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Case No. 3:17-cv-00939-WHA

DECLARATION OF DAVID A. PERLSON

QUINN EMANUEL URQUHART & SULLIVAN, LLP

Charles K. Verhoeven (Bar No. 170151)

charlesverhoeven@quinnemanuel.com

David A. Perlson (Bar No. 209502)

davidperlson@quinnemanuel.com

Melissa Baily (Bar No. 237649)

melissabaily@quinnemanuel.com

John Neukom (Bar No. 275887)

johnneukom@quinnemanuel.com

Jordan Jaffe (Bar No. 254886)

jordanjaffe@quinnemanuel.com

50 California Street, 22nd Floor

San Francisco, California 94111-4788

Telephone: (415) 875-6600

Facsimile: (415) 875-6700

Attorneys for WAYMO LLC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

WAYMO LLC,

Plaintiff,

vs.

UBER TECHNOLOGIES, INC.;

OTTOMOTTO LLC; OTTO TRUCKING

LLC,

Defendants.

CASE NO. 3:17-cv-00939-WHA

DECLARATION OF DAVID A. PERLSON

Case 3:17-cv-00939-WHA Document 397-5 Filed 05/08/17 Page 1 of 3
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-2- Case No. 3:17-cv-00939-WHA

DECLARATION OF DAVID A. PERLSON_

I, David A. Perlson, hereby declare as follows.

1. I am a member of the bar of the State of California and a partner with Quinn

Emanuel Urquhart & Sullivan, LLP, counsel for Plaintiff Waymo LLC (“Waymo”). I make this

declaration of personal, firsthand knowledge, and if called and sworn as a witness, I could and

would testify competently as follows.

2. On May 8, 2017, I participated in a telephonic conference with Arturo Gonzalez,

counsel for Defendants, and Special Master John Cooper regarding Defendants’ failure to produce

the agreement through which Uber acquired Ottomotto (the “Acquisition Agreement”). When I

asked Mr. Gonzalez if he had ever reviewed the Acquisition Agreement, he represented that he

had not, and that he did not know how long the document was, whether it included any exhibits,

attachments, or schedules, or whether it incorporated any other documents. Mr. Gonzalez also

said that he had not yet discussed the issue of production of the Acquisition Agreement with his

clients and that he had not planned to do so until tomorrow, May 9, at 11 a.m. When I asked Mr.

Gonzalez if, provided Defendants did agree to produce the Acquisition Agreement either today or

tomorrow, he could provide a date certain by which the document(s) would actually be produced

to Waymo, Mr. Gonazlez said he could not.

3. Attached hereto as Exhibit 1 is a true and correct copy of an email chain between

me, Mr. Gonzalez, and Special Master John Cooper, subject “RE: Potential resolution involving

Special Master.”

I declare under penalty of perjury under the laws of the State of California and the United

States of America that the foregoing is true and correct.

DATED: May 8, 2017 /s/ David A. Perlson

Case 3:17-cv-00939-WHA Document 397-5 Filed 05/08/17 Page 2 of 3
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-3- Case No. 3:17-cv-00939-WHA

DECLARATION OF DAVID A. PERLSON_

/s/ Charles K. Verhoeven

SIGNATURE ATTESTATION

Pursuant to Local Rule 5-1(i)(3), I attest under penalty of perjury that concurrence in the

filing of this document has been obtained from David A. Perlson.

Charles K. Verhoeven

Case 3:17-cv-00939-WHA Document 397-5 Filed 05/08/17 Page 3 of 3