Levitte v. Google Inc.

Filing 80

Declaration of Willem F. Jonckheer in Support of 79 MOTION Unopposed Motion for Administrative Relief for Entry of Stipulated Modified Case Management Schedule Declaration of Willem F. Jonckheer in Support of Unopposed Motion for Administrative Relief for Entry of Stipulated Modified Case Management Schedule filed byHal K. Levitte. (Related document(s) 79 ) (Jonckheer, Willem) (Filed on 3/9/2010)

1 2 3 4 5 6 7 8 9 S C H U B E R T JONCKHEER & KOLBE LLP 10 Three Embarcadero Center, Suite 1650 San Francisco, CA 94111 (415) 788-4220 ROBERT C. SCHUBERT S.B.N. 62684 WILLEM F. JONCKHEER S.B.N. 178748 SCHUBERT JONCKHEER & KOLBE LLP Three Embarcadero Center, Suite 1650 San Francisco, CA 94111 Telephone: (415) 788-4220 Facsimile: (415) 788-0161 Email: rschubert@schubertlawfirm.com Email: wjonckheer@schubertlawfirm.com Lead Counsel for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This Document Relates to: All Actions IN RE GOOGLE ADWORDS LITIGATION Case No. 08-3369 JW DECLARATION OF WILLEM F. JONCKHEER IN SUPPORT OF UNOPPOSED MOTION FOR ADMINISTRATIVE RELIEF FOR ENTRY OF STIPULATED MODIFIED CASE MANAGEMENT SCHEDULE [LR 7-11, 16-2(d)] 1 2 3 4 5 6 7 8 9 S C H U B E R T JONCKHEER & KOLBE LLP 10 Three Embarcadero Center, Suite 1650 San Francisco, CA 94111 (415) 788-4220 I, Willem F. Jonckheer, declare as follows: 1. I am one of the counsel for plaintiffs in this matter. I make this declaration of my personal knowledge, and, if called and sworn as a witness, I would and could testify competently hereto. 2. This is a class action under Federal Rule 23 against defendant Google, Inc. ("Google") for violation of California Business & Professions Code Sections 17200 and 17500 in connection with Google's AdWords program for Internet advertisers. Plaintiffs allege that Google has harmed plaintiffs and the class by improperly charging them for clicks from advertising placed on certain kinds of websites. 3. By orders dated February 25, 2009 the Court consolidated four related class actions 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 under the foregoing caption, appointed interim lead counsel, and bifurcated class and merits discovery in this action. On April 24, 2009, plaintiffs filed the Consolidated Class Action Complaint. On May 18, 2009, Google filed its answer to the Consolidated Class Action Complaint. 4. Discovery commenced promptly thereafter. On May 27, 2009, plaintiffs served document requests on Google, and on July 13, 2009, Google served document requests and interrogatories on plaintiffs. The parties exchanged initial disclosures on June 11, 2009. Plaintiffs served responses and objections to Google's document requests and interrogatories on September 18, 2009, and Google served responses and objections to plaintiffs' document requests on July 13, 2009. In connection with the foregoing discovery, the parties negotiated (1) a document production protocol governing the format of the parties' document production; (2) a Stipulated Protective Order, entered by the Court on August 31, 2009, and (3) a Stipulated Expert Witness Discovery Order, filed with the Court on August 31, 2009, but not yet entered by the Court. 5. In response to plaintiffs' initial document requests, Google commenced a rolling production of documents in early November 2009, with additional productions occurring in December 2009, January 2010, and March 2010, amounting to over 350,000 images to date. Plaintiffs are advised that Google expects that its document production in response to plaintiffs' initial document requests will be completed by March 31, 2010. Plaintiffs made a document production of their own in December 2010. 1 1 2 3 4 5 6 7 8 9 S C H U B E R T JONCKHEER & KOLBE LLP 10 Three Embarcadero Center, Suite 1650 San Francisco, CA 94111 (415) 788-4220 6. In addition to the foregoing discovery practice, the parties also stipulated to the addition of new plaintiffs, first adding plaintiff Bolaji Olabode ("Olabode") to the consolidated action by stipulation and order dated October 2, 2009, later dropping Olabode after he died and adding plaintiffs West Coast Cameras, Inc. and Richard Oesterling. In connection with the foregoing, by order of the Court dated February 17, 2010, plaintiffs filed an amended complaint on February 22, 2010, and Google filed an amended answer on March 4, 2010. On January 16, 2010, the Court also entered the parties' stipulated order extending the presumptive deadline for private mediation to 90 days following the Court's ruling on class certification. 