Match Group, LLC v. Bumble Trading Inc.

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

Declaration of John F. Summers

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS WACO DIVISION MATCH GROUP, LLC § § § Plaintiff, § § v. § § BUMBLE TRADING INC., BUMBLE § HOLDING, LTD., BADOO TRADING § No. 6:18-cv-00080-ADA LIMITED, MAGIC LAB CO., WORLDWIDE VISION LIMITED, § BADOO LIMITED, BADOO § SOFTWARE LIMITED, and BADOO § JURY TRIAL DEMANDED TECHNOLOGIES LIMITED, § § Defendants. § § BUMBLE TRADING INC. and BUMBLE § HOLDING, LTD., § § Cross-Plaintiffs, v. § § § MATCH GROUP, LLC and § IAC/INTERACTIVECORP., § § § Cross-Defendants. § DECLARATION OF JOHN F. SUMMERS I, John F. Summers, 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 July 25, 2019, I participated in a call with Matt Caplan, counsel for Defendants. On the call, we discussed Match Group, LLC's plan to add the non-Bumble Defendants to the case. Mr. Caplan asked me what Match Group, LLC intended to do to add the non-Bumble 1 Defendants. I told Mr. Caplan that Match Group, LLC would likely added an inducement theory and a declaratory judgment of non-liability theory for the non-Bumble Defendants related to the Bumble Defendants' Texas law claim. 3. Mr. Caplan did not indicate on this call that he believed the Scheduling Order required a motion for leave to add a declaratory judgment of non-liability theory. 4. I spoke with Mr. Caplan again on July 29, 2019 about, among other things, Match Group, LLC's addition of the non-Bumble Defendants. Mr. Caplan did not mention that a motion for leave might be required. 5. To my knowledge, no attorney for the Bumble Defendants or the non-Bumble Defendants indicated that leave was necessary to file the Fourth Amended Complaint until the Bumble Defendants' Motion to Dismiss. 6. The document attached as Exhibit A is a true and correct copy of Match Group, LLC's Fourth Amended Complaint. 7. The document attached as Exhibit B is a true and correct copy of an e-mail thread between counsel for Match Group, LLC and counsel for the Bumble Defendants. 8. The document attached as Exhibit C is a true and correct copy of an e-mail thread between counsel for Match Group, LLC and counsel for the Bumble Defendants. 9. The document attached as Exhibit D is a true and correct copy of the Court's Model Scheduling Order for patent cases. 10. The document attached as Exhibit E is a true and correct copy of Judge Gilstrap and Judge Payne's Model Scheduling Order for patent cases. 11. The document attached as Exhibit F is a true and correct copy Judge Schroeder's Model Scheduling Order for patent cases. 12. The document attached as Exhibit G is a true and correct copy of Judge Mitchell's Model Scheduling Order for Patent Cases. 13. The document attached as Exhibit H is a true and correct copy of an e-mail thread between counsel for Match Group, LLC and Defendants. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 23, 2019 /s/ John F. Summers John F. Summers 2