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

DECLARATION OF MELISSA J. BAILY

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 MELISSA J. BAILY

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

DECLARATION OF MELISSA J. BAILY_

I, Melissa J. Baily, 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 4, 2017, on a telephonic conference regarding discovery issues with

counsel for Defendants and Special Master John Cooper, I asked counsel for Defendants whether

they would agree to produce the Acquisition Agreement. Counsel for Defendants did not

substantively respond to my question or otherwise agree to produce the Acquisition Agreement.

3. On May 8, 2017, I spoke with Arturo Gonzalez, counsel for Defendants, by phone

and again asked whether Defendants would agree to produce the Acquisition Agreement. Mr.

Gonzalez said he had not yet thought about the issue enough to provide a position on whether

Defendants would produce the Acquisition Agreement.

4. Attached hereto as Exhibit A is a true and correct copy of Defendants’ Objections

and Responses to Plaintiff Waymo LLC’s Notice of Deposition of David Meall and Requests for

Production of Documents and Things.

5. Attached hereto as Exhibit B is a true and correct copy of Defendants’ Objections

and Responses to Plaintiff Waymo LLC’s Notice of Deposition of Asheem Linaval and Requests

for Production of Documents and Things.

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

counsel for Waymo and counsel for Defendants, subject “RE: Uber-Otto acquisition agreement.”

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/Melissa J. Baily

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

DECLARATION OF MELISSA J. BAILY_

/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 Melissa J. Baily.

Charles K. Verhoeven

Case 3:17-cv-00939-WHA Document 397-1 Filed 05/08/17 Page 3 of 3