`
`
`
`Alfred R. Fabricant (pro hac vice)
`afabricant@fabricantllp.com
`Peter Lambrianakos (pro hac vice)
`plambrianakos@fabricantllp.com
`Vincent J. Rubino, III (pro hac vice)
`vrubino@fabricantllp.com
`Enrique Iturralde (pro hac vice)
`eiturralde@fabricantllp.com
`FABRICANT LLP
`411 Theodore Fremd Road, Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
`
`Benjamin T. Wang (CA SBN 228712)
`bwang@raklaw.com
`Minna Y. Chan (CA SBN 305941)
`mchan@raklaw.com
`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, California 90025
`Telephone: (310) 826-7474
`Facsimile: (310) 826-9226
`
`Attorneys for Defendant/Counterclaim Plaintiff
`AGIS Software Development LLC
`
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`BAKER BOTTS L.L.P.
`
`
`
`
`LYFT, INC.,
`
`Plaintiff,
`
`v.
`AGIS SOFTWARE DEVELOPMENT LLC,
`Defendant.
`
`
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`Case No. 5:21-cv-04653-BLF
`
`DECLARATION OF VINCENT J. RUBINO
`IN SUPPORT OF AGIS SOFTWARE’S
`RESPONSE IN OPPOSITION TO LYFT,
`INC.’S MOTION FOR LEAVE TO
`AMNEND COMPLAINT
`
`Dept:
` Courtroom 3 – 5th Floor
`Judge:
` Hon. Beth Labson Freeman
`
`Trial date: October 16, 2023
`
`
`DECLARATION OF VINCENT RUBINO IN SUPPORT OF AGIS SOFTWARE’S
`OPPOSITION TO LYFT’S MOTION FOR LEAVE TO AMEND COMPLAINT
`
`Case No. 5:21-cv-
`04653-BLF
`
`
`
`Case 5:21-cv-04653-BLF Document 94-1 Filed 04/12/22 Page 2 of 3
`
`
`
`
`
`I, Vincent J. Rubino, hereby declare as follows:
`1.
`I am a partner at the law firm of Fabricant LLP and counsel for Defendant AGIS
`Software Development LLC (“AGIS Software”). I am admitted to practice before this Court. I have
`personal knowledge of the facts stated in this declaration and can and would testify truthfully thereto
`if called upon to do so.
`2.
`I submit this declaration in support of AGIS Software’s Response in Opposition to
`Lyft, Inc.’s Motion for Leave to Amend Complaint.
`3.
`Attached hereto as Exhibit 1 is a true and correct copy of portions from the rough
`transcript of the March 22, 2022 Deposition of Thomas Meriam in this case, and which is
`designated highly confidential – attorneys eyes only.
`I declare under penalty of perjury under the laws of the United States the foregoing is true
`and correct.
` Executed April 12, 2022.
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`/s/ _Vincent J. Rubino, III____________
`Vincent J. Rubino, III, Declarant
`
`
`DECLARATION OF VINCENT RUBINO IN SUPPORT OF AGIS SOFTWARE’S
`OPPOSITION TO LYFT’S MOTION FOR LEAVE TO AMEND COMPLAINT
`1
`
`Case No. 5:21-cv-
`04653-BLF
`
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`BAKER BOTTS L.L.P.
`
`
`
`Case 5:21-cv-04653-BLF Document 94-1 Filed 04/12/22 Page 3 of 3
`
`
`
`CERTIFICATE OF SERVICE
`
`I certify that I caused the foregoing document to be electronically filed with the Clerk of
`the Court for the United States District Court for the Northern District of California using the
`CM/ECF System on April 4, 2022.
`
`I certify that all counsel of record who are deemed to have consented to electronic service
`are being served on April 4, 2022 with a copy of this document via the Court’s CM/ECF systems
`per Local Rule CV-5(a)(3). Any other counsel will be served by electronic mail, facsimile, overnight
`delivery and/or First Class Mail on this date.
`
`
`DATED: April 12, 2022
`
`
`/s/Benjamin T. Wang
`
`
`
`
`
`
`
`
`DECLARATION OF VINCENT RUBINO IN SUPPORT OF AGIS SOFTWARE’S
`OPPOSITION TO LYFT’S MOTION FOR LEAVE TO AMEND COMPLAINT
`2
`
`Case No. 5:21-cv-
`04653-BLF
`
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`
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