Perfect 10 Inc v. Google Inc et al

Filing 655

DECLARATION of Rachel Herrick Kassabian in support of MOTION for Order for Document Preservation to Prevent Further Spoliation of Evidence by Perfect 10, Inc. #654 Declaration of Rachel Herrick Kassabian Regarding Perfect 10, Inc.'s Non-Cooperation Concerning Google Inc.'s Motion for a Document Preservation Order to Prevent Further Spoliation of Evidence by Perfect 10, Inc. (Submitted Pursuant to Local Rule 37-2.4) filed by Counter Claimant Google Inc, Defendant Google Inc. (Herrick, Rachel)

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Perfect 10 Inc v. Google Inc et al Doc. 655 1 QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP Michael T. Zeller (Bar No. 196417) michaelzeller@quinnemanuel.com 2 865 South Figueroa Street, 10th Floor 3 Los Angeles, California 90017-2543 Telephone: (213) 443-3000 4 Facsimile: (213) 443-3100 Charles K. Verhoeven (Bar No. 170151) charlesverhoeven@quinnemanuel.com 5 50 California Street, 22nd Floor 6 San Francisco, California 94111 Rachel Herrick Kassabian (Bar No. 191060) rachelkassabian@quinnemanuel.com 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 DECLARATION OF RACHEL HERRICK KASSABIAN REGARDING PERFECT 10, INC.'S NON-COOPERATION CONCERNING GOOGLE INC.'S MOTION FOR A DOCUMENT PRESERVATION ORDER TO PREVENT FURTHER SPOLIATION OF EVIDENCE BY PERFECT 10, INC. (SUBMITTED PURSUANT TO LOCAL RULE 37-2.4) Hon. Stephen J. Hillman Date: January 11, 2010 Time: 2:00 p.m. Ctrm: 550 Discovery Cut-off: 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 Defendants. 19 20 AND COUNTERCLAIM PERFECT 10, INC., a California 21 corporation, 22 Plaintiff, 23 vs. 24 AMAZON.COM, INC., a corporation; A9.COM, INC., a corporation; and 25 DOES 1 through 100, inclusive, 26 Defendants. 27 28 01980.51320/3239957.1 DECLARATION OF RACHEL HERRICK KASSABIAN RE: PERFECT 10'S NON-COOPERATION Dockets.Justia.com 1 2 I, Rachel Herrick Kassabian, declare as follows: 1. I am a member of the bar of the State of California and a partner with 3 Quinn Emanuel Urquhart Oliver & Hedges, LLP, counsel for Defendant Google Inc. 4 ("Google") in this action. I make this declaration of my personal and firsthand 5 knowledge and, if called and sworn as a witness, could and would testify 6 competently thereto. 7 2. I submit this Declaration pursuant to Local Rule ("L.R.") 37-2.4 due to 8 Perfect 10's failure to cooperate in the preparation of a Joint Stipulation on Google's 9 Motion for a Document Preservation Order to Prevent Further Spoliation of 10 Evidence by Perfect 10 ("Joint Stipulation"), as required by L.R. 37-2.2. 11 3. Google met and conferred with Perfect 10 regarding the issues raised 12 by Google's Motion for a Document Preservation Order on various dates beginning 13 on August 25, 2009, and concluding on December 2, 2009. Unfortunately, the 14 parties were unable to resolve these discovery issues, forcing Google to resort to 15 motion practice. 16 4. After the close of business on December 2, 2009 and before the start of 17 business on December 3, 2009, my colleague Brad Love sent Perfect 10's counsel 18 Jeff Mausner an email attaching Google's portions of the Joint Stipulation, together 19 with Google's supporting declaration and exhibits. 20 5. On December 10, 2009 at 11:40 p.m., Mr. Mausner emailed me a 21 document that included (1) Perfect 10's arguments in opposition to Google's motion, 22 as well as (2) a motion by Perfect 10, seeking a document preservation order against 23 Google. Also attached to Mr. Mausner's emails were various declarations and 24 evidence claiming to support the aforementioned arguments. 25 6. On the morning of December 11, 2009, I sent Mr. Mausner an email 26 objecting to Perfect 10's inclusion of an entirely separate motion in Perfect 10's 27 portions of the Joint Stipulation on Google's motion. I explained that Perfect 10's 28 inclusion of this separate motion in its portions of the Joint Stipulation violates L.R. 01980.51320/3239957.1 DECLARATION OF RACHEL HERRICK KASSABIAN RE: PERFECT 10'S NON-COOPERATION -1- 1 37-2.1 and L.R. 37-2.2 since, among other reasons, including a new purported 2 motion in Perfect 10's responsive portions of the Joint Stipulation deprives Google 3 of the opportunity to substantively oppose it. I asked that Perfect 10 (1) remove the 4 arguments and evidence supporting Perfect 10's new motion from the Joint 5 Stipulation on Google's motion, and (2) deliver a corrected version of its portions of 6 the Joint Stipulation (containing only Perfect 10's opposition to Google's motion) to 7 me today. 8 10 7. As of the execution of this Declaration, Perfect 10 has not provided me I declare under penalty of perjury under the laws of the United States of 9 with a corrected version of its portions of the Joint Stipulation. 11 America that the foregoing is true and correct. Executed December 11, 2009 at San 12 Francisco, California. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 01980.51320/3239957.1 Rachel Herrick Kassabian DECLARATION OF RACHEL HERRICK KASSABIAN RE: PERFECT 10'S NON-COOPERATION -2-

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