Exhibit 4

Case 2:24-cv-00093-JRG Document 102-4 Filed 11/05/24 Page 1 of 8 PageID #: 5020
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION

VIRTAMOVE, CORP., 

Plaintiff, 

 v. 

HEWLETT PACKARD ENTERPRISE 

COMPANY, 

 Defendant. 

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Case No. 2:24-cv-00093-JRG 

(Lead Case) 

 

JURY TRIAL DEMANDED 

VIRTAMOVE, CORP., 

Plaintiff, 

 v. 

INTERNATIONAL BUSINESS 

MACHINES 

CORP., 

 Defendant. 

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Case No. 2:24-CV-00064-JRG 

(Member Case) 

 

JURY TRIAL DEMANDED 

DECLARATION OF GREG O’CONNOR 

IN SUPPORT OF PLAINTIFF VIRTAMOVE, CORP.’S OPPOSITION TO 

MOTION TO TRANSFER VENUE

Case 2:24-cv-00093-JRG Document 102-4 Filed 11/05/24 Page 2 of 8 PageID #: 5021
I, Greg O’Connor, declare and state as follows: 

1. I have personal knowledge of the facts set forth herein, and if called upon to testify, 

could and would testify competently thereto. 

2. I currently work as the SVP of Cloud Engineering, Support and Operations at 

BlueYonder. 

3. I work remotely from my primary residence at Chilmark, 

Massachusetts, 02535. I also have a vacation home near Lake Tahoe in California. 

4. I am the former Chief Executive Officer of AppZero. 

5. I am willing and expect to travel to Texas to testify in the above-captioned cases. I 

do not personally find this inconvenient. I do find cross-continental travel to the NDCA to be 

inconvenient. 

6. I am willing and expect to travel to Texas in relation to Plaintiffs co-pending cases 

VirtaMove, Corp. v. Google LLC, No. 7:24-cv-33 (W.D. Tex); VirtaMove, Corp. v. International 

Business Machines Corp., No. 2:24-cv-64 (E.D. Tex); and VirtaMove, Corp. v. Hewlett Packard 

Enterprise Company, No. 2:24-cv-96 (E.D. Tex). I expect to regularly travel to Texas to prepare 

for, attend hearings in, and testify in these cases, so I would not find travel for any one specific 

case in Texas to be inconvenient if I will be in Texas for other cases anyway. 

7. I have been informed by VirtaMove’s lawyers that the trial in this case is set for 

October 20, 2025. I have no specific plans to be in the Northern District of California at that time. 

8. I would prefer to travel to Marshall, Texas for trial instead of to the Northern District 

of California because I believe it will be both less expensive and closer. 

9. For expenses, I have estimated my per-diem rates using the GSA website, and San 

Francisco looks to be more than two or three times as expensive, depending on the month. Below 

are true and correct screenshots of the GSA estimated rates for Marshall, Texas and San Francisco, 

CA from: 

Case 2:24-cv-00093-JRG Document 102-4 Filed 11/05/24 Page 3 of 8 PageID #: 5022
https://www.gsa.gov/travel/plan-book/per-diem-rates/per-diem-ratesresults?action=perdiems_report&fiscal_year=2024&state=CA&city=San+Francisco, and 

https://www.gsa.gov/travel/plan-book/per-diem-rates/per-diem-ratesresults?action=perdiems_report&fiscal_year=2024&state=TX&city=Marshall. 

10. If I needed to travel a whole week for trial plus several days of preparation, then I 

estimate the resulting cost difference to be substantially less expensive in Marshall, Texas. 

11. I have used the website www.travelmath.com to estimate my straight-line flying 

Case 2:24-cv-00093-JRG Document 102-4 Filed 11/05/24 Page 4 of 8 PageID #: 5023
times between Chilmark, MA to both Marshall, Texas and to San Francisco, California. The 

following are true and correct excerpts showing that the estimated travel times and travel distances 

are more convenient for Marshall, Texas (3 hours, 22 minutes to travel 1,435 miles) as compared 

to San Francisco (5 hours, 58 minutes to travel 2,730 miles). 

. . . 

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Case 2:24-cv-00093-JRG Document 102-4 Filed 11/05/24 Page 5 of 8 PageID #: 5024
. . . 

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Case 2:24-cv-00093-JRG Document 102-4 Filed 11/05/24 Page 6 of 8 PageID #: 5025
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Case 2:24-cv-00093-JRG Document 102-4 Filed 11/05/24 Page 7 of 8 PageID #: 5026
12. Based on these estimates, I believe that my travel to Texas will be much more 

convenient than travel to San Francisco, California because my travel will be less expensive, faster, 

and closer. For these reasons, I am unwilling to travel to San Francisco, California for trial. 

13. I declare under penalty of perjury pursuant to the laws of the United States that the 

foregoing is true and correct. 

_____________________ 

Greg O’Connor 

Case 2:24-cv-00093-JRG Document 102-4 Filed 11/05/24 Page 8 of 8 PageID #: 5027