Levitte v. Google Inc.

Filing 21

Notice of Pendency of Other Action case number 08-CV-4543 filed on 8/11/08 pending at the District Court of Illinois Eastern Division (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2)(Norton, Leo) (Filed on 9/30/2008) Modified on 10/1/2008 (cv, COURT STAFF).

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Levitte v. Google Inc. Doc. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY GODWARD KRONISH LLP ATTORNEYS AT LAW SAN DIEGO COOLEY GODWARD KRONISH LLP MICHAEL G. RHODES (116127) (rhodesmg@cooley.com) LEO P. NORTON (216282) (lnorton@cooley.com) 4401 Eastgate Mall San Diego, CA 92121 Telephone: (858) 550-6000 Facsimile: (858) 550-6420 COOLEY GODWARD KRONISH LLP PETER J. WILLSEY (pro hac vice application pending) (pwillsey@cooley.com) 777 6th Street, NW Washington, D.C. 20001 Telephone: (202) 842-7800 Facsimile: (202) 842-7899 Attorneys for Defendant GOOGLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION HAL K. LEVITTE, Individually and On Behalf of All Others Similarly Situated, Plaintiff, v. GOOGLE INC., a Delaware corporation, Defendant. Case No. 08-CV-03369 JW RS DEFENDANT GOOGLE INC.'S NOTICE OF PENDENCY OF OTHER ACTION (CIV. L.R. 3-13) Defendant Google Inc., by and through its undersigned counsel of record, hereby notifies the Court and all opposing parties pursuant to Civil Local Rule 3-13 that this action involves the same subject matter and the same parties as another action that is pending in another federal district court. The action is entitled JIT Packaging, Inc. v. Google, Inc., Case No. 08-CV-4543 (N.D. Ill.) (filed August 11, 2008) ("JIT Packaging Action"). A true and correct copy of the complaint in that action is attached hereto as Exhibit A. 1. DEFENDANT GOOGLE INC.'S NOTICE OF PENDENCY OF OTHER ACTION 0 8 - CV - 0 3 3 6 9 J W RS Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY GODWARD KRONISH LLP ATTORNEYS AT LAW SAN DIEGO The JIT Packaging Action is related to this action because it is nearly identical, alleges contract and statutory claims against Google arising out of Google's AdWords advertising program, is premised on allegations regarding parked domains and error web pages, is also styled as a class action, and asserts an overlapping putative class of Google AdWords customers. Google is in the process of seeking to have that action dismissed or alternatively transferred (FED. R. CIV. P. 12(b)(3); 28 U.S.C. 1404(a)) to this district based on a forum selection clause in the Google Inc. Advertising Program Terms that mandates that the action be filed in Santa Clara County, California. If Google's efforts are not successful, Google will seek to have the action transferred to this district under 28 U.S.C. 1407 (MDL procedure). Until the JIT Packaging action is re-filed or transferred here, to avoid conflicts, conserve resources, and promote an efficient determination of the action, Google respectfully requests that this action (and the related actions pending in this district) be stayed. Dated: September 30, 2008 COOLEY GODWARD KRONISH LLP MICHAEL G. RHODES (116127) PETER J. WILLSEY (pro hac vice appl. pending) LEO P. NORTON (216282) /s/Leo P. Norton Leo P. Norton Attorneys for Defendant GOOGLE INC. Email: lnorton@cooley.com 604688 /SD 2. DEFENDANT GOOGLE INC.'S NOTICE OF PENDENCY OF OTHER ACTION 0 8 - CV - 0 3 3 6 9 J W RS