|
|
|
||||
|
||||||
|
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
FORD MOTOR COMPANY, et al., Plaintiffsv. Case No. 00-71544 Hon. Gerald E. RosenGREAT DOMAINS.COM, INC., et al., United States District Judge Defendants____________________________________/
DECLARATION OF ROBERT EMMERT IN SUPPORT OF MOTION TO DISMISS
I, Robert Emmert, of Santa Cruz, California, declare under 28 U.S.C. § 1746, that the following testimony is true and correct: 1. My full name is Robert __ Emmert. I reside at _______. I am over 18 years of age and competent to make this affidavit. 2. I have first-hand and personal knowledge of the matters stated in this Declaration, except where statements are specifically identified as based upon information and belief, and as to those statements, I am so informed after reasonable investigation and believe them to be true. If called upon to testify to the statements in this Declaration, I could and would competently do so under oath. 3. I own the Internet Domain Name < volvoguy.com >. This Domain Name was registered for me by a client who developed a World Wide Web site for me, using that Internet address, in 1998. The Website, which has been available on the Web since approximately 1998, is a passive Website. The Website does not enable visitors to buy or sell any goods or services or to engage in any commercial transactions over the Internet. The Website contains general information about my business -- an automotive repair shop in Santa Cruz, California, known as Specialized Auto. Our specialty is repairing Volvo automobiles. 4. I have repaired Volvos professionally since 1981. Because of my skills, I am known informally around my community of Santa Cruz, California as “the Volvoguy.” I have been introduced by others in my community – including many of my clients and customers - as “the Volvoguy” for over 15 years, including instances at my church, at community events, at the grocery store and, recently, by a 3 year old girl at a church concert. 5. Because of my reputation as a Volvo repair specialist, and because the full name of my business -- Specialized Auto -- had already been registered as a “.com” Internet Domain Name by another person, I chose the Domain Name < volvoguy.com >. I have also registered “specializedauto.net” within the “.net” namespace. I have not actively advertised the Website through such means as voluntarily submitting the Domain Name and/or URL to search engines or taking out banner advertisements. The Website exists so that members of my community can learn more about our Volvo repair services in the Santa Cruz area. As noted above, the site provides no interactivity for users, but only passively conveys information about our services. 6. I have never visited the state of Michigan. I have never been physically present anywhere in or near the state of Michigan. 7. I have not transacted any business within the State of Michigan. 8. I have never done any tortuous act within the State of Michigan, or caused any tortuous act to be done, or consequences to occur within the State of Michigan. 9. I have never owned, used or possessed any real or tangible personal property situated within the State of Michigan. 10. I have never contracted to insure any person, property, or risk located within the State of Michigan at the time of contracting or at any other time. 11. I have never sold any products or services to anyone within the State of Michigan. I have never entered into any contract for services to be rendered or for any materials to be furnished within the State of Michigan, by me or by anyone else. I have never derived any revenue from any goods used or services rendered within the State of Michigan. 12. The parts I use to repair Volvos are purchased by me from local Volvo dealers. They are not purchased from any Michigan suppliers; to the best of my information and belief, the Volvo parts we use are manufactured in Sweden and other locations, not in Michigan. 13. I have never acted as a director, manager, trustee, or other officer of any corporation incorporated under the laws of, or having its principal place of business within, the State of Michigan. 14. I have never maintained a domicile in the State of Michigan – while subject to a marital or family relationship which is the basis of any claim for divorce, alimony, separate maintenance, property settlement, child support, or child custody -- or otherwise. 15. I have no knowledge or reason to believe that any Michigan resident has ever even seen my Website. I have never received any communication or other inquiry from any Michigan resident about the Website, other than lawsuit papers and related materials by Ford Motor Company. I have no reason to believe that any Michigan resident has ever hired me to fix a Volvo or to supply any goods or services on account of the Website. 16. The Website is published exclusively on a “server” computer physically located in California. All activities related to the design and publication of the Website were contracted for and performed exclusively in California. 17. I have never been registered with the State government of Michigan to transact business in Michigan, to employ Michigan residents, or to collect or pay Michigan taxes. I have never had (and do not now have) any offices, real estate, bank accounts, or personal property in the State of Michigan. I have never had any sales representatives, sales agents, employees, or agents in Michigan. 18. I do not have, and have never had, any postal address, offices, residences, telephone listing, or telephone numbers in Michigan. 19. I have never engaged in any continuous and/or systematic pattern of activity, commercial or otherwise, involving or directed toward the State of Michigan at any time. I have never engaged in any other persistent course of activity directed at Michigan and I have never purposefully availed myself of the State of Michigan, or of the benefits and protections of its laws, at any time whatsoever. I declare under penalty of perjury under the laws of the United States of America, including 28
U.S.C. § 1746, that the foregoing is true and correct.
Date:__________________________ ______________________________________ Robert Emmert Ford Motor Company v. Great Domains.com, et. al. Case No. 00-71544
|
|
|
|
||
|
|
||||||
|
|
Please send any questions or comments to webmaster@eff.org. |
|||||