Perfect 10 Inc v. Google Inc et al

Filing 591

REPLY REQUEST to Clarify re: the Court's October 6, 2009 Order Granting in Part Google Inc.'s Motion to Compel Perfect 10 to Produce Complete and Unredacted Financial Documents and Other Damages-Related Documents, and Amazon.com and Alexa Internet #590 , PERFECT 10'S RESPONSE TO GOOGLE INC.'S REQUEST FOR CLARIFICATION RE: THE ORDER COMPELLING PERFECT 10 TO PRODUCE COMPLETE AND UNREDACTED FINANCIAL DOCUMENTS AND OTHER DAMAGES-RELATED DOCUMENTS, AND AMAZON.COM AND ALEXA INTERNETS JOINDER THEREIN, filed by Plaintiff Perfect 10 Inc. (Attachments: #1 Declaration DECLARATION OF JEFFREY N. MAUNSER IN RESPONSE TO GOOGLE INC.'S REQUEST FOR CLARIFICATION RE: THE ORDER COMPELLING PERFECT 10 TO PRODUCE COMPLETE AND UNREDACTED FINANCIAL DOCUMENTS AND OTHER DAMAGES-RELATED DOCUMENTS)(Mausner, Jeffrey)

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Jeffrey N. Mausner (State Bar No. 122385) Law Offices of Jeffrey N. Mausner Warner Center Towers 21800 Oxnard Street, Suite 910 Woodland Hills, California 91367-3640 Email: [e-mail] 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. Case No. CV 04-9484 AHM (SHx) Consolidated with Case No. CV 05-4753 AHM (SHx) DISCOVERY MATTER

DECLARATION OF JEFFREY N. MAUNSER IN RESPONSE TO GOOGLE, INC., a corporation; and GOOGLE INC.'S REQUEST FOR DOES 1 through 100, inclusive, CLARIFICATION RE: THE ORDER COMPELLING PERFECT 10 TO Defendant. PRODUCE COMPLETE AND ______________________________ UNREDACTED FINANCIAL DOCUMENTS AND OTHER AND CONSOLIDATED CASE. DAMAGES-RELATED DOCUMENTS, AND AMAZON.COM AND ALEXA INTERNET'S JOINDER THEREIN Before Judge Stephen J. Hillman Date: None Set Time: None Set Place: Courtroom 550 Discovery Cut-Off Date: None Set Pretrial Conference Date: None Set Trial Date: None Set

Declaration of Jeffrey N. Mausner in Response to Google's Request for Clarification

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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 response to Google Inc.'s request for clarification regarding the order compelling Perfect 10 to produce complete and unredacted financial documents and other damages-related documents, and Amazon.com and Alexa Internet's joinder therein. 2. 3. 4. Attached as Exhibit 1 is a true and correct copy of a letter to me Attached as Exhibit 2 is a true and correct copy of an email from Attached as Exhibit 3 is a true and correct copy of the July 21, from Rachel Herrick Kassabian dated October 15, 2009. me to Ms. Kassabian dated October 18, 2009, in response. 2003 Order of Judge Hillman in Perfect 10 v. Net Management Services, et al. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct to the best of my knowledge. Executed this 23rd day of October 2009, in Los Angeles County, California. ___________________________ JEFFREY N. MAUSNER

Declaration of Jeffrey N. Mausner in Response to Google's Request for Clarification

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Exhibit 1

quinn emanuel

trial lawyers | silicon valley
FAX: [phone]

555 Twin Dolphin Drive, Suite 560, Redwood Shores, California 94065 | TEL: [phone]

WRITER'S DIRECT DIAL NO. [phone] WRITER'S INTERNET ADDRESS [e-mail]

October 15, 2009 VIA E-MAIL & U.S. MAIL Jeffrey N. Mausner, Esq. Warner Center Towers 21800 Oxnard Street, Suite 910 Woodland Hills, CA 91367 [e-mail] m Re: Perfect 10, Inc. v. Google Inc.: Magistrate Judge Hillman's Order Compelling Production of Documents Dear Jeff: As you know, at the September 22, 2009 hearing on Google's Motion to compel Perfect 10 to produce certain financial records in unredacted form (the "Motion"), Magistrate Judge Hillman issued an order from the bench compelling Perfect 10 to produce its financial statements and tax returns in complete and unredacted form, with three narrow exceptions pertaining to credit card numbers, and the names of patients and treating physicians in entries for medical expenses. Counsel for the Amazon Defendants confirmed this order at the hearing as follows: MR. JANSEN: AS I UNDERSTAND THE COURT'S ORDER, IS IT, EVERYTHING IS UNREDACTED EXCEPT VERY -- THREE VERY LIMITED THINGS, WHICH ARE THE CREDIT CARD NUMBERS, THE NAMES OF PATIENTS, AND THE NAMES OF DOCTORS. EVERYTHING ELSE IS UNREDACTED. THE COURT: I THINK YOU'RE CORRECT. September 22, 2009 Hearing Transcript at 59:12-17.

