Perfect 10 Inc v. Google Inc et al

Filing 758

REQUEST for Order for Service of the Under Seal Version of the Amazon Defendants' Motion to Compel Production of the Microsoft Settlement Agreement (and All Supporting Under Seal Documents) filed by Defendant and Counterclaimant Google Inc. (Attachments: #1 Declaration of Thomas Nolan in Support Thereof, and Exhibit A Thereto, #2 Proposed Order)(Kassabian, Rachel)

Perfect 10 Inc v. Google Inc et al

Doc. 758 Att. 1

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QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP Michael T. Zeller Bar o . 196417) m i c hae 1 ze 11 er@ qu ^nnem anu e 1. c om 865 South Figueroa Street, 10th Floor Los Angeles, California 90017-2543 Telephone: [phone] Facslmile : 213 443-3100 Charles K. erhoeven (Bar No. 170151 } charlesverhoeven @ quinnemanuel . com 50 California Street , 22nd Floor San Francisco? California 94111 Rachel Herrick Kassabian {Bar No. 191060} a rachelkassabian ((^quinnemanuel.com 555 Twin Dolphin-Drive, Sth Floor Redwood Shares, California 94065

9 ^ Attorneys for Defendant GOGGLE INC. 10 11 12 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CASE NO. CV 04-9484 AHM (SHx} Consolidated with Case No. CV 05753 AHM (SHx)] DISCOVERY MATTER DECLARATION OF THOMAS NOLAN IN SUPPORT OF GOGGLE INC.'S REQUEST FOR AN ORDER REQUIRING SERVICE OF THE UNDER SEAL VERSION OF THE AMAZON DEFENDANTS' MOTION TO COMPEL PRODUCTION OF THE MICROSOFT SETTLEMENT AGREEMENT ((AND ALL SUPPORTING UNDER SEAL DOCUMENTS} Hon. Stephen J. Hillman Date : None set Time: None set Crtrm.: 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 GOGGLE INC. a corporation; and 17 DOES 1 through 100, inclusive,
18 Defendants. 19

AND COUNTERCLAIM
20 21 PERFECT 10, INC., a California corporation,

22 Plaint 23

vs. A9.COM, INC. a corporation; and DOES 1 throug^i 100, inclusive,

24 AMAZON.COM, INC., a corporation; 25

26 'Defendants. 27 28
01980 .513213299844.1

DECLARATION OF THOMAS NOLAN Dockets.Justia.com

1 2

I, Thomas Nolan, declare as follows: 1. I am a member of the bar of the State of California and an associate with

3 Quinn Emanuel Urquhart Oliver & Hedges , LLP, counsel for Defendant Google Inc. 4 in this action. I make this declaration of my personal and firsthand knowledge and, if 5 called and sworn as a witness, could and would testify competently thereto. 6 2. On January 22, 2010 , I asked counsel for the Amazon Defendants if they

7 would serve Google with the under seal version of the Joint Stipulation re. Amazon 8 Defendants' Motion to Compel Production of Microsoft Settlement Agreement 9 (Docket No. 368 in the consolidated case). That same day, counsel for the Amazon 10 Defendants explained that they could not do so, because as a condition for receiving 11 certain information about the settlement from Microsoft , Microsoft required the

12 Amazon Defendants to agree that they would not further disclose that information to 13 Google or its attorneys. 14 3. On January 25, 2010, I emailed Jeffrey Mausner, counsel of record for

15 Perfect 10 , Inc., requesting that Perfect 10 serve Google with the under seal version 16 of this Joint Stipulation on Amazon ' s Motion to Compel, along with any other 17 documents filed under seal in connection with this Motion (Docket Nos. 368 and 369 18 in the consolidated case}. The following day Mr. Mausner refused , stating that 19 'Perfect 10 and Microsoft have not consented to Google seeing the Microsoft 20 settlement agreement, and that "It]herefore, Google is not entitled to see the redacted 21 material ." A true and correct copy of this email exchange is attached hereto as 22 Exhibit A. 23 4. As of the date of this Declaration , neither Perfect 10 nor the Amazon

24 Defendants have served Google with the under seal version of the Amazon Motion to 25 Compel ( and all supporting under seal documents}. 26 5. On August 11, 2009, Google served Perfect 10 with a Request for

27 Production of Documents seeking production of the settlement agreement in the 28
03980 . 5132013299844.]

_^_ _ DECLARATION OF THOMAS NOLAN

1 Microsoft case. Perfect 10 served written objections to this Request and, to date, has 2 not produced this settlement agreement to Google in this action. 3
i declare under penalty of perjury under the laws of the United States of

41 America that the foregoing is true and correct . Executed January 27 , 2010 at Los 5 Angeles, California. 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28
6 ] 9865E 320/3299844, ]

Thomas Nolan

_2_ DECLARATION OF THOMAS NOI,AN

EXHIBIT A

Thomas Nolan
From :
Sent :

