Cobb v. Google, Inc. et al

Filing 41

MOTION for Protective Order with Brief In Support by Google, Inc.. (Schroeder, Eric)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION JONATHAN COBB, Plaintiff, v. GOOGLE INC. and WORKFORCE LOGIC LLC, Defendants. GOOGLE INC.'S MOTION FOR PROTECTIVE ORDER COMES NOW Defendant Google Inc. ("Google") and, pursuant to Fed. R. Civ. P. 26(c), hereby respectfully moves for the entry of a protective order regarding further discovery in this matter. This action concerns Plaintiff's allegation that Google misappropriated his alleged idea for the program Google "Sky." Google respectfully submits discovery should be narrowed at this time to the elements of Plaintiff's misappropriation claim, as that claim is dispositive of the entire Amended Complaint. Google therefore moves for an order directing that: Case No. 1:08-CV-0483 (MHS) 1. Further discovery be stayed until Plaintiff has been deposed and he has described with "reasonable particularity" those ideas and concepts he contends Google has misappropriated; and 2. That discovery in this case thereafter be conducted in two phases: a. A first phase limited to the issues of: 1) 2) the scope, content and distribution of Cobb's idea; when Google first conceived and began development of Google Sky; and 3) whether Cobb's e-mails and were postings discussed to or googlesky@googlegroups.com considered by the Google team which created Sky. b. At the end of this phase, Google can move for summary judgment. If summary judgment is denied, a second phase of relevant discovery can be conducted. As further explained in Google's supporting memorandum of law, submitted herewith, this narrowing of discovery to the dispositive issues raised by the Amended Complaint will promote judicial efficiency, save the parties unnecessary effort and expense, and prevent the needless disclosure of confidential information regarding Google's development and implementation of its Sky program. 2 If the Court is amenable to this proposal, Google will work with Plaintiff to prepare an appropriate proposed amended Scheduling Order. Respectfully submitted, this 7th day of October, 2008. /s/ Eric P. Schroeder Eric P. Schroeder (Georgia Bar No. 629880) R. Joseph Burby, IV (Georgia Bar No. 094503) John C. Bush (Georgia Bar No. 413159) POWELL GOLDSTEIN LLP One Atlantic Center Fourteenth Floor Atlanta, Georgia 30309 (404) 572-6600 (404) 572-6999 eschroeder@pogolaw.com Attorneys for Defendant Google Inc. 3 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION JONATHAN COBB, Plaintiff, v. GOOGLE INC. and WORKFORCELOGIC USA, Defendants. LR 7.1(D) CERTIFICATE OF FONT COMPLIANCE I hereby certify that the foregoing has been prepared with one of the font and point selections approved by the Court in Rule 5.1(C) of the Civil Local Rules of Practice for the United States District Court for the Northern District of Georgia, specifically Times New Roman 14 pt. Case No. 1:08-CV-0483 (MHS) /s/ Eric P. Schroeder Eric P. Schroeder 5235077_1.DOC 4 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION JONATHAN COBB, Plaintiff, v. GOOGLE INC. and WORKFORCE LOGIC LLC, Defendants. CERTIFICATE OF SERVICE I hereby certify that on Tuesday, October 7, 2008, a copy of Defendant Google Inc.'s Motion for Protective Order was electronically filed with the Clerk of Court using the CM/ECF system, which will automatically send notification of such filing to the following attorneys of record: Michael Alan Dailey ANDERSON DAILEY LLP 2002 Summit Boulevard Suite 1250 Atlanta, Georgia 30319 404-442-1800 404-442-1820 (facsimile) mdailey@andersondailey.com Case No. 1:08-CV-0483 (MHS) 5 Gary Hill HILL AND BLEIBERG 47 Perimeter Center Atlanta, Georgia 30346 770-394-7800 ghill@hillandbleiberg.com Joan Dillon JOAN DILLON LAW LLC 3522 Ashford Dunwoody Road PMB 235 Atlanta, Georgia 30319 404-257-1708 joan@joandillonlaw.com Charlotte K. McClusky John C. Fish LITTLER MENDELSON, P.C. 3348 Peachtree Road, N.E. Suite 1100 Atlanta, Georgia 30326-1008 404-233-0330 404-233-2361 (facsimile) /s/ Eric P. Schroeder Eric P. Schroeder 6