McKellar

I. BACKGROUND

23 Mithril Capital is a venture capital firm that manages two venture capital funds. FAC 24 (dkt. 40) ¶ 20. Royan is Mithril Capital’s owner and Managing General Partner. Id. ¶¶ 16, 20. 25 26 Mithril objects to McKellar’s reliance on her First Amended Complaint as evidence for her 27 motion for a preliminary injunction. See Objection to Reply Evidence (dkt. 53). Because the Mithril Feeder exists to distribute to certain employees of Mithril Capital carried interest generated by Mithril’s venture capital funds. Id. ¶ 31. Mithril Feeder is a Delaware limited liability company. Id. ¶ 16. In happier times, McKellar was General Counsel and a Managing Director of Mithril Capital, a member of Mithril Feeder entitled to awards of carried interest, and long-time friend of Royan’s. Id. ¶¶ 21, 23, 31. She was well-qualified for these roles. McKellar is a Harvard Law School graduate, member of the California Bar, and has worked for Judge Marilyn L. Huff, Davis Polk & Wardwell LLP, and Morrison & Foerster LLP. Shipley Decl. Ex. A (dkt. 23-2) & Ex. B (dkt. 23-3). As a member of Mithril Feeder, McKellar agreed to…