Jurin v. Google Inc.

Filing 32

REPLY by Google, Inc. to RESPONSE to 23 MOTION to STAY. (Caruso, Margaret)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Margret M. Caruso (Bar No. 243473) [e-mail] Cheryl Galvin (Bar No. 252262) [e-mail] Eman Sojoodi (Bar No. 261293) [e-mail] 555 Twin Dolphin Drive, Fifth Floor Redwood Shores, California 94065-2139 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant DANIEL JURIN, an Individual, vs. Plaintiff, CASE NO. 2:09-cv-03065-MCE-KJM GOOGLE INC.'S REPLY MEMORANDUM IN FURTHER SUPPORT OF ITS RENEWED MOTION TO STAY, OR IN THE ALTERNATIVE, MOTION TO STRIKE JURIN'S COMPLAINT Date: June 24, 2010 Time: 2 p.m. Judge: Morrison C. England, Jr. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

GOOGLE INC., Defendant.

CASE NO. 2:09-cv-03065-MCE-KJM GOOGLE INC.'S REPLY MEM. IN SUPPORT OF ITS MOTION TO STAY OR STRIKE

1 2

MEMORANDUM OF POINTS AND AUTHORITIES In opposition to Google's Renewed Motion To Stay, Or In The Alternative, Motion To

3 Strike Jurin's Complaint, plaintiff Daniel Jurin ("Jurin") does not offer any legal argument or 4 authority in response to the precedent cited by Google--much less any that would justify denying 5 Google's motion. Instead, he merely offers his own declaration (Docket No. 28) conceding that he 6 has no present intention of complying with the Court's March 1, 2010 Order to pay costs to 7 Google because he is "unable to comply." Declaration of Daniel Jurin dated June 10, 2010, ¶ 5. 8 Jurin's current position and excuses for noncompliance with this Court's Order, including

9 his belief that the amount of fees awarded is "unreasonable" (id. ¶ 24), leave Google no hope that 10 Jurin intends to abide by the Federal Rules of Civil Procedure or this Court's Orders if this action 11 continues.1 And tellingly, Jurin's Declaration offers no excuse for the vexatious conduct 12 identified in Google's opening memorandum, including his counsel's failure to participate in the 13 required Rule 26(f) conference and filing an amended complaint that did not address the very 14 deficiencies identified by the Court with the first complaint. See Google's Opening Mem. at 2 15 (Docket No. 23). Google should not be compelled to continue to bear the expense and burden of 16 defending a one-sided litigation in which the Plaintiff does not comply with his obligations. 17 For the reasons set forth in Google's Notice and Memorandum, and with no legitimate

18 justification offered by Jurin to deny Google's motion, Google respectfully requests that this Court 19 either stay the current proceedings until Jurin complies with the Court's order dated March 1, 20 2010, pursuant to Fed. R. Civ. P. 41(d), or strike Jurin's First Amended Complaint as a sanction 21 for failing to comply with this Court's Order. 22 23 24 To the extent Jurin intends his Declaration (filed more than 100 days after the Court's Order) as a motion for reconsideration, it is improper. See, e.g., L.R. 230(b), (j). To the extent 26 Jurin's Declaration purports to identify Google's motivations or describe communications between Google's counsel and Jurin's original counsel it should be disregarded because he lacks 27 personal knowledge of those facts. E.g., Bank Melli Iran v. Pahlavi, 58 F.3d 1406, 1412-13 (9th Cir. 1995) (declarations are entitled to no weight where declarant lacks personal knowledge). 28 25
CASE NO. 2:09-cv-03065-MCE-KJM -1GOOGLE INC.'S REPLY MEM. IN SUPPORT OF ITS MOTION TO STAY OR STRIKE
1

1 DATED: June 16, 2010 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

QUINN EMANUEL URQUHART & SULLIVAN, LLP

By /s/Margret M. Caruso Margret M. Caruso Attorneys for Defendant Google Inc.

CASE NO. 2:09-cv-03065-MCE-KJM -2GOOGLE INC.'S REPLY MEM. IN SUPPORT OF ITS MOTION TO STAY OR STRIKE

1 2

CERTIFICATE OF SERVICE I certify that counsel of record who are deemed to have consented to electronic service are

3 being served on June 16, 2010 with a copy of this document via the Court's CM/ECF system per 4 Local Rule 135(a). 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
CASE NO. 2:09-cv-03065-MCE-KJM -3GOOGLE INC.'S REPLY MEM. IN SUPPORT OF ITS MOTION TO STAY OR STRIKE

/s/ Margret M. Caruso Margret M. Caruso