`Case 2:12—cv—O2781—JPM—cgc Document 21-2 Filed 01/10/13 Page 1 of 4 Page|D 92
`
`EXHIBIT A
`
`EXHIBIT A
`
`
`
`Case 2:12-cv-02781-JPM-cgc Document 21-2 Filed 01/10/13 Page 2 of 4 PageID 93
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
`
`B.E. TECHNOLOGY, L.L.C.,
`
`Plaintiff,
`
`
`
`
`
`
`
`v.
`
`GROUPON, INC.,
`
`
`
`
`
`Defendant.
`
`Civil Action No. 12-cv-02781
`
`Hon. Jon Phipps McCalla
`
`DECLARATION OF DAVID THACKER IN SUPPORT OF GROUPON, INC.’S
`MOTION TO TRANSFER VENUE UNDER 28 U.S.C. § 1404(A)
`
`I, David Thacker hereby declare:
`
`1.
`
`I am the Senior Director for Product Management at Groupon, Inc.
`
`(“Groupon”). I have been employed by Groupon since April of 2011, and I base this
`
`declaration on my personal knowledge.
`
`2.
`
`Groupon
`
`is an e-commerce marketplace and daily deal website,
`
`connecting users with local merchants across the United States by offering goods and
`
`services at a discount.
`
`3.
`
`Groupon is a Delaware corporation, with its global headquarters in
`
`Chicago, Illinois. Groupon additionally has technology development offices in San
`
`Francisco and Palo Alto, California.
`
`4.
`
`Groupon’s technology development offices in San Francisco and Palo
`
`Alto have significant responsibility for the design, development, maintenance, and
`
`operation of Groupon’s daily deals website, and primary responsibility with regards to
`
`targeting advertisements and deals to users of Groupon’s products and services.
`
`
`
`Case 2:12-cv-02781-JPM-cgc Document 21-2 Filed 01/10/13 Page 3 of 4 PageID 94
`
`5.
`
`Accordingly, the Groupon employees most knowledgeable about the
`
`design, development, maintenance, and operation of Groupon’s products and services
`
`with regards to targeting and personalization of Groupon’s website are located in
`
`Groupon’s Palo Alto office. These employees include myself, as Senior Director for
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`Product Management, as well as: Amit Aggarwal (Senior Director – Engineering, who
`
`oversees a group of about 25 engineers located in Palo Alto) and Sean O’Brien (Senior
`
`Manager – Software Engineer, who oversees a team of about 6 engineers located in Palo
`
`Alto).
`
`6.
`
`Additionally, as Groupon’s headquarters are based in Chicago, some
`
`Groupon employees with knowledge about Groupon’s products and services may be
`
`located there, including a small group of about 4-5 Groupon employees responsible for
`
`data collection efforts on Groupon’s daily deals website.
`
`7.
`
`Documents relevant to the design, development, maintenance, and
`
`operation of the Groupon’s user targeting and personalization services are located
`
`primarily in Groupon’s Palo Alto office.
`
`8.
`
`In addition to current Groupon employees, former employees with
`
`knowledge of the design, development, maintenance, and operation of Groupon’s daily
`
`deals website, and the targeting and user personalization features therein, are located in
`
`Northern California. For example, Suneel Gupta is a former Groupon employee who was
`
`previously Director of Product Development at Groupon. While he worked out of
`
`Groupon’s Chicago office, based on my personal knowledge, he now resides in San
`
`Francisco, California.
`
`
`
`Case 2:12-cv-02781-JPM-cgc Document 21-2 Filed 01/10/13 Page 4 of 4 PageID 95
`Case 2:12—cv—O2781—JPM—cgc Document 21-2 Filed 01/10/13 Page 4 of 4 Page|D 95
`
`9.
`
`Groupon does not have any office.
`
`facilities or product development
`
`employees in the Western District of Tennessee involved in any way in the design,
`
`development. maintenance. or operation of Groupon‘s daily deals website.
`
`10.
`
`I am not aware of any documents related to Groupon‘s daily deals website
`
`that are located in the Western District of Tennessee.
`
`11.
`
`I am not aware of any employees who work in the Western District of
`
`Tennessee with relevant knowledge concerning the development and technical operation
`
`of Groupon's daily deals website.
`
`12.
`
`Travel from Groupon‘s Palo Alto or San Francisco offices to the Western
`
`District of Tennessee would impose a significant
`
`inconvenience for current Groupon
`
`employees and third—party former employ ees located in Northern Califomia.
`
`I hereby declare under penalty of perjury this 10th day of January. 2013. under the
`
`laws of the United States that the foregoing is true and correct to the best of my
`
`knowledge.
`
`07%
`
`David Thacker
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