UNITED STATES DISTRICT COURT 

DISTRICT OF NEW HAMPSHIRE 

UNITED STATES SECURITIES AND 

EXCHANGE COMMISSION, 

Plaintiff, 

v. 

PIYUSH G. PATEL, DAVID J. KIRKPATRICK, 

ERIC JAEGER, BRUCE D. KAY, ROBERT J. 

GAGALIS, ROBERT G. BARBER, JR., 

LAWRENCE COLLINS, MICHAEL A. 

SKUBISZ, JERRY A. SHANAHAN, 

HOR CHONG (DAVID) BOEY, 

Defendants. 

No. 01:07-00039-SM 

ORAL ARGUMENT REQUESTED

DEFENDANT ERIC JAEGER’S MOTION TO EXCLUDE 

TESTIMONY OF STEVEN HENNING

Jonathan A. Shapiro 

WILMER CUTLER PICKERING HALE 

AND DORR LLP 

950 Page Mill Road 

Palo Alto, California 94304 

(650) 858-6000 

Jeffrey B. Rudman (admitted pro hac vice) 

WILMER CUTLER PICKERING HALE 

AND DORR LLP 

60 State Street 

Boston, Massachusetts 02109 

(617) 526-6000 

November 18, 2011 

Case 1:07-cv-00039-SM Document 263 Filed 11/18/11 Page 1 of 4
Pursuant to Federal Rule of Evidence 702, Defendant Eric Jaeger submits this motion for 

an order excluding certain proposed testimony of the Security and Exchange Commission’s 

expert, Steven L. Henning, under Federal Rule of Evidence 702. 

As grounds for this motion, Mr. Jaeger states that—as explained more fully in the 

accompanying Memorandum of Law—Mr. Henning’s proffered testimony: 

(1) Improperly usurps the role of the jury by consisting predominantly of a factual 

narrative of the case that a lay juror is equally capable of constructing; 

(2) Draws inferences about Mr. Jaeger’s knowledge and understanding that are 

speculative and unconnected to any expertise Mr. Henning might have; 

(3) Opines about Mr. Jaeger’s role and responsibilities in the course of his 

employment on the basis of speculation and without resort to any specialized knowledge; and 

(4) Offers legal conclusions as to the materiality of three transactions without having 

used any methodology for determining the materiality of those specific transactions. 

REQUEST FOR ORAL ARGUMENT 

Mr. Jaeger respectfully requests oral argument pursuant to Local Rule 7.1(d). Mr. Jaeger 

makes this request because he believes that oral argument may assist the Court’s consideration of 

this Motion and he would appreciate the opportunity for counsel to address any issues raised by, 

or questions posed by, the Court. Mr. Jaeger is prepared to limit his argument, if one is 

permitted, to the fifteen (15) minutes called for by Local Rule 7.1(d) 

CERTIFICATE OF NON-CONCURRENCE 

Counsel for Mr. Jaeger hereby certify that a good faith attempt was made to obtain 

concurrence in the relief sought, but no such concurrence could be reached. 

WHEREFORE, Defendant Eric Jaeger respectfully requests that the Court exclude the 

testimony of Steven Henning, in particular: 

Case 1:07-cv-00039-SM Document 263 Filed 11/18/11 Page 2 of 4
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• Any testimony constituting a factual summary of the case; 

• Any testimony purporting to opine about Mr. Jaeger’s knowledge, intent, 

understanding, or state of mind; 

• Any testimony purporting to opine about Mr. Jaeger’s role or responsibilities; and 

• Any testimony concerning the materiality of the transactions referenced by the 

SEC in its complaint in this action, including the three transactions that remain at 

issue with respect to Mr. Jaeger — Centricity, iPolicy, and Everest Broadband 

transactions. 

 Respectfully submitted, 

ERIC JAEGER, 

By his attorneys, 

/s/ Jonathan A. Shapiro 

Jonathan A. Shapiro 

WILMER CUTLER PICKERING HALE 

AND DORR LLP 

950 Page Mill Road 

Palo Alto, California 94304 

(650) 858-6000 

Jeffrey B. Rudman (admitted pro hac vice) 

WILMER CUTLER PICKERING HALE 

AND DORR LLP 

60 State Street 

Boston, Massachusetts 02109 

(617) 526-6000 

Case 1:07-cv-00039-SM Document 263 Filed 11/18/11 Page 3 of 4
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CERTIFICATE OF SERVICE 

 I, Jonathan A. Shapiro, hereby certify that Defendant Eric Jaeger’s Motion to Exclude 

Testimony of Steven Henning filed through the ECF system will be sent electronically to the 

registered participants as identified on the Notice of Electronic Filing and paper copies will be 

sent to those indicated as non-registered participants on November 18, 2011. 

 /s/ Jonathan A. Shapiro_________ 

 Jonathan A. Shapiro 

 Dated: November 18, 2011 

Case 1:07-cv-00039-SM Document 263 Filed 11/18/11 Page 4 of 4