quinn emanuel urquhart oliver & hedges, llp
LOS ANGELES | 865 South Figueroa Street, 10th Floor, Los Angeles, CA 90017 | TEL [phone] FAX [phone] NEW YORK | 51 M adison Avenue, 22nd Floor, New York, NY 10010 | TEL [phone] FAX [phone] SAN FRANCISCO | 50 California Street, 22nd Floor, San Francisco, CA 94111 | TEL [phone] FAX [phone] CHICAGO | 250 South Wacker Drive, Suite 230, Chicago, IL 60606 | TEL [phone] FAX [phone] LONDON | 16 Old Bailey, London EC4M 7EG United Kingdom | TEL [phone] FAX [phone] TOKYO | Akasaka Twin Tower Main Bldg., 6th Fl., 17-22 Akasaka 2-Chome, Minato-ku, Tokyo 107-0052 Japan | TEL [phone] FAX [phone]

As you also know, following that hearing, the parties submitted (Proposed) Orders confirming Judge Hillman's oral rulings, and Judge Hillman adopted Perfect 10's version of Paragraph 2 (addressing production of settlement information). This Paragraph provides (inter alia) that "Perfect 10 may not redact information regarding the date, payor, and amount of any such settlement payments," and that "Perfect 10 is not required to produce any information about any settlements with third parties, other than the date, payor, and amount of any such settlement payments, and may redact settlement information it is not required to produce." As Google understands it, this Paragraph requires Perfect 10 to produce its financial reports and tax returns with the date, payor, and settlement amount of any settlement payments received unredacted, but permits Perfect 10 to redact other settlement information that might be reflected on the face of the financial reports and tax returns (if any). Since this portion of Google's Motion pertained only to lifting the redactions on Perfect 10's financial reports and tax returns, we do not read the Order to suggest that the Court has ruled that Perfect 10 need not produce settlement information in any other context, or as reflected in any other documents. Please confirm that Perfect 10 shares Google's understanding of this portion of the Order. If Perfect 10 does not so agree, please advise as soon as possible, and in any event before the close of business on October 16, 2009, so that Google may seek clarification of the ruling to the extent necessary. Very truly yours,

Rachel Herrick Kassabian RHK/tdn
01980.51320/3154564.1

2

Exhibit 2

Jef frey Mausner
From: Sen t: T o: Cc: Su bject: Jef f rey Mausner [[e-mail]] Sunday, October 18, 2009 9:14 PM 'Thom as Nolan' 'Rachel Herrick Kassabian'; Valerie Kincaid RE: Perfect 10, Inc. v. Google Inc.: Order Compelling Production of Documents

Rachel, Perfect 10 does not agree with Google s interpretation. As you know, Perfect 10 has taken the position that in light of the Court s rulings regarding financial documents, the production of the Microsoft settlement agreement is not required. Jeff.

From: Thomas Nolan [mailto:[e-mail]] Sent: Thursday, October 15, 2009 7:08 PM To: Jeffrey Mausner Cc: Rachel Herrick Kassabian Subject: Perfect 10, Inc. v. Google Inc.: Order Compelling Production of Documents

Jeff, Please see the attached. Best Regards,
Thomas Nolan Associate,

Quinn Emanuel Urquhart Oliver & Hedges LLP. 865 S. Figueroa St 10th Floor Los Angeles, Ca 90017 213-443-3885 Direct 213.443.3000 Main Office Number 213.443.3100 FAX [e-mail] www.quinnemanuel.com
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Exhibit 3

Case 2:02-cv-03735-LGB-SH

Document 261

Filed 07/21/2003

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Case 2:02-cv-03735-LGB-SH

Document 261

Filed 07/21/2003

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Case 2:02-cv-03735-LGB-SH

Document 261

Filed 07/21/2003

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