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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Plaintiff,
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`v.
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`T-MOBILE USA, INC. and T-MOBILE US,
`INC.,
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`Defendants.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`§
`Case No. 2:21-cv-00072-JRG
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`(LEAD CASE)
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`JURY TRIAL DEMANDED
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`DECLARATION OF VINCENT J. RUBINO, III IN SUPPORT OF
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT LLC’S RESPONSE
`IN OPPOSITION TO DEFENDANT UBER TECHNOLOGIES, INC.,
`D/B/A UBER’S OPPOSED MOTION TO COMPEL AND
`RENEWED MOTION TO STAY (DKT. 117)
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`I, Vincent J. Rubino, III, hereby declare as follows:
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`Case No. 2:21-cv-00026-JRG
`(MEMBER CASE)
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`JURY TRIAL DEMANDED
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Plaintiff,
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`v.
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`UBER TECHNOLOGIES, INC., d/b/a
`UBER,
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`Defendant.
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`1.
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`I have personal knowledge of the facts set forth in this declaration. I am
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`competent to testify as to all matters stated, and I am not under any legal disability that would in
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`any way preclude me from testifying.
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`2.
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`I am a Partner at the law firm of Fabricant LLP and counsel of record for Plaintiff
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`AGIS Software Development LLC, in this matter.
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`3.
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`The exhibits attached to this declaration may contain annotations and/or excerpts
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`of the originals.
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`Case 2:21-cv-00072-JRG-RSP Document 133-1 Filed 08/24/21 Page 2 of 3 PageID #: 3249
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`4.
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`Attached hereto as Exhibit 1 is a true and correct copy of Uber’s First Set of
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`Interrogatories to Plaintiff AGIS Software Development LLC, dated June 2, 2021.
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`5.
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`Attached hereto as Exhibit 2 is a true and correct copy of an email from Mark
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`Reiter to AGIS, dated July 27, 2021.
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`6.
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`Attached hereto as Exhibit 3 is a true and correct copy of an email from E.
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`Iturralde to Mark Reiter, dated July 27, 2021.
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`7.
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`Attached hereto as Exhibit 4 is a true and correct copy of an email from Lynsie
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`Rodriguez to Counsel for Lyft, Uber, and WhatsApp, dated August 2, 2021.
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`8.
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`Attached hereto as Exhibit 5 is a true and correct copy of a document bearing
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`Bates numbers AGISSOFTWARE_0007890 through AGISSOFTWARE_0007901.
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`9.
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`Attached hereto as Exhibit 6 is a true and correct copy of Defendant Uber
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`Technologies Inc.’s Notice of Subpoenas to Christopher R. Rice, dated August 6, 2021.
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`10.
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`Attached hereto as Exhibit 7 is a true and correct copy of an email from Lynsie
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`Rodriguez to Counsel for Uber, dated August 9, 2021.
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`11.
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`Attached hereto as Exhibit 8 is a true and correct copy of an email from Enrique
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`Iturralde to Counsel for Uber, dated August 13, 2021.
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`12.
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`Attached hereto as Exhibit 9 is a true and correct copy of Plaintiff AGIS Software
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`Development LLC’s First Supplemental Responses to Uber’s First Set of Interrogatories (Nos. 1-
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`10), dated August 13, 2021.
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`13.
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`Attached hereto as Exhibit 10 is a true and correct copy of an email from Mark
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`Reiter to AGIS, dated July 27, 2021.
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`14.
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`Attached hereto as Exhibit 11 is a true and correct copy of a document bearing
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`Bates numbers AGISSOFTWARE_0007867 through AGISSOFTWARE_0007888.
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`2
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`Case 2:21-cv-00072-JRG-RSP Document 133-1 Filed 08/24/21 Page 3 of 3 PageID #: 3250
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed on August 23, 2021 in Livingston, New Jersey.
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`/s/ Vincent J. Rubino, III
` Vincent J. Rubino, III
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`3
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