Thomas Nolan
Tuesday, January 26, 2090 2:49 PM

To: Cc: Subject :

'Jeffrey Mausner' Michael T Zeller; Rachel Herrick Kassabian ; [e-mail]; Timothy Cahn; [e-mail]; Steiner, Elham F.; Anthony Mafutta; Isabella Fu RE: Perfect 90 v. GooglelAmazon: Amazon's Motion to Compel the Microsoft Settlement Agreement

Jeff,
The Google and Amazon cases have been consolidated for discovery purposes. See Consolidation Order {pkt. No. 34}; Stay Order {Dkt. No. 400}. Pursuant to those Orders and the Protective Order, Google is entitled to be {and must be} served with everything that is filed in the consolidated Amazon case. Please reconsider Perfect 9.0's position not to serve Google with the under seal filings. If we cannot resolve this by the close of business today, we will seek relief Pram the Court.

Best Regards,
Yhomas Nolan Associate, Quinn Emanuel Urquhart Oliver & Hedges LLP. ti65 5. f^igueroa St 10th floor Los Angeles, Ca 94017 ^].3-443-3fl95 t7ir^C^ 2i3.^th3.31111i} Main 4ffire Plumt^er 213.443.31(10 FAx thomasnolanClauin nema nuel.com wuvw.auinnemanuel,com f^fOTICE: The infCnnation contained int}^is e-mail message is intenCted only for the personal and ccn^idential use of il^e recipieni(s} named st^ovz. Tlus mESSE3f.JC r^^ay be an attrrr^ey-cli{ant' ct>mrnunic=;tion and/or ^vcrk prnduet and as serer; is privilened anrf canhdentral. if the reader of this mrassa^le is nnt. tl;e nu'r nderj 3'ecipir=nt ar anent respansihle For delivering it to thr intended recipi;;nt, you arc her^_t^}· notihed that. ynu have rcreiveci this cl.^,c^^m^nt in error and that any rcviee·., disseminatior;, distribution, or copying of this message ^s strictbr prohibited. !f you have recewed this communication En error, please notif^^ us imme:.'iatehl by e-irtail, and delete Eire original message.

From : 3effrey Mausner [mailto:[e-mail]] Sent : Tuesday, January 26, 2010 9:12 AM To: Thomas Nolan Cc: Michael T Zeller; Rachel Merrick Kassabian; [e-mail]; Timothy Cahn; [e-mail]; Steiner, Eiham F.; Anthony Malutta; Isabella Fu Subject : RE: Perfect 10 v. Google/Amazon: Amazon`s Motion to Compel the Microsoft Settlement Agreement

Hi Tom: Perfect 10 and Microsoft have consented to Amazon seeing a certain portion of the Microsoft Settlement Agreement, because it relates to Amazon. However, neither Perfect 10 nor Microsoft has consented to Google seeing it. Therefore, Google is not entitled to see the redacted material. Jeff.

From : Thomas Nolan [mailta:[e-mail]] Sent : Monday, ]anuary 25, 2010 10:00 PM
Ta: [e-mail]

Ce: Michael T Zeiler; Rachel Herrick Kassabian Subject : Perfect 10 v. Google/Amazon: Amazon's Motion to Compel the Microsoft Settlement Agreement

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^ EXHIBIT

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Jeff,
Please send us the unredacted versions of the Joint Stipulation on the Amazon Defendants ' motion to compel the Microsoft settlement agreement (7kt. iVo. 364} and any other documents filed under seal in connection with that motion. Best Regards,
Thomas NoEan Associate, Quinn Emanuel Urquhart Oiver & Hedges LLP. 8G5 S. Figueroa St 10th Floor Las Angeles, Ca 9f1017 2].3-`143-3885 Direct 213.-13.3040 htaln Office plumber ?7.3.143.33.DD FlUI thom^5nolanCalauinnemanuel.com m n I. avuvw. i
PtO7ICE: 7hf3 irl f(yl'rrlatl6r} COrlts'3ineG in this C:-ITldll mccSa^C I5 jnC4 nd2C1 Only for th(: i7Bl'SOlle§i arld CUnfidh:nClaE CISc: C3F tfiP, rf.'CII11ent(5^ naril[:.:1 fti]L)UC'. ThlS n}C'SS^7CJe

may he an ati'orrey-client rnmmunicatTon andror evork praciuct ant as s^,:ch s privileged and conficlentiaE. If thr- ruder of this mcs=.age i.=, ncc tn^: intended recipient ar agent respansl]le far delivering it to the intended recipient, you are hereby notified that you have received this daculnent in error and that any revies^, disserninatian, distril7ution, or copying of this message is strlCCly prohibited. If yrou have received this cammrrnication In error, please notify us irrnnedcair^ly by e:-nail, and delete the oric^ir}al messacJe.

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