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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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`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 SUR-REPLY
`IN FURTHER OPPOSITION TO DEFENDANT LYFT, INC.’S
`MOTION TO DISMISS FOR IMPROPER VENUE (DKT. 30)
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`Case No. 2:21-cv-00024-JRG
`(CONSOLIDATED CASE)
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`JURY TRIAL DEMANDED
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`Defendant.
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`LYFT, INC.,
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`Plaintiff,
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`v.
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`Defendant.
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`I, Vincent J. Rubino, III, hereby declare as follows:
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`1.
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`I have personal knowledge of the facts set forth in this declaration. I am competent
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`to testify as to all matters stated, and I am not under any legal disability that would in any way
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`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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`Case 2:21-cv-00072-JRG-RSP Document 90-1 Filed 06/22/21 Page 2 of 3 PageID #: 2531
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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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`4.
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`Attached hereto as Exhibit V is a true and correct copy of a screen capture of the
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`Denton County Transportation Authority webpage entitled Lewisville Access to Flower Mound
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`Lyft Program, taken June 18, 2021, and available at https.//www.dcta.net/Lewisville-access-lyft-
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`program.
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`5.
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`Attached hereto as Exhibit W is a true and correct copy of a screen capture of an
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`article dated January 16, 2018 by Leopold Knopp entitled “Denton County Transportation
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`Authority Partners with Lyft to Offer $2 Discount in Highland Village and North Lewisville,”
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`taken June 18, 2021, and available at https://www.lewisvilletexan.org/news/news/local-
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`news/denton-county-transportation-authority-partners-with-lyft-to-offer-2-discount-in-highland-
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`village-and-north-lewisville/.
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`6.
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`Attached hereto as Exhibit X is a true and correct copy of a White Paper from the
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`Texas A&M Transportation Institute entitled Existing Transportation Network Companies Used
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`as a Part of Basic Mobility: White Paper by Todd Hansen, Zachary Elgart, Kristi Miller, and Maarit
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`Moran, dated November 26, 2018.
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`7.
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`Attached hereto as Exhibit Y is a true and correct copy of a screen capture of the
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`Denton County Transportation Authority webpage entitled UNT/LYFT taken June 18, 2021, and
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`available at https://www.dcta.net/service-overview/additional-services/unt/lyft.
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`8.
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`Attached hereto as Exhibit Z is a true and correct copy of a screen capture of the
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`University of North Texas webpage “UNT Locations – University of North Texas,” taken June 21,
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`2021, and available at https://www.unt.edu/locations.
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`2
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`Case 2:21-cv-00072-JRG-RSP Document 90-1 Filed 06/22/21 Page 3 of 3 PageID #: 2532
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed on June 22, 2021 in Livingston NJ.
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`/s/ Vincent J. Rubino, III
` Vincent J. Rubino, III
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`3
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