Perfect 10 Inc v. Google Inc et al

Filing 670

NOTICE OF MOTION AND MOTION for Discovery regarding A DOCUMENT PRESERVATION ORDER TO PREVENT SPOLIATION OF EVIDENCE BY GOOGLE filed by PLAINTIFF Perfect 10 Inc. Motion set for hearing on 1/11/2010 at 02:00 PM before Magistrate Judge Stephen J. Hillman. (Attachments: #1 Proposed Order re Preservation)(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 Telephone: [phone] Facsimile: [phone] Email: [e-mail] 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, Defendant. ________________________________ AND CONSOLIDATED CASE. Case No. CV04-9484 AHM (SHx) Consolidated with Case No. CV 05-4753 AHM (SHx) Before Judge Stephen J. Hillman DISCOVERY MATTER NOTICE OF MOTION AND MOTION OF PLAINTIFF PERFECT 10, INC. FOR A DOCUMENT PRESERVATION ORDER TO PREVENT SPOLIATION OF EVIDENCE BY GOOGLE [Joint Stipulation and Declarations of Dr. Norman Zada and Wendy Augustine, and two Declarations of Jeffrey N. Mausner In Support Thereof, and [Proposed] Order Also Filed] Date: January 11, 2010 Time: 2:00 p.m. Place: Courtroom 550, Courtroom of the Honorable Stephen J. Hillman Discovery Cut-Off Date: None Set Motion Cut-Off Date: None Set Pretrial Conference Date: None Set Trial Date: None Set
Notice Of Motion And Motion Of Plaintiff Perfect 10, Inc. For A Document Preservation Order To Prevent Spoliation Of Evidence By Google

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TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on January 11, 2010 at 2 P.M., or as soon thereafter as the matter may be heard, in the Courtroom of the Honorable Stephen J. Hillman, Courtroom 550 of United States District Court for the Central District of California, Plaintiff Perfect 10, Inc. ("Perfect 10") will and hereby does move this Court for a document preservation order to prevent spoliation of evidence by Google, Inc. ("Google"), as set forth in Perfect 10's [Proposed] Order Granting Its Motion For The Imposition Of A Document Preservation Order, submitted herewith, and in the Joint Stipulation On Google's Inc.'s Motion For A Document Preservation Order To Prevent Further Spoliation Of Evidence By Perfect 10, Inc., And Perfect 10, Inc.'s Motion For A Document Preservation Order To Prevent Spoliation Of Evidence By Google, filed separately under seal by Perfect 10 (the "Joint Stipulation"). This Motion is made on the grounds that Google has concealed and suppressed documents and, therefore, may have destroyed documents. Google has failed to produce critical documents, including emails, which have been ordered produced by both Judge Hillman and Judge Matz. On November 29-30, 2009, Perfect 10 filed a Motion for Evidentiary and Other Sanctions Against Defendant Google Inc. and/or For the Appointment of A Special Master, based upon Google's disobedience of discovery orders. A copy of Perfect 10's Memorandum of Points and Authorities in Support of that motion is submitted under seal as Exhibit B to the Declaration of Jeffrey Mausner In Support of Perfect 10's Position Regarding Document Preservation Order ("Mausner Preservation Order Decl."), filed concurrently. Although Perfect 10 contends that there is no basis for imposing a preservation-order against it, Perfect 10 does not object to the imposition of a preservation-order that applies equally and mutually to it and Google. This Motion is based upon this Notice of Motion, the Joint Stipulation, and the Declarations of Dr. Norman Zada, Jeffrey N. Mausner, and Wendy Augustine in support of the Motion, and the Declaration of Jeffrey N. Mausner regarding Google's
Notice Of Motion And Motion Of Plaintiff Perfect 10, Inc. For A Document Preservation Order To Prevent Spoliation Of Evidence By Google

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non-compliance concerning the preparation of the Joint Stipulation (submitted pursuant to Local Rule 37-2.4), and the [Proposed] Order, submitted separately herewith, the complete files and records in this action, all matters of which this Court properly may take judicial notice, and any additional matters that may be submitted to the Court at or before any hearing on the Motion, including in any reply papers. Pursuant to Local Rule 37-1, the parties met and conferred on the matters in this Motion on September 8, 2009, and times thereafter, by letter and email. Dated: December 15, 2009 LAW OFFICES OF JEFFREY N. MAUSNER By: __________________________________ Jeffrey N. Mausner Attorney for Plaintiff Perfect 10, Inc.

1 Notice Of Motion And Motion Of Plaintiff Perfect 10, Inc. For A Document Preservation Order To Prevent Spoliation Of Evidence By Google