Free Brief in Support of Motion - District Court of Colorado - Colorado

Case 1:00-cv-02063-EWN-PAC

Document 92-2

Filed 10/11/2005

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case Nos. 99-N-571 and 00-N-2063 AMAZON, INC., Plaintiff and Counterclaim-defendant, v. CANNONDALE CORP., Defendant and Counterclaim-plaintiff. I, Jonathan E. Moskin, hereby declare: 1. I am an attorney admitted to practice before the bar of this Court and am a partner

SUPPLEMENTAL DECLARATION OF JONATHAN E. MOSKIN IN SUPPORT OF CANNONDALE'S MOTION FOR SUMMARY JUDGMENT

of the firm, White & Case, LLP, attorneys for Cannondale Corp. in these actions. I base this declaration on my personal knowledge and my access to the records in these cases since they were first commenced. 2. Further to paragraph 8 of my January 20, 2000 declaration identifying Exhibit A-

13 to this motion; and paragraph 3 of that declaration identifying excerpts from the December 9, 1999 deposition of Melissa ("Missy") Giove, attached hereto as Exhibit A-21.1 are true and correct copies of additional excerpts from Ms. Giove's deposition transcript in which she also identifies what was marked as Deposition Exhibit 21 and which has been offered by Cannondale as Exhibit 13 to this motion.

NEWYORK 5193359 (2K)

Case 1:00-cv-02063-EWN-PAC

Document 92-2

Filed 10/11/2005

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I hereby declare under penalty of perjury this 10th day of October, 2005 that the foregoing is true and correct to the best of my knowledge and information.

s/ Jonathan Moskin Jonathan Moskin

_

NEWYORK 5193359 (2K)

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Case 1:00-cv-02063-EWN-PAC

Document 92-2

Filed 10/11/2005

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CERTIFICATE OF MAILING I HEREBY CERTIFY that on this 11th day of October, 2005, I electronically filed a true and correct copy of the above and foregoing SUPPLEMENTAL DECLARATION OF JONATHAN E. MOSKIN IN SUPPORT OF CANNONDALE'S MOTION FOR SUMMARY JUDGMENT with the Clerk of Court using the EM/ECF system which will send notification of such filing to the following e-mail addresses: Kenneth A. Feinswog, Esq. ([email protected]) Susan S. Sperber, Esq. ([email protected])

s/ Patricia Ashman _ Patricia Ashman Email: [email protected] Database Manager, Managing Clerk, White & Case, LLP

NEWYORK 5193359 (2K)