Preview
10
11
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
19CV349042
Santa Clara — Civil
Stephen H. Sutro (SBN 172168)
Suzanne R. Fogarty (SBN 154319)
Meghan C. Killian (SBN 310195)
Duane Morris LLP
One Market Plaza
Spear Tower, Suite 2200
San Francisco, CA 94105
Tel: 415.957.3000
Fax: 415.957.3001
E-mail: SHSutro@DuaneMorris.com
SRFogarty@DuaneMorris.com
MCKillian@DuaneMorris.com
Brad Thompson (admitted pro hac vice)
Bert Greene (admitted pro hac vice)
Duane Morris LLP
Las Cimas IV
900 S. Capital of Texas Hwy., Suite 300
Austin, TX 78746-5435
Tel: 512.277.2300
Fax: 512.277.2301
E-mail: | BThompson@DuaneMorris.com
BGreene@DuaneMorris.com
Attorneys for Plaintiff,
SUNPOWER CORPORATION
R, Bur}
Electronically Filed
by Superior Court of CA,
County of Santa Clara,
on 11/3/2020 7:21 PM
Reviewed By: R. Burciaga
Case #19CV349042
Envelope: 5233247
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CLARA
SUNPOWER CORPORATION,
Plaintiff,
v.
MARTIN DEBONO, STANDARD INDUSTRIES
INC., GAF ENERGY, and DOES 1-100,
Defendants.
Case No. 19CV349042
DECLARATION OF SUZANNE R.
FOGARTY IN SUPPORT OF
PLAINTIFF SUNPOWER
CORPORATION’S REPLY IN
SUPPORT OF MOTION TO COMPEL
DISCOVERY RESPONSES
Date: November 10, 2020
Time: 9:00 a.m.
Dept.: 2
Judge: Hon. Thang N. Barrettt
Complaint filed: June 14, 2019
PUBLIC REDACTED VERSION
PUBLIC VERSION - DECLARATION OF SUZANNE FOGARTY IN SUPPORT OF SUNPOWER’S REPLY,
CASE NO. 19CV349042
DMI\11528910.1
iaga10
11
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I, Suzanne R. Fogarty, declare:
1. Iam an attorney duly licensed to practice in this Court, and an attorney at Duane Morris
LLP, attorneys of record for Plaintiff SunPower Corporation ("SunPower"). The following is of my
own personal knowledge, and if called as a witness in this matter, I could and would competently
testify thereto.
2. A true and correct copy of a redline comparing SunPower’s Trade Secret Designation, as
served on June 19, 2019 and its Second Amended Trade Secret Designation, as served on June 3,
2020 is attached as Exhibit A. This document is designated as CONFIDENTIAL and is filed
under seal.
I declare under penalty of perjury under the laws of the United States and the State of California
that the foregoing is true and correct. Executed this 3" day of November 2020 in San Francisco,
California.
By:__/s/ Suzanne R. Fogarty
Suzanne R. Fogarty
PUBLIC VERSION - DECLARATION OF SUZANNE FOGARTY IN SUPPORT OF SUNPOWER’S REPLY,
CASE NO. 19CV349042
DMI\11528910.1PROOF OF SERVICE
SunPower Corporation v. Martin DeBono, Standard Industries, Inc., GAF Energy;
and DOES 1 - 100
Santa Clara County Superior Court, Action No. 19CV349042
I am a citizen of the United States, over the age of 18 years, and not a party to interested in
the cause. I am an employee with Duane Morris LLP and my business address is One Market Plaza,
Spear Tower, Suite 2200, San Francisco, California 94105. I am readily familiar with this firm’s
practices for collecting and processing correspondence for mailing with the United States Postal
Service and for transmitting documents by FedEx, fax, email, messenger and other modes. On the
date stated below, I served the following documents:
PUBLIC VERSION - DECLARATION OF SUZANNE R. FOGARTY IN SUPPORT OF
PLAINTIFF SUNPOWER CORPORATION’S REPLY IN SUPPORT OF MOTION TO
COMPEL DISCOVERY RESPONSES
BY U.S. MAIL: I enclosed the documents in a sealed envelope or package addressed
to the person(s) set forth below, and placed the envelope for collection and mailing
following our ordinary business practices, which are that on the same day
correspondence is placed for collection and mailing, it is deposited in the ordinary
course of business with the United States Postal Service in San Francisco, California,
ina sealed envelope with postage fully prepaid. OR
(J T enclosed the documents in a sealed envelope or package addressed to the
person(s) set forth below, and deposited the sealed envelope with the United States
Postal Service, with the postage fully prepaid.
BY MESSENGER SERVICE: I enclosed the documents in an envelope or package
addressed to the person(s) set forth below and providing the package(s) to a
professional messenger service for same day delivery service.
BY PERSONAL SERVICE: I personally delivered the documents to the persons at
the addresses listed below. (1) For a party represented by an attorney, delivery was
made to the attorney or the attorney’s office by leaving the documents in an envelope
or package clearly labeled to identify the attorney being served with a receptionist or
an individual in charge of the office. (2) For a party, delivery was made to the party or
by leaving the documents at the party’s residence with some person not less than 18
years of age between the hours of eight in the morning and six in the evening.
