Free Declaration in Support - District Court of California - California

Case 3:07-cv-05026-MHP

Document 29

Filed 02/20/2008

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GILL SPERLEIN (172887) THE LAW FIRM OF GILL SPERLEIN 584 Castro Street, Suite 849 San Francisco, California 94114 Telephone: (415) 378-2625 Facsimile: (415) 252-7747 [email protected] Attorney for Plaintiff IO GROUP, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) CASE NO.: 07-5026 (MHP) IO GROUP, INC., a California corporation, ) ) ) Plaintiff, ) DECLARATION OF GILL SPERLEIN, ) IN SUPPORT OF PLAINTIFF'S vs. ) APPLICATION FOR DEFAULT ) JUDGMENT BY COURT GILBERT MICHAEL GONZALES, an ) individual, ) ) Date: April 7, 2008 Defendant. ) Time: 3:00 p.m. ) Ctrm: 15, 18th Floor ) ) )

I, Gill Sperlein, declare as follows: 1. I am general counsel for Plaintiff, IO Group, Inc. and am plaintiff's attorney of record in this matter.

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2. Defendant Gilbert Michael Gonzales has not responded to the Complaint within the time permitted by law. 3. The Court Entered default against Defendant Gilbert Michael Gonzales on January 3,
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Sperlein Declaration in Support of Plaintiff's Application for Default Judgment 07-5026 (MHP)

Case 3:07-cv-05026-MHP

Document 29

Filed 02/20/2008

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2008. 4. Defendant Gilbert Michael Gonzales is not an infant, and to the best of my knowledge is not an incompetent person or in military service or otherwise exempted under Soldiers' and

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Sailors' Civil Relief Act of 1940. 5. I calculated the number of statutory awards Plaintiff Io Group, Inc. is entitled to by adding all of the infringed works, and only counting a work one time even if it was infringed from more than one location. I did not include any infringements that were the subject of earlier reached settlement agreements. Defendant is subject to thirty-three (33) statutory damage awards. 6. I recently reviewed the on-line retailer amazon.com's website and discovered that it advertises a DVD of last year's Best Picture Oscar winner The Departed for $13.99 and a two-disc edition of the 1941 Best Picture winner, Gone with the Wind also for $13.99. I printed pages from the amazon.com website showing these prices and have attached a copy of those pages hereto as

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Exhibit A.

Pursuant to the laws of the United States, I declare under penalty of perjury the foregoing is true and correct.

Dated: February 20, 2008
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/s/ Gill Sperlein GILL SPERLEIN, Attorney for Plaintiff

Sperlein Declaration in Support of Plaintiff's Application for Default Judgment 07-5026 (MHP)