Case 2:21-cv-00072-JRG-RSP Document 67-1 Filed 05/27/21 Page 1 of 4 PageID #: 1618
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`T-MOBILE USA, INC. and T-MOBILE US,
`INC.,
`
`
`Defendants.
`
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`Case No. 2:21-cv-00024-JRG
`(CONSOLIDATED CASE)
`
`JURY TRIAL DEMANDED
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
`
`§
`Case No. 2:21-cv-00072-JRG
`§
`(LEAD CASE)
`§
`
`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 LYFT, INC.’S
`MOTION TO DISMISS FOR IMPROPER VENUE (DKT. 30)
`
`
`
`
`LYFT, INC.,
`
`
`v.
`
`Defendant.
`
`
`
`
`I, Vincent J. Rubino, hereby declare as follows:
`
`1.
`
`I have personal knowledge of the facts set forth in this declaration. I am competent
`
`to testify as to all matters stated, and I am not under any legal disability that would in any way
`
`preclude me from testifying.
`
`2.
`
`I am a Partner at the law firm of Fabricant LLP and counsel of record for Plaintiff
`
`AGIS Software Development LLC, in this matter.
`
`
`
`
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`T-MOBILE USA, INC. and T-MOBILE US,
`INC.,
`
`
`Defendants.
`
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`Case No. 2:21-cv-00024-JRG
`(CONSOLIDATED CASE)
`
`JURY TRIAL DEMANDED
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
`
`§
`Case No. 2:21-cv-00072-JRG
`§
`(LEAD CASE)
`§
`
`JURY TRIAL DEMANDED
`§
`§
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`DECLARATION OF VINCENT J. RUBINO, III IN SUPPORT OF
`PLAINTIFF AGIS SOFTWARE DEVELOPMENT LLC’S RESPONSE
`IN OPPOSITION TO DEFENDANT LYFT, INC.’S
`MOTION TO DISMISS FOR IMPROPER VENUE (DKT. 30)
`
`
`
`
`LYFT, INC.,
`
`
`v.
`
`Defendant.
`
`
`
`
`I, Vincent J. Rubino, hereby declare as follows:
`
`1.
`
`I have personal knowledge of the facts set forth in this declaration. I am competent
`
`to testify as to all matters stated, and I am not under any legal disability that would in any way
`
`preclude me from testifying.
`
`2.
`
`I am a Partner at the law firm of Fabricant LLP and counsel of record for Plaintiff
`
`AGIS Software Development LLC, in this matter.
`
`
`
`
`
`Case 2:21-cv-00072-JRG-RSP Document 67-1 Filed 05/27/21 Page 2 of 4 PageID #: 1619
`
`3.
`
`The exhibits attached to this declaration may contain annotations and/or excerpts
`
`of the originals.
`
`4.
`
`Attached hereto as Exhibit A is a true and correct copy of a Declaration of Malcolm
`
`K. Beyer, Jr. in Opposition to Defendant Lyft, Inc.’s Motion to Dismiss for Improper Venue, dated
`
`May 22, 2021.
`
`5.
`
`Attached hereto as Exhibit B is a true and correct copy of a brochure entitled What
`
`is Lyft?.
`
`6.
`
`Attached hereto as Exhibit C is a true and correct copy of Lyft, Inc.’s Form 10-K
`
`filed with the U.S. Securities and Exchange Commission for the fiscal year ended December 31,
`
`2020.
`
`7.
`
`Attached hereto as Exhibit D is a true and correct copy of a screen capture of Drive
`
`with Lyft – Cities, taken 5/11/2021 and available at: https://w.www.lyft.com/driver/cities.
`
`8.
`
`Attached hereto as Exhibit E is a true and correct copy of a screen capture of
`
`Express Drive
`
`overview
`
`–
`
`Lyft Help,
`
`taken
`
`5/11/2021
`
`and
`
`available
`
`https://help.lyft.com/hc/e/articles115013080108-Express-Drive-overview#cities.
`
`9.
`
`Attached hereto as Exhibit F is a true and correct copy of a screen capture of Texas
`
`Service
`
`Locations
`
`&
`
`Hours,
`
`taken
`
`5/13/2021
`
`and
`
`available
`
`at:
`
`https://www.lyft.com/hub/hours/texas.
`
`10.
