Perfect 10 Inc v. Google Inc et al

Filing 315

DECLARATION of Jeffrey N. Mausner in support of MOTION for Leave to file Second Amended Complaint #297 filed by Plaintiff Perfect 10 Inc. (Attachments: #1 Exhibit 30, #2 Exhibit 31)(Mausner, Jeffrey)

Perfect 10 Inc v. Google Inc et al

Doc. 315

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JEFFREY N. MAUSNER (State Bar No. 122385) DAVID N. SCHULTZ (State Bar No. 123094) Law Offices of Jeffrey N. Mausner Warner Center Towers, Suite 910 21800 Oxnard Street Woodland Hills, California 91367-3640 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Perfect 10, Inc.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA PERFECT 10, INC., a California corporation, Plaintiff, v. GOOGLE INC., a corporation; and DOES 1 through 100, inclusive, Defendants. ______________________________ AND CONSOLIDATED CASE Master Case No.: 04-9484 AHM (SHx) REPLY DECLARATION OF JEFFREY N. MAUSNER IN SUPPORT OF PERFECT 10'S MOTION FOR ORDER GRANTING LEAVE TO FILE SECOND AMENDED COMPLAINT [REPLY BRIEF IN SUPPORT OF MOTION FOR ORDER GRANTING LEAVE TO FILE SECOND AMENDED COMPLAINT; REPLY DECLARATION OF DR. NORMAN ZADA IN SUPPORT THEREOF; AND DECLARATION OF IRINA VORONINA, SUBMITTED CONCURRENTLY HEREWITH] Date: July 14, 2008 Time: 10:00 a.m. Place: Courtroom 14, Courtroom of the Honorable A. Howard Matz Discovery Cut-Off Date: None Set Pretrial Conference Date: None Set Trial Date: None Set

Reply Declaration of Jeffrey N. Mausner in Support of Motion of Plaintiff Perfect 10, Inc. for Order Granting Leave to File Second Amended Complaint
Dockets.Justia.com

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I, Jeffrey N. Mausner, declare as follows: 1. I am a member of the State Bar of California and admitted to practice before this Court. I am counsel of record for Plaintiff Perfect 10, Inc. ("Perfect 10") in this action. All of the matters stated herein are of my own personal knowledge, except where otherwise stated, and if called as a witness, I could and would testify competently thereto. I make this declaration in support of Perfect 10's Reply Brief for its motion for leave to file a Second Amended Complaint. 2. At the time Perfect 10 briefed and argued its motion for preliminary injunction in late 2005, I did not know that Google was storing full-size Perfect 10 images on Google servers in connection with its blogger program. To the best of my recollection, I found out that there were a few full-size Perfect 10 images on blogger.com sometime after Perfect 10 submitted its opening brief at the Ninth Circuit in May 2006. I did not become aware that Google was storing thousands of full-size Perfect 10 images on its servers until late 2007. That is when I became aware that Google had misrepresented and concealed this information. 3. Attached hereto as Exhibit 30 is a true and correct copy of a portion of Perfect 10's Corrected First Set of Requests For Admissions to Google, which contains the definition of "GOOGLE." 4. During the conference of counsel in connection with this motion, Google did not raise any argument that Perfect 10's state law claims were immunized by the Communications Decency Act (CDA) or preempted by the Copyright Act. Google also did not raise any argument that Perfect 10 lacks standing to assert an unfair competition claim based in part upon Google's unauthorized use of celebrity names and likenesses. Google did not raise these contentions in Ms. Herrick's April 4, 2008 letter to me, attached as Exhibit 13 to my June 12, 2008 declaration in support of this motion. Google also did not raise these contentions in the oral discussions we had for the conference of counsel.

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