Perfect 10 Inc v. Google Inc et al

Filing 654

NOTICE OF MOTION AND MOTION for Order for Document Preservation to Prevent Further Spoliation of Evidence by Perfect 10, Inc. filed by Defendant and Counterclaimant Google Inc. Motion set for hearing on 1/11/2010 at 02:00 PM before Magistrate Judge Stephen J. Hillman. (Attachments: #1 Proposed Order)(Herrick, Rachel)

Perfect 10 Inc v. Google Inc et al

Doc. 654

1 QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP Michael T. Zeller (Bar No. 196417) [e-mail] 2 865 South Figueroa Street, 10th Floor 3 Los Angeles, California 90017-2543 Telephone: [phone] Facsimile: [phone] Charles K. Verhoeven (Bar No. 170151) [e-mail] 5 50 California Street, 22nd Floor 6 San Francisco, California 94111 Rachel Herrick Kassabian (Bar No. 191060) [e-mail] 7 555 Twin Dolphin Drive, Suite 560 8 Redwood Shores, California 94065 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)] DISCOVERY MATTER GOOGLE INC.'S NOTICE OF MOTION AND MOTION FOR A DOCUMENT PRESERVATION ORDER TO PREVENT FURTHER SPOLIATION OF EVIDENCE BY PERFECT 10, INC. [Joint Stipulation, Declarations of Rachel Herrick Kassabian, and (Proposed) Order filed concurrently herewith] Hon. Stephen J. Hillman Date: January 11, 2010 Time: 2:00 PM Crtrm.: 550 Discovery Cutoff: None Set Pretrial Conference Date: None Set Trial Date: None Set

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 22 23 vs. Defendants. AND COUNTERCLAIM

PERFECT 10, INC., a California 21 corporation, Plaintiff,

24 AMAZON.COM, INC., a corporation; A9.COM, INC., a corporation; and 25 DOES 1 through 100, inclusive, 26 27 28
01980.51320/3240209.1

Defendants.

GOOGLE'S NOTICE OF MOTION AND MOTION FOR A DOCUMENT PRESERVATION ORDER Dockets.Justia.com

1 TO ALL PARTIES AND THEIR COUNSEL OF RECORD: 2 PLEASE TAKE NOTICE THAT on January 11, 2010, at 2:00 p.m., or as 3 soon thereafter as the matter may be heard, in the courtroom of the Honorable 4 Stephen J. Hillman, located at 255 East Temple Street, Los Angeles, CA 90012, 5 Courtroom 550, defendant and counterclaim plaintiff Google Inc. ("Google") will 6 and hereby does move for a document preservation order to prevent further 7 spoliation of evidence by Perfect 10, Inc. 8 Google's motion is based on this notice of motion and motion, the Joint 9 Stipulation filed concurrently herewith; the Declaration of Rachel Herrick 10 Kassabian in support of the motion and the exhibits thereto; the Declaration of 11 Rachel Herrick Kassabian regarding Perfect 10, Inc.'s non-cooperation concerning 12 the preparation of the Joint Stipulation (submitted pursuant to Local Rule 37-2.4); 13 all other pleadings and papers on file in this action; any matters of which this Court 14 may take judicial notice; and such further evidence and argument as may be 15 presented at or before the hearing on this matter. 16 18 19 DATED: December 11, 2009 20 21 22 23 24 25 26 27 28
01980.51320/3240209.1

Pursuant to Local Rule 37-1, the parties met and conferred on the matters in

17 this Motion on August 25, 2009, and times thereafter. Respectfully submitted, QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP

By

Rachel Herrick Kassabian Attorneys for Defendant GOOGLE INC.

GOOGLE'S NOTICE OF MOTION AND MOTION FOR A DOCUMENT PRESERVATION ORDER

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