Bumble Trading, Inc. et al v. Match Group LLC

Western District of Texas, txwd-6:2018-cv-00350

Declaration of Bradley W. Caldwell

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION BUMBLE TRADING, INC., et. al., § § Plaintiffs, § § v. § No. 6:18-cv-00350-ADA § MATCH GROUP, LLC § § JURY TRIAL DEMANDED § Defendant. § § § DECLARATION OF BRADLEY W. CALDWELL IN SUPPORT OF DEFENDANT MATCH GROUP, LLC'S RESPONSE TO PLAINTIFFS' MOTION TO DISMISS FIRST AMENDED COUNTERCLAIMS I, Bradley W. Caldwell, hereby declare as follows: 1. I am an attorney at the law firm of Caldwell Cassady Curry P.C. in Dallas, Texas. I am admitted to practice in the State of Texas and the Western District of Texas. I submit this declaration based on personal knowledge and following a reasonable investigation. If called upon as a witness, I could and would competently testify to the truth of each statement herein. 2. On October 16, 2018, I participated in a call with Matt Caplan, outside counsel for Bumble Trading, Inc. and Bumble Holding, Ltd. (collectively, "Bumble"). Stephen DiPrima, also counsel for Match, was also on the call. 3. The purpose of this call was to confer on Bumble's motion to voluntarily dismiss its affirmative claims. That motion remains pending before the Court. 4. On this call, I asked Mr. Caplan, among other things, whether Bumble intended to re-file the claims on which it intended to seek voluntary dismissal. 5. Mr. Caplan did not commit to any particular course of action. He indicated that he could not say that Bumble would not re-file some or all of the claims. But he also did not commit to re-filing those claims. 6. Mr. Caplan mentioned that if a complaint were filed it would probably "look different" than Bumble's March 2018 petition. 1 7. Mr. Caplan did not commit to re-filing in a particular forum. 8. Mr. Caplan did not commit to re-filing at any particular time. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 6, 2018 /s/ Bradley W. Caldwell Bradley W. Caldwell 2