NEWMAN & NEWMAN,

ATTORNEYS AT LAW, LLP

505 Fifth Ave. S., Ste. 610

Seattle, Washington 98104

(206) 274-2800

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NEWMAN DECL. IN SUPP. OF DEFS.’

MOTION FOR ATTORNEYS’ FEES AND COSTS

CASE NO. CV06-0204JCC - 1

The Honorable John C. Coughenour

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

JAMES S. GORDON, Jr., a married

individual, d/b/a ‘GORDONWORKS.COM';

OMNI INNOVATIONS, LLC., a

Washington limited liability company,

Plaintiffs,

v.

VIRTUMUNDO, INC, a Delaware

corporation d/b/a

ADNOWLEDGEMAIL.COM;

ADKNOWLEDGE, INC., a Delaware

corporation, d/b/a

ADKNOWLEDGEMAIL.COM; SCOTT

LYNN, an individual; and JOHN DOES,

1-X,

Defendants.

NO. CV06-0204JCC

DECLARATION OF DEREK A.

NEWMAN IN SUPPORT OF

DEFENDANTS’ MOTION FOR

ATTORNEYS’ FEES AND COSTS

I, Derek A. Newman, swear under penalty of perjury under the laws of the United

States to the following:

1. I am counsel of record for defendants Virtumundo, Inc. (“Virtumundo”) and

Adknowledge, Inc. (“Adknowledge”), am over age 18, and competent to be a witness. I

am making this Declaration based on facts within my own personal knowledge.

Case 2:06-cv-00204-JCC Document 128 Filed 06/19/2007 Page 1 of 3

Gordon v. Virtumundo Inc et al Doc. 128

Dockets.Justia.com
NEWMAN & NEWMAN,

ATTORNEYS AT LAW, LLP

505 Fifth Ave. S., Ste. 610

Seattle, Washington 98104

(206) 274-2800

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NEWMAN DECL. IN SUPP. OF DEFS.’

MOTION FOR ATTORNEYS’ FEES AND COSTS

CASE NO. CV06-0204JCC - 2

2. In this case, James Gordon and Omni Innovations, LLC (“Plaintiffs”) raised novel

questions of law which had no precedent in the Ninth Circuit Court of Appeals or this

judicial district. The allegations were based on highly technical facts and could only have

been addressed by counsel familiar with high-technology disputes and Internet-related

litigation.

3. Defendants were principally represented by Roger Townsend and myself, Derek

Newman. Combined, Mr. Townsend and I devoted a total of 552 hours to defending this

case. We made efforts to delegate work to less expensive, junior attorneys where

appropriate. The junior attorneys devoted a total of 890.7 hours defending this case.

4. The document analysis attorneys devoted 533.1 hours to the creation of our

necessary extensive log of Plaintiffs’ emails.

5. Defendants’ counsel was actively involved in dispositive motion briefing in this

case.

6. Defendants’ counsel also filed various discovery motions, including a motion to

compel Plaintiffs to produce and segregate their emails and a motion to permit

Defendants to depose Plaintiffs’ witnesses disclosed after the discovery cutoff. Each of

these discovery motions was either required by court order or was a reasonable

expenditure of legal effort in defending the lawsuit.

7. Defendants’ counsel traveled to Chicago, Illinois to take the deposition of

Plaintiffs’ expert witness, Pete Resnick and to Kansas City, Missouri to defend Plaintiffs’

depositions of Defendants.

8. Attached hereto as Exhibit A are true and accurate copies of Defendants’ counsel’s

invoices for legal services incurred defending Defendants in the above captioned case.

9. Exhibit A also includes summaries of the reasonable and necessary costs billed to

Defendants in defending this lawsuit.

10. Attached hereto as Exhibit B is a true and accurate copy of the invoice provided by

Defendants’ expert witness, Dr. Neal Krawetz, for his expert services in this case.

Case 2:06-cv-00204-JCC Document 128 Filed 06/19/2007 Page 2 of 3
NEWMAN & NEWMAN,

ATTORNEYS AT LAW, LLP

505 Fifth Ave. S., Ste. 610

Seattle, Washington 98104

(206) 274-2800

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NEWMAN DECL. IN SUPP. OF DEFS.’

MOTION FOR ATTORNEYS’ FEES AND COSTS

CASE NO. CV06-0204JCC - 3

I certify and declare under the penalty of perjury under the laws of the State of

Washington and the United States that to my knowledge the foregoing is true and correct.

Executed on this 19th day of June, 2007, at Seattle, Washington.

Derek A. Newman

Case 2:06-cv-00204-JCC Document 128 Filed 06/19/2007 Page 3 of 3