Data Scape Limited v. Dell Technologies, Inc. et al

Western District of Texas, txwd-6:2019-cv-00129

Affidavit of Paul A Kroeger

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UNITED STATES DISTRICT COURT IN THE WESTERN DISTRICT OF TEXAS WACO DIVISION DATA SCAPE LIMITED, C.A. No. 6:19-cv-00129-ADA Plaintiff, v. JURY TRIAL DEMANDED DELL TECHNOLOGIES INC., DELL INC., and EMC CORPORATION, Defendants. DECLARATION OF PAUL A. KROEGER IN SUPPORT OF PLAINTIFF DATA SCAPE LIMITED'S OPPOSITION TO DEFENDANTS' MOTION FOR INTRA- DISTRICT TRANSFER OF VENUE TO THE WESTERN DISTRICT OF TEXAS, AUSTIN DIVISION I, Paul A. Kroeger, declare as follows: 1. I am an attorney at the law firm of Russ August & Kabat, counsel for Plaintiff Data Scape Limited in this action, and a member in good standing of the bar of California and of this Court. I make all statements herein based on my personal knowledge. 2. Attached hereto as Exhibit A is a true and correct copy of Defendant EMC Corporation's Motion to Transfer Venue to the U.S. District Court for the Northern District of California that was filed in the case Realtime Data LLC v. Dell Inc., United States District Court for the Eastern District of Texas, Case No. 6:16-cv-00089-RWS on July 28, 2016. 3. Attached hereto as Exhibit B is a true and correct copy of the Court Order denying Defendant EMC Corporation's Motion to Transfer Venue to the U.S. District Court for the Northern District of California, in the case Realtime Data LLC v. Dell Inc., United States District Court for the Eastern District of Texas, Case No. 6:16-cv-00089- RWS, that was issued on February 3, 2017. Although the document is marked "sealed" I obtained this document from the publicly available court filings on Pacer. 4. On May 7, 2018, I visited the Expedia.com travel booking website. I found that a stay at the Hilton Waco on May 8, 2018 was listed at $175 per night, whereas a stay at the Hilton Austin on the same date was listed at $275 per night. I declare under penalty of perjury that the foregoing is true and correct. Executed in Los Angeles, California on May 8, 2019. /s/ Paul A. Kroeger Paul A. Kroeger 1