BY OVERNIGHT DELIVERY: I enclosed the documents in a sealed envelope or
package provided by FedEx and addressed to the person(s) listed below by placing the
envelope or package(s) for collection and transmittal by FedEx pursuant to my firm’s
ordinary business practices, which are that on the same day a FedEx envelope or
package is placed for collection, it is deposited in the ordinary course of business with
FedEx for overnight delivery, with all charges fully prepaid.
BY FACSIMILE: Based on a court order or an agreement of the parties to accept
service by fax transmission, I faxed the documents to the person(s) at the fax
number(s) listed below. No error was reported by the fax machine that I used. A copy
of the record of the fax transmission(s), which I printed out, is attached.
BY ELECTRONIC SERVICE: VIA E-Service by vendor Nationwide Legal LLC
on all counsel on November 3, 2020.
Ix
2
PROOF OF SERVICE
DM1\10284992.1Jonathan A. Patchen, Esq. Counsel for Defendant, Martin DeBono
Daniel P. Martin, Esq.
Baker Botts L.L.P. Via Electronic Service
101 California Street, Suite 3600
San Francisco, CA 94111
Telephone: 415.291.6209
E-mail: jonathan.patchen@bakerbotts.com
daniel.martin@bakerbotts.com
Cheryl A. Cauley, Esq. Counsel for Defendant, Martin DeBono
Baker Botts L.L.P.
1001 Page Mill Road Via Electronic Service
Building One, Suite 200
Palo Alto, CA 94304
Telephone: 650-739-7500
E-mail: cheryl.cauley@bakerbotts.com
John (Jay) Neukom, Esq. Counsel for Defendants, Standard/GAF
Caroline Van Ness, Esq. Energy
Michelle Kao, Esq.
Skadden, Arps, Slate, Meagher & Flom Via Electronic Service
LLP
525 University Avenue, Suite 1400
Palo Alto, CA 94301-1908
Telephone: 650.470.4560
E-mail: john.neukom@skadden.com
Caroline. VanNess@skadden.com
Michelle.Kao@skadden.com
Abraham A. Tabaie, Esq. Counsel for Defendants, Standard/GAF
Raza Rasheed, Esq. Energy
Skadden, Arps, Slate, Meagher & Flom LLP
300 S. Grand Avenue, Suite 3400 Via Electronic Service
Los Angeles, CA 90071
E-mail: atabaie@skadden.com
raza.tasheed@skadden.com
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Dated: November 3, 2020 /s/_ Jean Marie Reed
Jean Marie Reed
3
PROOF OF SERVICE
DM1\10284992.1
Preview
10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 19CV349042 Santa Clara — Civil Stephen H. Sutro (SBN 172168) Suzanne R. Fogarty (SBN 154319) Meghan C. Killian (SBN 310195) Duane Morris LLP One Market Plaza Spear Tower, Suite 2200 San Francisco, CA 94105 Tel: 415.957.3000 Fax: 415.957.3001 E-mail: SHSutro@DuaneMorris.com SRFogarty@DuaneMorris.com MCKillian@DuaneMorris.com Brad Thompson (admitted pro hac vice) Bert Greene (admitted pro hac vice) Duane Morris LLP Las Cimas IV 900 S. Capital of Texas Hwy., Suite 300 Austin, TX 78746-5435 Tel: 512.277.2300 Fax: 512.277.2301 E-mail: | BThompson@DuaneMorris.com BGreene@DuaneMorris.com Attorneys for Plaintiff, SUNPOWER CORPORATION R, Bur} Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/3/2020 7:21 PM Reviewed By: R. Burciaga Case #19CV349042 Envelope: 5233247 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA SUNPOWER CORPORATION, Plaintiff, v. MARTIN DEBONO, STANDARD INDUSTRIES INC., GAF ENERGY, and DOES 1-100, Defendants. Case No. 19CV349042 DECLARATION OF SUZANNE R. FOGARTY IN SUPPORT OF PLAINTIFF SUNPOWER CORPORATION’S REPLY IN SUPPORT OF MOTION TO COMPEL DISCOVERY RESPONSES Date: November 10, 2020 Time: 9:00 a.m. Dept.: 2 Judge: Hon. Thang N. Barrettt Complaint filed: June 14, 2019 PUBLIC REDACTED VERSION PUBLIC VERSION - DECLARATION OF SUZANNE FOGARTY IN SUPPORT OF SUNPOWER’S REPLY, CASE NO. 19CV349042 DMI\11528910.1 iaga10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Suzanne R. Fogarty, declare: 1. Iam an attorney duly licensed to practice in this Court, and an attorney at Duane Morris LLP, attorneys of record for Plaintiff SunPower Corporation ("SunPower"). The following is of my own personal knowledge, and if called as a witness in this matter, I could and would competently testify thereto. 