Match Group, LLC v. Bumble Trading Inc.

Western District of Texas, txwd-6:2018-cv-00080

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS WACO DIVISION MATCH GROUP, LLC, Plaintiff, vs. BUMBLE TRADING, INC., BUMBLE HOLDING, LTD., BADOO TRADING LIMITED, MAGIC LAB CO., WORLDWIDE VISION LIMITED, BADOO LIMITED, BADOO SOFTWARE LIMITED, and BADOO TECHNOLOGIES LIMITED, Case No.: 6:18-cv-00080-ADA-JCM JURY TRIAL Defendants. BUMBLE TRADING, INC. and BUMBLE HOLDING, LTD., Cross-Plaintiffs, vs. MATCH GROUP, LLC and IAC/INTERACTIVE CORP., Cross-Defendants. DECLARATION OF KEVIN INSLEY IN SUPPORT OF DEFENDANT WORLDWIDE VISION LIMITED'S MOTION TO DISMISS PLAINTIFF MATCH GROUP, LLC'S FOURTH AMENDED COMPLAINT I, Kevin Insley, hereby declare: 1. I am over eighteen years of age. I have personal knowledge of the facts set forth in this declaration and, if called to testify as a witness, could and would testify competently thereto. 2. I understand that this declaration will be submitted to the United States District Court for the Western District of Texas and may be considered by that Court in support Defendant Worldwide Vision Limited's ("Worldwide Vision's") Motion to Dismiss for Lack of Personal Jurisdiction. 3. I am a Director of Worldwide Vision. Worldwide Vision is a holding company incorporated and registered to do business in the British territory of Bermuda. 4. Worldwide Vision has no headquarters and no places of business in the United States. 5. Worldwide Vision is the ultimate parent company of successful social networks, dating websites and dating applications around the world. Worldwide Vision's portfolio includes subsidiaries Badoo Trading Limited, Badoo Limited, Badoo Software Limited, and Badoo Technologies Limited. None of these subsidiaries are formed under the laws of the United States. Bumble Trading, Inc. and Bumble Holding, Ltd. are subsidiaries of Badoo Trading Limited. 6. Worldwide Vision owns no property in Texas. Worldwide Vision leases no property in Texas. Worldwide Vision has no offices in Texas. Worldwide Vision has no bank accounts in Texas. Worldwide Vision has no employees in Texas. Worldwide Vision does not have contractors in Texas. 12. Worldwide Vision is not registered to do business in Texas. -1- 13. Worldwide Vision does not provide any services to persons in Texas. 14. Worldwide Vision does not pay any taxes either to the State of Texas or to cities in Texas. 15. Worldwide Vision does not have an agent for service of process in Texas. 16. Worldwide Vision does not have any direct ownership interest in the intellectual property supporting the Bumble mobile application ("the Bumble app') at issue in the above- entitled action. 17. Worldwide Vision was not involved in the design or development of the Bumble app. 18. Worldwide Vision provides no assistance or support for the Bumble app; it does not directly own or control any servers that host the Bumble app. 19. Worldwide Vision does not in any way directly operate or manage distribution of the Bumble app 20. Worldwide Vision does not directly receive any revenue from Bumble in-app purchases. 21. The Board of Directors of Worldwide Vision have never authorized a representative to travel to Texas to represent Worldwide Vision in discussions regarding a potential acquisition of Bumble Trading, Inc. or Bumble Holding, Ltd. by Match Group, LLC. 22. It would be extremely burdensome for Worldwide Vision to defend this action in Texas. All of Worldwide Vision's potential witnesses are located outside of the United States. Additionally, none of Worldwide Vision's files and records are located in Texas. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct to the best of my knowledge, information, and belief. Executed on September 1, 2019, in Hamilton, BERMUAH Lastscauf Kevin Insley 210433546