Free Declaration in Support - District Court of California - California

Case 3:07-cv-06198-MHP

Document 51

Filed 07/10/2008

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GILBERT R. SEROTA (No. 75305) [email protected] MARK A. sllEFT (No. 183732) Email: [email protected] MICHAEL L. GALLO (No. 220552) [email protected] HOWARD RICE NEMEROVSKI CANADY TALK & RAE }IN A Professional Corporation Three Embarcadero Center, 7th Floor San Francisco, California 94111-4024 Telephone: 415/434-1600 Facsimile: 415/217-5910 Attorneys fOr Plaintiffs THOMAS WEISEL PARTNERS LLC and THOMAS WEISEL INTERNATIONAL PRIVATE LIMITED UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION THOMAS WEISEL PARTNERS LLC, a Delaware limited liability company, and THOMAS WEISEL INTERNATIONAL PRIVATE LIMrTED, an Indian company, Plaintiffs, V. BNP PARIBAS, a French corporation, BNP PARIBAS SECURITIES (ASIA) LIMITED, a Hong Kong company, and PRAVEEN CHAKRAVARTY, an individual, Defendants. No. C-07-6198 MHP Action Filed: December 6, 2007 DECLARATION OF MICHI SETHAVARANGURA IN SUPPORT OF PLAINTIFFS' CONSOLIDATED OPPOSITION TO DEFENDANTS' MOTIONS TO DISMISS THE FIRST AMENDED COMPLAINT Date: Time: Place: Judge: July 28, 2008 2:00p.m. Courtroom 15 Hon. Marilyn Hall Patel

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SETHAVARANGURA DECL. ISO OPP. TO DEFS.' MOT. TO DISMISS FIRST. AM. COMPL. C-07-15198 MHP

Case 3:07-cv-06198-MHP

Document 51

Filed 07/10/2008

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L Michi Sethavarangura, declare:

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I am a Director at Thomas Weisel Partners, LLC ("TWP LLC") and the Head of

Marketing and Events for TWP LLC. I have been employed by Thomas Weisel Partners· since February of 1999. I started as the person in charge of corporate events; in the fall of 2006, I took over Marketing as well. As part of my duties, I worked with other TWP LLC employees who were developing the Discovery Research subscription agreements. I kept a binder with examples of the Discovery Research subscription agreements that TWP LLC customers entered into. I also worked with TWP LLC employees and outside vendors on the

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development and day-to-day maintenance of the Discovery Research website. I make this Declaration upon personal knowledge and, if called upon to testify, could and would testify competently hereto. 2. TWP LLC sold and distributed the research reports authored by the DisCovery

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Research analysts. TWP LLC's Institutional Sales department--whose senior management and part of whose sales force was based in San Francisco--sold access to the Discovery Research reports on a subscription basis to institutional investors located solely in the'United States. The subscription contracts were between TWP LLC and its customers; TWIPL 'afd not sell any Discovery Research research and was not a party to the subscription agreements. Attached hereto as Exhibit A is a representative sample of Discovery Research subscription contracts. 3. TWP LLC distributed the Discovery Research reports through a secure Website

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that resided on servers in San Francisco and could only be accessed by subscribers. TWP LLC's Marketing department in San Francisco oversaw the website's design and processed all proposed changes. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and c

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day of June 2008 at San Francisco, California'

SETHAVARANO-T.TRA DECL. ISO OPP. TO

S.' MOT. TO D ' S FIRST. AM. COWL. C-07-16198 MITt? -1-