`
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`Plaintiff,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`TOUCHSTREAM TECHNOLOGIES,
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`INC.
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`Civil Action No. 6:21-cv-569-ADA
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`JURY TRIAL DEMANDED
`
`
`v.
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`
`GOOGLE LLC
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`
`Defendant.
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`DECLARATION OF JORDAN T. BERGSTEN IN SUPPORT OF
`TOUCHSTREAM’S SUR-REPLY TO GOOGLE’S MOTION TO DISMISS
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`I, Jordan T. Bergsten, hereby declare as follows:
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`1.
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`I am a Partner at the law firm of Shook, Hardy, & Bacon L.L.P., attorneys for
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`Plaintiff, Touchstream Technologies, Inc. (“Touchstream”). I am a member of the Missouri state
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`bar and I am admitted pro hac vice in the above-captioned matter.
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`2.
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`Attached as Exhibit A to this declaration and filed under seal, is a true and correct
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`excerpted copy of the April 1, 2022 deposition transcript of Herb Mitschele.
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`3.
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`Attached as Exhibits B-F to this declaration are the results of the searches described
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`below on Google Maps to determine the distances between the federal courthouse for the Waco
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`Division of the Western District of Texas, located in Waco, Texas; the federal courthouse for the
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`Austin Division of the Western District of Texas, located in Austin, Texas; Dallas, Texas; and
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`Houston, Texas.
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`4.
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`Attached as Exhibit B to this declaration is a printout from Google Maps showing
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`that the straight-line distance and drive time between the federal courthouse for the Waco Division
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`of the Western District of Texas, located at 800 Franklin Ave, Waco, TX 76701, and the federal
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`courthouse for the Austin Division of the Western Division of Texas, located at 501 West 5th St,
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`-1-
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`Case 6:21-cv-00569-ADA Document 52-2 Filed 05/04/22 Page 2 of 3
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`Austin, TX 78701, are approximately 96 miles and 1 hour, 37 minutes, respectively.
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`5.
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`Attached as Exhibit C to this declaration is a printout from Google Maps showing
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`that the straight-line distance and drive time between the federal courthouse for the Waco Division
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`of the Western District of Texas, located at 800 Franklin Ave, Waco, TX 76701, and Dallas, Texas,
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`are approximately 88 miles and 1 hour, 28 minutes, respectively.
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`6.
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`Attached as Exhibit D to this declaration is a printout from Google Maps showing
`
`that the straight-line distance and drive time between the federal courthouse for the Austin Division
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`of the Western District of Texas, located at 501 West 5th St, Austin, TX 78701, and Dallas, Texas,
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`are approximately 183 miles and 3 hours, 2 minutes, respectively.
`
`7.
`
`Attached as Exhibit E to this declaration is a printout from Google Maps showing
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`that the drive time from the federal courthouse for the Waco Division of the Western District of
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`Texas, located at 800 Franklin Ave, Waco, TX 76701, to Houston, Texas, is approximately 2 hours,
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`55 minutes.
`
`8.
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`Attached as Exhibit F to this declaration to this declaration is a printout from
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`Google Maps showing that the drive time from the federal courthouse for the for the Austin
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`Division of the Western District of Texas, located at 501 West 5th St, Austin, TX 78701, to
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`Houston, Texas, is approximately 2 hours, 44 minutes.
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`-2-
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`
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`Case 6:21-cv-00569-ADA Document 52-2 Filed 05/04/22 Page 3 of 3
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`I state under penalty of perjury that the foregoing is true and correct to the best of my
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`knowledge, information, and belief.
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`
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`Executed on May 4, 2022 in Kansas City, Missouri.
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`By: /s/ Jordan T. Bergsten
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`-3-
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