`
`Attached hereto as Exhibit G is a true and correct copy of a screen capture of High
`
`Quality,
`
`Fairly-Priced Vehicle
`
`Services,
`
`taken
`
`5/11/2021
`
`and
`
`available
`
`at:
`
`http://www.lyft.com/driver/vehicle-service.
`
`2
`
`
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`Case 2:21-cv-00072-JRG-RSP Document 67-1 Filed 05/27/21 Page 3 of 4 PageID #: 1620
`
`11.
`
`Attached hereto as Exhibit H is a true and correct copy of a screen capture of Lyft
`
`Vehicle Services, taken 5/11/2021 and available at https://help.lyft.com/articles/36002418313-
`
`Lyft-Vehicle-Services#locations.
`
`12.
`
`Attached hereto as Exhibit I is a true and correct copy of a screen capture of Lyft
`
`Terms of Service, taken 5/13/2021 and available at: https://www.lyft.com/terms.
`
`13.
`
`Attached hereto as Exhibit J is a true and correct copy of a screen capture of Driver
`
`requirements,
`
`taken
`
`5/13/2021
`
`and
`
`available
`
`at:
`
`https://help.lyft.com/hc/en-
`
`us/articles/115012925687-Driver-requirements.
`
`14.
`
`Attached hereto as Exhibit K is a true and correct copy of a screen capture of Lyft
`
`at TYR airport, taken 5/24/2021 and available at: https://www.lyft.com/airports/tyr.
`
`15.
`
`Attached hereto as Exhibit L is a true and correct copy of a screen capture of
`
`Vehicle
`
`requirements,
`
`taken 5/13/2021
`
`and
`
`available
`
`at: https://help.lyft.com/en-
`
`us/articles/115013077448-Vehicle-requirements.
`
`16.
`
`Attached hereto as Exhibit M is a true and correct copy of a screen capture of Lyft
`
`Driver Addendum, taken 5/13/2021 and available at: https://www.lyft.com/terms/driver-
`
`addendum.
`
`17.
`
`Attached hereto as Exhibit N is a true and correct copy of a screen capture of Use
`
`of the Lyft Logo and Brand, taken 5/13/2021 and available at: https://help.lyft.com/hc/en-
`
`us/articles/115012926707-Use-of-the-Lyft-Logo-and-Brand.
`
`18.
`
`Attached hereto as Exhibit O is a true and correct copy of a screen capture of Texas
`
`Driver
`
`Information,
`
`taken
`
`5/24/2021
`
`and
`
`available
`
`at:
`
`https://help.lyft.comm/hc/e/articles/115013083628-Texas-Driver-Information.
`
`3
`
`
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`Case 2:21-cv-00072-JRG-RSP Document 67-1 Filed 05/27/21 Page 4 of 4 PageID #: 1621
`
`19.
`
`Attached hereto as Exhibit P is a true and correct copy of an article entitled
`
`“California judge rules Uber, Lyft drivers are employees,” Adam Bean, which appeared in The
`
`Washington Post on August 10, 2020.
`
`20.
`
`Attached hereto as Exhibit Q is a true and correct copy of a screen capture of Lyft
`
`Case Study, taken 5/13/2021, available at: https://aws.amazon.com/solutions/case-studies/lyft.
`
`21.
`
`Attached hereto as Exhibit R is a true and correct copy of a screen capture of Lyft
`
`Uses AWS Cost Management to Cut Costs by 40% in 6 Months, taken 5/24/2021 and available at:
`
`https://aws.amazon.com/solutions/case-studies/lyft-cost-management/.
`
`22.
`
`Attached hereto as Exhibit S is a true and correct copy of a screen capture of Lyft
`
`Careers,
`
`taken
`
`5/25/2021
`
`and
`
`available
`
`at
`
`https://www.lyft.com/careers#openings?location=austin%252C%2520tx.
`
`23.
`
`Attached hereto as Exhibit T is a true and correct copy of a screen capture of
`
`Contact McAlexander Sound, AGIS’ technical expert, available at: www.mcasi.com/contact-us.
`
`24.
`
`Attached hereto as Exhibit U is a true and correct copy of The Federal Judiciary
`
`Statistics for the period ending December 31, 2020, showing the WDTX’s median time from filing
`
`to trial is 20.0 months and compared to NDCA’s median time of 36.2 months.
`
`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed on May 25, 2021 in Livingston, New Jersey.
`
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`
`
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`
`
`
`/s/ Vincent J. Rubino, III
` Vincent J. Rubino, III
`
`
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`
`
`
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`4
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