Case 3:16-cv-00743-SB

Document 34

Filed 06/21/16

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Per A. Ramfjord, OSB No. 934024

per.ramford@stoel.com
Kennon Scott, OSB No. 144280
kennon.scott@stoel.com
STOEL RIVES LLP
760 SW Ninth Avenue, Suite 3000
Portland, OR 97205
Telephone: (503) 224-3380
Facsimile: (503) 220-2480
Attorneys for Plaintiff Nike, Inc.

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON
PORTLAND DIVISION

NIKE USA, INC., an Oregon corporation,

Case No. 3:16-cv-00743-SB

Plaintiff,
DECLARATION OF
KENNON SCOTT

v.
BORIS BERIAN, an individual California
resident,
Defendant.

I, Kennon Scott, hereby declare as follows:

1.

I am an attorney in the firm of Stoel Rives LLP, and am counsel for Plaintiff Nike

USA, Inc. (Nike) in the above referenced manner. I submit this declaration in support of
Nikes Motion for Preliminary Injunction. The information herein is based on my personal
knowledge unless otherwise noted.

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- DECLARATION OF KENNON SCOTT

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2.

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Attached hereto as Exhibit 1 is a true and correct copy the excerpted transcript of

the June 19, 2016 deposition of Defendant Boris Berian. The cited sections have been
highlighted.
3.

Attached hereto as Exhibit 2 is a true and correct copy of the excerpted transcript

of the June 19, 2016 deposition of Merhawi Keflezighi, Defendants agent. The cited sections
have been highlighted.
4.

Attached hereto as Exhibit 3 is a true and correct copy of Deposition Exhibit 3, a

December 11, 2015 email chain between Defendant, Mr. Keflezighi, forwarded to me on June
16, 2016 in response to Nikes requests for production.
5.

Attached hereto as Exhibit 4 is a true and correct copy of Deposition Exhibit 6, a

January 12, 2016 email chain between Mr. Keflezighi and John Evans of New Balance Athletics,
Inc. (New Balance), forwarded to me on June 16, 2016 in response to Nikes requests for
production.
6.

Attached hereto as Exhibit 5 is a true and correct copy of Deposition Exhibit 9, a

January 20, 2016 email chain between Mr. Keflezighi and Mr. Evans, forwarded to me on June
16, 2016 in response to Nikes requests for production.
7.

Attached hereto as Exhibit 6 is a true and correct copy of Deposition Exhibit 10, a

January 19, 2016 email from Mr. Keflezighi to Ben Cesar and John Capriotti of Nike. This
document was produced by Nike in this litigation and bears bates numbers NIKE0000075-78.
8.

Attached hereto as Exhibit 7 is a true and correct copy of Deposition Exhibit 11, a

January 20, 2016 email chain between Mr. Keflezighi, Mr. Cesar, Mr. Capriotti and others. This
document was produced by Nike in this litigation and bears bates numbers NIKE0000066-70.

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9.

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Attached hereto as Exhibit 8 is a true and correct copy of Deposition Exhibit 13, a

January 22, 2016 email from Mr. Cesar to Mr. Keflezighi and others. This document was
produced by Nike in this litigation and bears bates numbers NIKE0000058-65.
10.

Attached hereto as Exhibit 9 is a true and correct copy of Deposition Exhibit 27, a

compilation of text messages between Mr. Keflezighi and Mr. Evans. These text messages were
exchanged between January 14, 2016 and March 22, 2016 and were produced by Defendant in
this litigation.
11.

Attached hereto as Exhibit 10 is a true and correct copy of Deposition Exhibit 4, a

compilation of text messages between Defendant and Mr. Keflezighi. These text messages were
exchanged between October 20, 2015 and March 20, 2016 and were produced by Defendant in
this litigation.
12.

Attached hereto as Exhibit 11 is a true and correct copy of Deposition Exhibit 20,

a February 15, 2016 email chain between Mr. Keflezighi and Mr. Cesar. This document was
produced by Nike in this litigation and bears bates number NIKE0000045.
13.

To the best of my knowledge, Stoel Rives never received any written or oral

communications from Defendant or Mr. Keflezighi suggesting that Nike had failed to match the
offer New Balance made to Defendant. The first such communication came from Defendants
lawyer, Vincent C. Ewing on or around April 22, 2016.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on June 21, 2016.

s/ Kennon Scott
KENNON SCOTT, OSB No. 144280

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- DECLARATION OF KENNON SCOTT

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