125388.1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN

THE WEATHER UNDERGROUND, INC., 

a Michigan corporation, 

Plaintiff, 

 Case No. 2:09-CV-10756 

vs. Hon. Marianne O. Battani 

 

NAVIGATION CATALYST SYSTEMS, INC., 

 a Delaware corporation; CONNEXUS CORP., 

 a Delaware corporation; FIRSTLOOK, INC., 

 a Delaware corporation; and EPIC MEDIA 

 GROUP, INC., a Delaware corporation, 

Defendants. 

______________________________________________________________________ 

Enrico Schaefer (P43506) 

Brian A. Hall (P70865) 

TRAVERSE LEGAL, PLC 

810 Cottageview Drive, Unit G-20 

Traverse City, MI 49686 

231-932-0411 

enrico.schaefer@traverselegal.com 

brianhall@traverselegal.com 

Lead Attorneys for Plaintiff 

Anthony P. Patti (P43729) 

HOOPER HATHAWAY, PC 

126 South Main Street 

Ann Arbor, MI 48104 

734-662-4426 

apatti@hooperhathaway.com 

Attorneys for Plaintiff 

William A. Delgado 

WILLENKEN WILSON LOH & DELGADO 

LLP 

707 Wilshire Boulevard, Suite 3850 

Los Angeles, CA 90017 

(213) 955-9240 

williamdelgado@willenken.com 

Lead Counsel for Defendants 

Nicholas J. Stasevich (P41896) 

Benjamin K. Steffans (P69712) 

BUTZEL LONG, P.C. 

150 West Jefferson, Suite 100 

Detroit, MI 48226 

(313) 225-7000 

stasevich@butzel.com 

steffans@butzel.com 

Local Counsel for Defendants 

______________________________________________________________________ 

DECLARATION OF WILLIAM A. DELGADO IN SUPPORT OF DEFENDANTS’ 

COUNSELS’ MOTION TO WITHDRAW 

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125388.1 

I, William A. Delgado, declare as follows: 

1. I am over the age of eighteen and am lead counsel for Defendants in this matter. I 

have personal knowledge of the facts stated herein except where stated on information and 

belief, and, as to those matters, I believe them to be true. 

2. On March 9, 2009, Defendants Connexus Corporation, Firstlook, Inc. and 

Navigation Catalyst Systems, Inc. (collectively “Connexus”) entered into a written agreement 

(i.e., an engagement letter) with Willenken Wilson Loh & Lieb LLP (“Willenken Firm”) 

pursuant to which the Willenken Firm would provide Connexus with legal representation in this 

matter. 

3. The Willenken engagement letter specifically provided that the Willenken Firm 

would withdraw in the event of nonpayment of its legal fees. 

4. On January 25, 2010, Connexus entered into a written agreement (i.e., an 

engagement letter) with Butzel Long P.C. (“Butzel”) pursuant to which the Butzel Firm would 

provide Connexus with legal representation in this matter, particularly as local counsel. 

5. The Butzel engagement letter specifically provided that the Butzel Firm would 

withdraw in the event of Connexus failed to comply with its obligations under the agreement, 

including payment of firms. 

6. Since 2011, Connexus has failed to pay certain outstanding legal fees and 

expenses to both Willenken and Butzel. Defendants’ Counsel has already advanced the costs of 

various out-of-pocket expenses for which payment likely will never be realized. 

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125388.1 

7. Throughout 2012, the Willenken Firm and Connexus have attempted to structure 

various payment plans pursuant to which Connexus would make certain payments so that the 

Willenken Firm would not need to withdraw from this matter. 

8. Connexus has not abided by the various payment plans and has been unable to 

pay past-due amounts or provide a trial retainer in this matter. 

9. In March 2012, I informed David Graff that failure to pay legal fees and expenses 

would result in the Willenken Firm seeking permission to withdraw as counsel in this matter. 

10. In April 2012, David Graff confirmed that, in the event the Willenken Firm 

withdrew as counsel because Connexus had been unable to make requisite payments under an 

agreed-upon payment structure, Connexus would not object to the withdrawal. 

I declare under penalty of perjury under the laws of the United States of America that the 

foregoing is true and correct. 

 Executed on this 7th day of May 2012 at Los Angeles, California. 

/s/William A. Delgado_____________________ 

William A. Delgado 

 

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CERTIFICATE OF SERVICE

 I hereby certify that on May 7, 2012, I electronically filed the foregoing paper 

with the Court using the ECF system which will send notification of such filing to the 

following: 

Enrico Schaefer (P43506) 

Brian A. Hall (P70865) 

TRAVERSE LEGAL, PLC 

810 Cottageview Drive, Unit G-20 

Traverse City, MI 49686 

231-932-0411 

enrico.schaefer@traverselegal.com 

brianhall@traverselegal.com 

Lead Attorneys for Plaintiff 

Anthony P. Patti (P43729) 

HOOPER HATHAWAY, PC 

126 South Main Street 

Ann Arbor, MI 48104 

734-662-4426 

apatti@hooperhathaway.com 

Attorneys for Plaintiff 

Nicholas J. Stasevich (P41896) 

Benjamin K. Steffans (P69712) 

BUTZEL LONG, P.C. 

150 West Jefferson, Suite 100 

Detroit, MI 48226 

(313) 225-7000 

stasevich@butzel.com 

steffans@butzel.com 

Local Counsel for Defendants 

William A. Delgado 

WILLENKEN WILSON LOH & DELGADO 

LLP 

707 Wilshire Boulevard, Suite 3850 

Los Angeles, CA 90017 

(213) 955-9240 

williamdelgado@willenken.com 

Lead Counsel for Defendants 

 /s/William A. Delgado 

William A. Delgado

 WILLENKEN WILSON LOH & DELGADO LLP 

 707 Wilshire Boulevard, Suite 3850 

 Los Angeles, CA 90017 

 (213) 955-9240 

 williamdelgado@willenken.com 

 Lead Counsel for Defendants 

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