2. A true and correct copy of a redline comparing SunPower’s Trade Secret Designation, as served on June 19, 2019 and its Second Amended Trade Secret Designation, as served on June 3, 2020 is attached as Exhibit A. This document is designated as CONFIDENTIAL and is filed under seal. I declare under penalty of perjury under the laws of the United States and the State of California that the foregoing is true and correct. Executed this 3" day of November 2020 in San Francisco, California. By:__/s/ Suzanne R. Fogarty Suzanne R. Fogarty PUBLIC VERSION - DECLARATION OF SUZANNE FOGARTY IN SUPPORT OF SUNPOWER’S REPLY, CASE NO. 19CV349042 DMI\11528910.1PROOF OF SERVICE SunPower Corporation v. Martin DeBono, Standard Industries, Inc., GAF Energy; and DOES 1 - 100 Santa Clara County Superior Court, Action No. 19CV349042 I am a citizen of the United States, over the age of 18 years, and not a party to interested in the cause. I am an employee with Duane Morris LLP and my business address is One Market Plaza, Spear Tower, Suite 2200, San Francisco, California 94105. I am readily familiar with this firm’s practices for collecting and processing correspondence for mailing with the United States Postal Service and for transmitting documents by FedEx, fax, email, messenger and other modes. On the date stated below, I served the following documents: PUBLIC VERSION - DECLARATION OF SUZANNE R. FOGARTY IN SUPPORT OF PLAINTIFF SUNPOWER CORPORATION’S REPLY IN SUPPORT OF MOTION TO COMPEL DISCOVERY RESPONSES BY U.S. MAIL: I enclosed the documents in a sealed envelope or package addressed to the person(s) set forth below, and placed the envelope for collection and mailing following our ordinary business practices, which are that on the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in San Francisco, California, ina sealed envelope with postage fully prepaid. OR (J T enclosed the documents in a sealed envelope or package addressed to the person(s) set forth below, and deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. BY MESSENGER SERVICE: I enclosed the documents in an envelope or package addressed to the person(s) set forth below and providing the package(s) to a professional messenger service for same day delivery service. BY PERSONAL SERVICE: I personally delivered the documents to the persons at the addresses listed below. (1) For a party represented by an attorney, delivery was made to the attorney or the attorney’s office by leaving the documents in an envelope or package clearly labeled to identify the attorney being served with a receptionist or an individual in charge of the office. (2) For a party, delivery was made to the party or by leaving the documents at the party’s residence with some person not less than 18 years of age between the hours of eight in the morning and six in the evening. BY OVERNIGHT DELIVERY: I enclosed the documents in a sealed envelope or package provided by FedEx and addressed to the person(s) listed below by placing the envelope or package(s) for collection and transmittal by FedEx pursuant to my firm’s ordinary business practices, which are that on the same day a FedEx envelope or package is placed for collection, it is deposited in the ordinary course of business with FedEx for overnight delivery, with all charges fully prepaid. BY FACSIMILE: Based on a court order or an agreement of the parties to accept service by fax transmission, I faxed the documents to the person(s) at the fax number(s) listed below. No error was reported by the fax machine that I used. A copy of the record of the fax transmission(s), which I printed out, is attached. BY ELECTRONIC SERVICE: VIA E-Service by vendor Nationwide Legal LLC on all counsel on November 3, 2020. Ix 2 PROOF OF SERVICE DM1\10284992.1Jonathan A. Patchen, Esq. Counsel for Defendant, Martin DeBono Daniel P. Martin, Esq. Baker Botts L.L.P. Via Electronic Service 101 California Street, Suite 3600 San Francisco, CA 94111 Telephone: 415.291.6209 E-mail: jonathan.patchen@bakerbotts.com daniel.martin@bakerbotts.com Cheryl A. Cauley, Esq. Counsel for Defendant, Martin DeBono Baker Botts L.L.P. 1001 Page Mill Road Via Electronic Service Building One, Suite 200 Palo Alto, CA 94304 Telephone: 650-739-7500 E-mail: cheryl.cauley@bakerbotts.com John (Jay) Neukom, Esq. Counsel for Defendants, Standard/GAF Caroline Van Ness, Esq. Energy Michelle Kao, Esq. Skadden, Arps, Slate, Meagher & Flom Via Electronic Service LLP 525 University Avenue, Suite 1400 Palo Alto, CA 94301-1908 Telephone: 650.470.4560 E-mail: john.neukom@skadden.com Caroline. VanNess@skadden.com Michelle.Kao@skadden.com Abraham A. Tabaie, Esq. Counsel for Defendants, Standard/GAF Raza Rasheed, Esq. Energy Skadden, Arps, Slate, Meagher & Flom LLP 300 S. Grand Avenue, Suite 3400 Via Electronic Service Los Angeles, CA 90071 E-mail: atabaie@skadden.com raza.tasheed@skadden.com I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: November 3, 2020 /s/_ Jean Marie Reed Jean Marie Reed 3 PROOF OF SERVICE DM1\10284992.1