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 & LIEB 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’ MOTION TO CONTINUE TRIAL

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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. Attached as Exhibit A is a true and correct copy of the meet and confer e-mail

regarding this motion between me and Enrico Schaefer, Plaintiff’s lead counsel.

3. Attached as Exhibit B is a true and correct copy of an e-mail from U.S. Airways 

forwarded to me by John Berryhill evidencing his travel plans to come to trial in Detroit, 

Michigan during the originally-scheduled trial date.

4. On or about February 6, 2012, I e-mailed Professor Rich Korf, another expert 

witness for Defendants, to confirm his availability for trial. Attached as Exhibit C is a true and 

correct copy of an e-mail exchange between me and Rich Korf, one of Defendants’ expert 

witnesses, dated February 7, 2012.

5. On February 14, 2012, my assistant booked two rooms at the Westin Cadillac for 

the duration of the trial. One room was intended for me. The other room was intended for my 

colleague, Carlos Singer. An e-mail confirming my hotel reservations is attached as Exhibit D.

6. The new two week trial date of March 26-April 6 coincides exactly with the two 

week spring break schedule at the school my children attend, Bel Air Presbyterian Preschool.

7. As we would not have childcare during those two weeks, my wife and I had 

planned on taking alternating days off of work so that one of us could watch our children. The 

change in trial date has left our family with no childcare during various days over the course of 

two weeks.

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8. I have a hearing on a Motion to Dismiss a class action case on behalf of Microsoft 

Corporation, scheduled to be heard on April 2, 2011 in Los Angeles. I also have an opposition to 

a motion for summary judgment that is due in a different case on the same date.

9. I have a meeting of the Los Angeles Police Commission Police Permit Review 

Panel (where I serve as a Commissioner) on April 4, 2012 in Los Angeles.

10. Filed under seal as Exhibit H is a true and correct copy of Connexus’ 

Consolidated Financial Statements for Fiscal Years December 31, 2009 and 2008. This 

document was produced to Plaintiff in October 2010.

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 5th day of March 2012 at Los Angeles, California.

/s/William A. Delgado 

William A. Delgado

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CERTIFICATE OF SERVICE

I hereby certify that on March 5, 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 & LIEB 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 & LIEB, LLP

707 Wilshire Boulevard, Suite 3850

Los Angeles, CA 90017

(213) 955-9240

williamdelgado@willenken.com

Lead Counsel for Defendants

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