Perfect 10 Inc v. Google Inc et al

Filing 351

STATEMENT Regarding Google Inc.'s List of Pending and Contemplated Discovery Motions (Zeller, Michael)

Perfect 10 Inc v. Google Inc et al

Doc. 35

1 QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP Michael T. Zeller (Bar No. 196417) michaelzeller@quinne manuel.com 2 865 South Figueroa Street, 10th Floor 3 Los Angeles, California 90017-2543 Telephone: [phone] Facsimile: [phone] Charles K. Verhoeven (Bar No. 170151) charlesverhoeven@quinne manuel.com 5 50 California Street, 22nd Floor 6 San Francisco, California 94111 Rachel M. Herrick (Bar No. 191060) [e-mail] 7 555 Twin Dolphin Drive, Suite 560 8 Redwood Shores, California 94065-213 9 Attorneys for Defendant Google Inc. 10 11 12 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NO. CV 04-9484 AHM (SHx) [Consolidated with Case No. CV 054753 AHM (SHx)] GOOGLE INC.'S LIST OF PENDING AND CONTEMPLATED DISCOVERY MOTIONS

13 PERFECT 10, INC., a California corporation, 14 Plaintiff, 15 vs. 16 GOOGLE INC., a corporation; and 17 DOES 1 through 100, inclusive, 18 19 20 Defendants. AND COUNTERCLAIM

21 PERFECT 10, INC., a California corporation, 22 Plaintiff, 23 vs. 24 AMAZON.COM, INC., a corporation; 25 A9.COM, INC., a corporation; and DOES 1 through 100, inclusive, 26 Defendants. 27 28

Case No. CV 04-9484 AHM (SHx) [Consolidated with Case No. CV 05-4753 AHM (SHx)] PENDING AND CONTEMPLATED DISCOVERY MOTIONS Dockets.Justia.com

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Pursuant to the Court's Order dated August 20, 2008, Defendant and

2 Counterclaimant Google Inc. hereby submits its lists of the following categories of 3 discovery motions: (1) pending discovery motions, (2) discovery motions that 4 currently are contemplated and (3) discovery disputes that are reasonably likely to 5 arise within the next nine months. 6 7 8 A. PENDING DISCOVERY MOTIONS 1. Google Inc.'s ("Google") Motion to Compel Further Responses

9 to Google's Interrogatory Nos. 3 and 11 (filed August 15, 2008; by order of the 10 Court, the hearing originally noticed for September 8, 2008 before Magistrate Judge 11 Hillman has been vacated). 12 2. Google Inc.'s Motion for Partial Reconsideration of Protective 13 Order to Designate One Category of Documents Outside Counsel's Eyes Only (filed 14 August 4, 2008). 15 3. Google Inc.'s Motion For Issuance of a Request for Judicial 16 Assistance (Letter of Request) Under the Hague Convention on the Taking of 17 Evidence Abroad in Civil or Commercial Matters (originally filed August 5, 2008 18 before Judge Matz and to be re-filed before Magistrate Judge Hillman following 19 conference with counsel for Amazon.com and Microsoft Corporation). 20 21 22 B. CURRENTLY-CONTEMPLATED DISCOVERY MOTIONS 1. Motion to compel compliance with the Protective Order by

23 withdrawing blanket confidentiality designations in Perfect 10, Inc.'s ("Perfect 10") 24 document productions and by affixing a confidentiality designation only on pages of 25 documents in those productions actually containing confidential material(s). 26 28
Case No. CV 04-9484 AHM (SHx) [Consolidated with Case No. CV 05-4753 AHM (SHx)] PENDING AND CONTEMPLATED DISCOVERY MOTIONS

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Motion to compel regarding the format of document production,

27 compelling production of documents in fully-searchable .tif format, with Online -1-

1 Character Recognition (OCR) capability, and with control numbers affixed to each 2 page therein. 3 3. Motion to compel production of documents related to the 4 financial condition of Perfect 10 and Perfect 10's alleged claim of actual damages, 5 including removal of redactions on financial documents already produced. 6 8 services. 9 5. Motion to compel production of documents related to Perfect 10 10's alleged copyright registrations, deposit materials, and/or correspondence with 11 the Copyright Office. 12 14 6. 7. Motion to determine the sufficiency of Perfect 10's responses Motion for protective order regarding Perfect 10's Request for 13 and/or to compel responses to Google's Requests for Admission. 15 Production No. 291, to the extent that such Request seeks production of complete 16 Internet Protocol ("IP") addresses of individual Google users. 17 18 19 20 22 C. DISCOVERY DISPUTES REASONABLY LIKELY TO ARISE IN THE COMING NINE MONTHS 1. 2. Google expects to bring all the above-mentioned disputes before Google expects that Perfect 10's method of production will result 4. Motion to compel production of documents related to Perfect 7 10's employment of PicScout Ltd. and any other providers of image recognition

21 the Court over the course of the coming nine months. 23 in disputes over authentication and/or identification of the native-file documents it 24 has produced, and that these disputes may require Court intervention to resolve. 25 3. Google anticipates that Court intervention may be necessary to 26 enforce compliance with Google's contemplated subpoenas to multiple third-parties 27 for documents and/or testimony. For example, although counsel for Perfect 10 28 formerly agreed to accept service of subpoenas on behalf of all nine individuals for Case No. CV 04-9484 AHM (SHx) [Consolidated -2with Case No. CV 05-4753 AHM (SHx)] PENDING AND CONTEMPLATED DISCOVERY MOTIONS

1 who m Perfect 10 seeks to enforce alleged publicity rights, counsel for Perfect 10 has 2 now agreed to accept service on behalf of only two of the nine individuals, and has 3 provided a mailing address for only five such individuals. Additionally, at least two 4 such individuals are located outside the United States. Accordingly, in order to 5 properly serve subpoenas on these nine individuals, Google must locate and serve 6 seven of the nine individuals, and for at least two, will need to move the Court for 7 issuance of a Letter of Request under the Hague Convention of 18 March 1970 on 8 the Taking of Evidence Abroad in Civil or Commercial Matters. 9 10 DATED: August 29, 2008 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case No. CV 04-9484 AHM (SHx) [Consolidated with Case No. CV 05-4753 AHM (SHx)] PENDING AND CONTEMPLATED DISCOVERY MOTIONS

QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP By /s/ Michael T. Zeller Michael T. Zeller Attorneys for Defendant Google Inc.

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