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 or around August 8, 2019, Beverly DeFeo received an estimate from Civil Action Group d/b/a APS International on serving Badoo Trading Limited, Badoo Limited, Worldwide Vision Limited, Badoo Software Limited, and Badoo Technologies Limited. 1 For the U.K. entities, we received the following estimates:  Hague – 12 to 16 weeks; $600 plus costs for certified copies of all court documents to be served  Alternate- Hague – 6 to 9 weeks; $1,050 plus costs for certified copies of all court documents to be served  Expedited Alternative Service (4-6 weeks): $1050.00 (per defendant)  Expedited Alternative Service (2-4 weeks $1400.00 (per defendant)  Expedited Alternative Service (2 weeks, if available) $1750.00 (per defendant) For the Bermuda entity, we received the following estimate:  Hague – 12 to 16 weeks; $390  Alternate- Hague – 6 to 9 weeks; $1,000  Expedited Alternative Service (4-6 weeks): $1500.00  Expedited Alternative Service (2-4 weeks $2000.00  Expedited Alternative Service (2 weeks, if available) $2500.00 For the Malta entity, we received the following estimate:  Hague – 6 to 12 weeks; $480 We were informed that Malta had only "recently established a Central Authority under the Hague" and that therefore the "time frame for service is unknown, as well as any additional requirements or fees the government may impose." For the Cyprus entity, we received the following estimate:  Hague – 12 to 16 weeks; $480 plus costs of translation certificate ($70), plus translations of documents at $70 per page and copies of translations at $.40 per page x3 copies of each. (With exhibits, the Fourth Amended Complaint is well over 200 pages, meaning the cost would be well over $14,000).  Alternate- Hague – 6 to 9 weeks; $1,380 + translation costs  Expedited Alternative Service (4-6 weeks): $2070.00 + translation costs  Expedited Alternative Service (2-4 weeks) $2760.00 + translation costs.  Expedited Alternative Service (2 weeks, if available) $3450.00 + translation costs. Additional information on these estimates is attached as Exhibits 1-4 of this declaration. 3. On August 6, 2019, I wrote to Bumble's counsel detailing a number of omissions from Bumble's source code production. Two categories of these admissions included "User- interface (UI) code for accused functionality including recognizing dragging gestures and code that connects the UI to the produced source code files" and server-side functionality, including "Code which receives from a client app requests related to the accused 2 functionality and then invokes code in the produced files." I followed up on August 12th. I followed up against on August 19th. Bumble responded on August 21st to indicate that "Bumble does not have in its possession the source code" requested. On August 22nd, I asked "who exactly has possession of the source code we request."? On Monday August 26th, I followed up asking for an answer. To date, I have not received a response. These facts exist in e-mail correspondence, which I omit from attaching for any issues of confidentiality discussing source code specifics. 4. On June 18th, 2019 I participated in a call with Rose Whelan and I believe Matt Caplan, counsel for Defendants. During that call, Ms. Whelan asked me whether Match would be using corporate form to avoid producing information related to Tinder. I informed Ms. Whelan that Tinder information was part of Match Group, LLC. Because it was on topic, I also asked about whether Bumble would be making available information and witnesses from the non-Bumble Defendants. Counsel for Bumble indicated that they would get back to me. 5. On July 18, 2019, I participated on a call with Joe Drayton, Matt Caplan, Brad Caldwell, and others. On this call, Matt Caplan indicated that Bumble had rejected Match's proposed deal for dealing with discovery issued related to the non-Bumble Defendants. 6. In the Summer of 2018, I participated in a call with Joe Drayton, Brad Caldwell, Jared Sine, Mariko O'Shea, and others to discuss the litigation between Match Group, LLC and Bumble Trading, Inc. 7. The document attached as Exhibit A is a true and correct copy of e-mail thread between counsel for Match and counsel for Defendants. 8. The document attached as Exhibit B is a true and correct copy of is a true and correct copy of e-mail thread between counsel for Match and counsel for Defendants. 9. The document attached as Exhibit C is a true and correct copy of e-mail thread between counsel for Match and counsel for Defendants. 10. The document attached as Exhibit D is a true and correct copy of e-mail thread between counsel for Match and counsel for Defendants. 11. The documents attached as Exhibit E, F, and G, are true and correct copies of Companies House records for Badoo Trading Limited, Badoo Limited, and Badoo Technologies Limited. On page 27 of Exhibit E, the document states "The ultimate controlling party is Mr A Ogandzhanyants." This same statement is on page 15 of Exhibit F and Page 17 of Exhibit G. 12. The document attached as Exhibit H is a true and correct copy of new articles located at https://www.forbes.com/sites/angelauyeung/2018/03/12/russian-billionaire-cupid-andrey- andreev-most-popular-dating-app-badoo/#1507da917800. The article indicates that Andrey Andreev's real name is Andrey Ogandzhantyants. 13. The document attached as Exhibit I is a true and correct copy of a New York Times Article. 3 14. The document attached as Exhibit J is a true and correct copy of a press release downloaded from the magiclab.co website. 15. The document attached as Exhibit K is a true and correct copy of Magic Lab's linkedin page. 16. The document attached as Exhibit L is a true and correct copy of a Job Posting from Magic Lab for "Design Lead" for Bumble. 17. The document attached as Exhibit M is a true and correct copy of print out of the website https://magiclab.co/bumble as existing on August 28, 2019. 18. The document attached as Exhibit N is a true and correct copy of an article located at https://www.elle.com/uk/life-and-culture/info-pages/a40917/badoo-dating-app/ as existing on August 28, 2019. 19. The document attached as Exhibit P is a true and correct copy of a letter sent from Mariko O'Shea to Jared Sine. 20. The document attached as Exhibit Q is a true and correct copy of the website https://solicitors.lawsociety.org.uk/person/215347/mariko-oshea as existing on August 28, 2019. 21. The document attached as Exhibit S is a true and correct copy of the financial records of Bumble Holding. Directors are listed on page 2. 22. The document attached as Exhibit T is a true and correct copy of an article located at https://techcrunch.com/2018/05/13/whitney-wolfe-herd-bumbles-founder-doesnt-care-what- shes-supposed-to-do/ as existing on August 28, 2019. The article states that "all engineering is still handled in Badoo's London offices." 23. The document attached as Exhibit U is a true and correct copy of an e-mail thread between counsel for Match and counsel for Bumble. 24. The document attached as Exhibit V is a true and correct copy of an e-mail thread between counsel for Match and counsel for Bumble. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 28, 2019 /s/ John F. Summers John F. Summers 4