DECLARATION OF KATHLEEN BURCH
06-cv-01726-LTB-CBS
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
LEWIS T. BABCOCK, CHIEF JUDGE
Civil Action No.: 06-cv-01726-LTB-CBS
INTERNET ARCHIVE, a California 501(c)(3) non-profit organization,
Plaintiff and Counterclaim Defendant,
v.
SUZANNE SHELL, a Colorado resident,
Defendant and Counterclaimant.
v.
BREWSTER KAHLE, an individual,
RICK PRELINGER, an individual,
and
KATHLEEN BURCH, an individual
Counterclaim Defendants
DECLARATION OF KATHLEEN BURCH IN SUPPORT OF
THE INDIVIDUAL DEFENDANTS’ MOTION TO DISMISS
I, Kathleen Burch, declare as follows:
1.
I am on the Board of Directors of the Internet Archive. I am a resident of the state
of California. I have personal knowledge of the facts set forth in this Declaration and can
competently testify to those facts.
2.
I have never owned or been affiliated with a company incorporated, or registered
to do business in Colorado.
3.
I do not own offices, warehouse facilities or property of any kind in Colorado.
4.
I do not pay taxes in Colorado.
5.
I do not have a bank account in Colorado.
6.
I do not have a telephone listing or mailing address in Colorado.
7.
I sell books through Amazon.com, but I am unaware of any sales in Colorado
specifically.
Case 1:06-cv-01726-LTB-CBS Document 52 Filed 03/12/2007 Page 1 of 2
Internet Archive v. Shell
Doc. 52
Dockets.Justia.com
DECLARATION OF KATHLEEN BURCH
06-cv-01726-LTB-CBS
8.
I do not make sales through distributors or franchisees in Colorado.
9.
I do not have agents or employees in Colorado.
10.
I have not made any efforts, including but not limited to advertising, to serve the
Colorado market.
11.
I have not maintained any contracts with Colorado residents.
12.
I do not have any sales contacts with Colorado residents.
13.
I have never filed a lawsuit in Colorado.
14.
I have not conducted meetings or other activities in Colorado or with Colorado
residents.
15.
I have never resided