7. Given the scope of discovery and Google's rolling production of documents through March 2010, and the need to perform additional discovery by the parties, including expert discovery and depositions based on Google's yet-to-be completed document production, plaintiffs proposed, and Google agreed, to modify the case management schedule, subject to approval of the Court. 8. The parties stipulated to a continuance of 2 months for the hearing on class 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 certification, including corresponding extensions for (1) completion of class discovery; and (2) filing dates for all briefing related to class certification. The parties also agreed to an orderly schedule for expert discovery which did not previously exist, including specific dates for exchange of opening and rebuttal reports, and expert depositions. 9. A copy of the parties' Stipulation and [Proposed] Order Modifying Case Management Schedule, filed with the Court on February 22, 2010 (Docket #75), is attached hereto as Exhibit A. The parties have met and conferred regarding this motion, and Google does not oppose this motion and respectfully requests that the Court enter the requested stipulation. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Dated: March 9, 2010 ____________/s/____________________ Willem F. Jonckheer 2 EXHIBIT A Case5:08-cv-03369-JW Document75 Filed02/22/10 Page1 of 5 1 2 3 4 5 6 7 S C H U B E R T JONCKHEER KOLBE & KRALOWEC LLP 8 9 10 Three Embarcadero Center, Suite 1650 San Francisco, CA 94111 (415) 788-4220 ROBERT C. SCHUBERT S.B.N. 62684 WILLEM F. JONCKHEER S.B.N. 178748 KIMBERLY A. KRALOWEC S.B.N. 163158 SCHUBERT JONCKHEER KOLBE & KRALOWEC LLP Three Embarcadero Center, Suite 1650 San Francisco, CA 94111 Telephone: (415) 788-4220 Facsimile: (415) 788-0161 Lead Counsel for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This Document Relates to: All Actions STIPULATION AND [PROPOSED] ORDER MODIFYING CASE MANAGEMENT SCHEDULE IN RE GOOGLE ADWORDS LITIGATION Case No. 08-3369 JW 1. Case5:08-cv-03369-JW Document75 Filed02/22/10 Page2 of 5 1 2 3 4 5 6 7 S C H U B E R T JONCKHEER KOLBE & KRALOWEC LLP 8 9 10 Three Embarcadero Center, Suite 1650 San Francisco, CA 94111 (415) 788-4220 WHEREAS, by orders dated February 25, 2009 the Court consolidated four related class actions under the foregoing caption, appointed interim lead counsel, and bifurcated class and merits discovery in this action; WHEREAS, on April 24, 2009, plaintiffs filed the Consolidated Class Action Complaint; WHEREAS, on May 18, 2009, defendant Google Inc. ("Google") filed its answer to the Consolidated Class Action Complaint; WHEREAS, on May 27, 2009, plaintiffs served document requests on Google, and on July 13, 2009, Google served document requests and interrogatories on plaintiffs; WHEREAS, the parties exchanged initial disclosures on June 11, 2009; WHEREAS, plaintiffs served responses and objections to Google's document requests and interrogatories on September 18, 2009, and Google served responses and objections to plaintiffs' document requests on July 13, 2009; WHEREAS, in connection with the foregoing discovery, the parties negotiated (1) a document production protocol governing the parties' document production; (2) a Stipulated Protective Order, entered by the Court on August 31, 2009, and (3) a Stipulated Expert Witness Discovery Order, filed with the Court on August 31, 2009, but not yet entered by the Court; WHEREAS, in response to plaintiffs' initial document requests, Google commenced a rolling production of documents in early November 2009, with additional productions occurring in December 2009 and January 2010, amounting to over 306,000 pages to date; WHEREAS, on