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. The document attached as Exhibit A is a true and correct copy of an e-mail thread obtained from the e-mail files of Gary Swidler. 1 3. The document attached as Exhibit B is a true and correct copy of a U.K. Companies House record for Badoo Trading Limited. 4. The document attached as Exhibit C is a true and correct copy of a U.K. Companies House record for Bumble Holding Ltd. 5. The document attached as Exhibit D is a true and correct copy of a U.K. Companies House record for Badoo Trading Limited. 6. The document attached as Exhibit E is a true and correct copy of a U.K. Companies house record for Badoo Trading Limited. 7. The document attached as Exhibit F is a true and correct copy of an article downloaded from the Wall Street Journal website. 8. The document attached as Exhibit G is a true and correct copy of Magic Lab's Linkedin page, downloaded September 26, 2019. 9. The document attached as Exhibit H is a true and correct copy of an e-mail thread obtained from the e-mail files of Gary Swidler. 10. The document attached as Exhibit I is a true and correct copy of https://magiclab.co/about, accessed September 26, 2019. 11. The document attached as Exhibit J is a true and correct copy of an e-mail thread obtained from the e-mail files of Gary Swidler. 12. The document attached as Exhibit K is a true and correct copy of an e-mail thread obtained from the e-mail files of Gary Swidler. 13. The document attached as Exhibit L is a true and correct copy of a letter sent from Mariko O'Shea to Jared Sine. 14. The documents attached as Exhibit M are true and correct copies of e-mail threads obtained from the e-mail files of Jared Sine. 15. The document attached as Exhibit N is a true and correct copy of March 13, 2018 TechCrunch article. 16. The document attached as Exhibit O is a true and correct copy of https://magiclab.co/bumble, accessed September 26, 2019. 17. The document attached as Exhibit P is a true and correct copy of https://magiclab.co/chappy, accessed September 26, 2019. 2 18. The document attached as Exhibit Q is a true and correct copy May 9, 2019 New York Times article. 19. The document attached as Exhibit R is a true and correct copy of a screen shot of an Instagram account @andreev, located at https://www.instagram.com/andreev/?hl=en. 20. The document attached as Exhibit S is a true and correct copy of a screen shot of an Instagram account @andreev, located at https://www.instagram.com/andreev/?hl=en. 21. The document attached as Exhibit T is a true and correct copy of a screen shot of an Instagram account @andreev, located at https://www.instagram.com/andreev/?hl=en. 22. The document attached as Exhibit U is a true and correct copy of Idan Wallichman's LinkedIn page. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 26, 2019 /s/ John F. Summers John F. Summers 3