Getagadget, LLC v. Jet Creations Inc.

Western District of Texas, txwd-6:2019-cv-00330

Affidavit Matthew Booth

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United States District Court Western District of Texas Waco Division Getagadget, LLC Plaintiff v. Civil Action No. 6:19-cv-330-ADA Jet Creations Inc. Jury Trial Defendant Declaration of Matthew Booth I, Matthew Booth, declare: 1. I am over 18 years of age. Unless otherwise indicated, I have personal knowledge of the facts stated in this declaration, and if called as a witness, could and would testify to the following matters. 2. I am legal counsel for Plaintiff Getagadget, LLC in this Case. 3. Exhibit A (Complaint, Exhibit E) is a true and correct image of a Big Bite T-Rex! Prehistoric Float (FUN-TYR6) product that I purchased through Amazon at www.amazon.com and it was delivered to an address located in this District. Exhibit B (Complaint, Exhibit G) is a true and correct copy of the sales invoice. Exhibit C is a true and correct copy of the Amazon web page describing the product. Exhibit C contains the notation that the product was sold by, and shipped from, the Defendant. On information and belief, Amazon has retail stores in Texas and in this Judicial District. 4. Exhibit D (Complaint, Exhibit H) is a true and correct copy of the invoice for the purchase of a Big Bite T-Rex! Prehistoric Float (FUN-TYR6) product that I purchased 1 through Walmart at http://www.walmart.com/ and it was delivered to a Walmart store located in this Judicial District for in-store pickup. Exhibit D is a true and correct copy of the sales invoice. On information and belief, Walmart has numerous retail stores in Texas and in this Judicial District. 5. Plaintiff, Getagadget, LLC, is a Texas Limited Liability Company with its principle place of business at 6406 Burleson Road, Suite 120, Austin Texas 78744, which is located in this Judicial District. I declare under penalty of perjury that the statements in this Declaration are true and correct. Date: August 7, 2019 Respectfully submitted, /s/ Matthew J. Booth Matthew J. Booth Matthew Booth Matthew J. Booth PC Texas Bar No. 02648300 5501A Balcones Drive, Suite 301 Austin Texas 78731 Tel: +1 (512) 474-8488 Fax: +1 (512) 596-2875 matthew.booth@boothlaw.com Legal Counsel for Plaintiff InProcessOut, LLC 2