or about January 14, 2010, counsel for Google advised plaintiffs that additional production of documents will occur; WHEREAS, plaintiffs are advised that Google expects that its document production in response to plaintiffs' initial document requests will be completed by March 31, 2010; WHEREAS, following a case management conference on September 15, 2009, the Court issued an order setting the following schedule: (1) May 24, 2010: class certification discovery cutoff, including expert discovery; (2) July 9, 2010: deadline for filing plaintiffs' motion for class certification; (3) August 27, 2010: completion of all briefing on plaintiffs' motion for class certification; and (4) September 20, 2010: hearing on plaintiffs' motion for class certification. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Case5:08-cv-03369-JW Document75 Filed02/22/10 Page3 of 5 1 2 3 4 5 6 7 S C H U B E R T JONCKHEER KOLBE & KRALOWEC LLP 8 9 10 Three Embarcadero Center, Suite 1650 San Francisco, CA 94111 (415) 788-4220 WHEREAS, given the scope of discovery and Google's continued rolling production of documents, and the need to perform any additional discovery by the parties, including contemplated expert discovery and depositions, plaintiffs proposed, and defendant Google has agreed, to modify the case management schedule, subject to approval by the Court; THEREFORE, the parties hereby stipulate, and request the Court to order, as follows: 1. 6, 2010. 2. 3. 4. 5. 6. Expert reports shall be exchanged on August 20, 2010. Expert rebuttal reports shall be exchanged on September 10, 2010. Expert depositions shall occur between September 17, 2010 and October 4, 2010. The class certification discovery cut-off shall be October 4, 2010. The opening brief in support of a motion for class certification shall be filed on The hearing date for a motion for class certification shall be continued to December 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2010. October 11, 2010. 7. 8, 2010. 8. The reply brief on a motion for class certification shall be filed on November 22, The opposition brief to a motion for class certification shall be filed on November Dated: February 22, 2010 SCHUBERT JONCKHEER KOLBE & KRALOWEC LLP ROBERT C. SCHUBERT S.B.N. 62684 WILLEM F. JONCKHEER S.B.N. 178748 KIMBERLY A. KRALOWEC S.B.N. 163158 By: /s/Willem F. Jonckheer Willem F. Jonckheer Lead Counsel for Plaintiffs 3. Case5:08-cv-03369-JW Document75 Filed02/22/10 Page4 of 5 1 2 3 4 5 6 7 S C H U B E R T JONCKHEER KOLBE & KRALOWEC LLP 8 9 10 Three Embarcadero Center, Suite 1650 San Francisco, CA 94111 (415) 788-4220 Dated: February 22, 2010 COOLEY GODWARD KRONISH LLP By: /s/Leo P. Norton Leo P. Norton Attorneys for Defendant GOOGLE, INC. ATTESTATION OF FILER I, Willem F. Jonckheer, hereby attest that concurrence in the filing of the document has been obtained from each of the other signatories. Dated: February 22, 2010 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SCHUBERT JONCKHEER KOLBE & KRALOWEC LLP By: /s/Willem F. Jonckheer Willem F. Jonckheer Attorneys for Plaintiffs 4. Case5:08-cv-03369-JW Document75 Filed02/22/10 Page5 of 5 1 2 3 4 5 6 7 S C H U B E R T JONCKHEER KOLBE & KRALOWEC LLP 8 9 10 Three Embarcadero Center, Suite 1650 San Francisco, CA 94111 (415) 788-4220 ORDER Good cause appearing, pursuant to the stipulation of the parties: 1. 6 8, 2010. 2. 3. 4. 5. 6. Expert reports shall be exchanged on August 20, 2010. Expert rebuttal reports shall be exchanged on September 10, 2010. Expert depositions shall occur between September 17, 2010 and October 4, 2010. The class certification discovery cut-off shall be October 4, 2010. The opening brief in support of a motion for class certification shall be filed on The hearing date for a motion for class certification shall be continued to December October 11, 2010. 7. 8, 2010. 8. The reply brief in support of a motion for class certification shall be filed on The opposition brief to a motion for class certification shall be filed on November 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 November 22, 2010. ______________________________________ Hon. James Ware 5.