COMPANY, an Ohio corporation, . Ctrm: 2 -
17 _
[Z Defendants.
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19 I, Amy K. Gruber, declare as follows:
20 l. I am an associate with the law firm of Ropers, Majeski, Kohn & Bentley, counsel
21 of record for plaintiff Destiny Tool. I ani an attorney at law licensed to practice before all courts
22 ofthe State of California and the United States District Court, Northern District of California. If
23 called as a witness, I would testify to the following facts, all of which are within my own personal
24 knowledge. I
25 2. On August 27, 2007, whiie preparing to oppose defendants’ joint motion to
26 dismiss Destiny’s complaint, or in the alternative, to transfer venue, I visited Dauphin Precision
27 Tool’s home page at http://www.talbothoidings.com. There, I found a link titled ‘“Distributor
gg Search," which took me to a page that listed California distributors by clicking on ‘“Ca1ifornia."
DECL OF AMY K. GRUBER IN SUPP OF
Rei/ss0ss22».1/Aoz DESTINY'S oPPs TO osFTs‘ Ji MTN TO DISM
AND TRANS VENUE - N0. C0?-csi 17 HR}.

Case 5:07-cv—03117—JF Document 25-4 Filed 08/28/2007 Page 2 of 2
1 Although the results only show about 6 distributors at a time in the window that opens, one may
2 scroll to view approximately 85 distributors of the Talbot Holdings branded tools. In addition,
3 the home page’s link to "telephone directory” shows contact infomation for a western regional
4 sales manager and a manufacturerfs representative in California. Attached hereto as Exhibit B is
5 a true and correct printed copy ofthe home page, California distributor listings and telephone
6 directory listings.
7 3. On August 27, 2007, I also visited the home page for defendant SGS Tools at
8 http://www.sgstools.com. ln the bottom left corner, the home page features a testimonial from a
3 9 California customer. Further, under the “sales t`orce" link on the home page, one may view
E l0 contact information for California’s sales engineer, sales representative, and several distributors.
§ S ll Attached hereto as Exhibit C is a true and correct printed copy of SGS Tools’ home page and
E l2 their distributor listings.
g E; § 13 I declare under the laws of the United States of America that the foregoing is true and
g Eg 14 correct and that this declaration was executed on August 28, 2007 in Redwood City, California.
gi 1 5 ,.#"/ '
§ 16 ip -¤’§'_/..{;_f__
at- 17 AMY ‘ . G BER

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iam tlit aa -2- DEati?-§b?iSAilf>Ys’ti¥*E§iiil‘a”G‘ESQSQ
_ AND TRANS VENUE - No. C07-03t17 HRL

Case 5:07-cv-03117-JF

Document 25-4

Filed 08/28/2007

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Case 5:07-cv-03117-JF

Document 25-4

Filed 08/28/2007

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