Bradley v. Google, Inc. et al
Filing
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JOINT CASE MANAGEMENT STATEMENT filed by Google, Inc., Google AdSense. (Shen, Andrew) (Filed on 11/30/2006)
Bradley v. Google, Inc. et al
Doc. 19
Case 3:06-cv-05289-WHA
Document 19
Filed 11/30/2006
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1 KEKER & VAN NEST, LLP ASHOK RAMANI - #200020 2 ANDREW SHEN - #232499 710 Sansome Street
3 San Francisco, CA 94111-1704
Telephone: (415) 391-5400 4 Facsimile: (415) 397-7188
5 Attorneys for Defendants
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GOOGLE, INC., GOOGLE ADSENSE
UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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12 THERESA B. BRADLEY, Psy.D./JD,
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Case No. C-06-05289- WHA
Plaintiff,
v.
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
Date: Time: Dept: Judge:
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November 30, 2006
8:00 a.m.
15 GOOGLE, INC., GOOGLE AD
SENSE,
Courtroom 9
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Defendants.
The Hon. Wiliam H. Alsup
Date Compo Filed: September 12,2006
Trial Date: TBD
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385306.01
JOINT CASE MANAGEMENT CONFERENCE STATEMENT CASE NO. C-06-05289-WHA
Dockets.Justia.com
Case 3:06-cv-05289-WHA
Document 19
Filed 11/30/2006
Page 2 of 7
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I.
TOPICS IN COURT'S SUPPLEMENTAL ORDER
2 The parties provide the following statements on the subjects that they believe would be
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the Cour's Supplemental Order ("Order") filed September 14,2006
4 (Document 9 in the Court's file)l:
A. Jurisdiction and venue
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This Court has subject-matterjurisdiction under 28 U.S.C. §§ 1331 and 1332. The
paries know of no issue regarding personal jurisdiction or venue.
B. Claims. defenses. and related proceedin2s
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Dr. Bradley's Claims and Defenses:
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GoogIe's Claims and Defenses: Google has moved to dismiss Dr. Bradley's complaint,
with a hearing date presently scheduled for December 21. Thus, Google has not yet answered
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the Complaint; should the Court allow Dr. Bradley to proceed on her Complaint, Google wil
answer and evaluate any potential counterclaim(s).
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Related proceedings: There are no "Related Cases" as defined in L.R. 3-l2(a).
lGoogle has not received the order from Dr. Bradley, who never received it from the Court.
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JOINT CASE MANAGEMENT CONFERENCE STATEMENT
385306.01
CASE NO. C-06-05289-WH
Case 3:06-cv-05289-WHA
Document 19
Filed 11/30/2006
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c.
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Brief summary of proceedin2s to date
Dr. Bradley fied her Amended Complaint on September 12, 2006. The parties stipulated
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to extend Google's time to respond until November 16,2006, on which date Google filed its'
pending motion to dismiss. During the week of
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November 13, counsel for Google attempted to
meet and confer with Dr. Bradley under Federal Rule Civil Procedure 26(f); Dr. Bradley and
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counsel for Google succeeded in doing so on November 20,2006. The parties stipulated to
extend the time to exchange initial-disclosure documents required by Federal Rule of Civil
Procedure 26(a) by 46 days, to January 29, 2007.
D. Pendin2 motions
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On November 16, 2006, Google fied a motion to dismiss Dr. Bradley's complaint; the
motion is set for hearing on December 21. On November 20,2006, Dr. Bradley mailed to the
Cour her motion to appear via telephone at the November 30 case-management conference.
E. Brief description of major motions before trial
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Should the Court
not grant Google' s pending motion to dismiss, Google intends to move
for summary judgment on Dr. Bradley's complaint. Dr. Bradley does not intend to file any
motions.
F. Additional parties
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At this time, neither side expects paries to be added or deleted.
G.
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Expected claim-construction. evidentiary. or class-certification hearin2s
This is neither a patent nor class-action case. Short of motions in limine and potential
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discovery disputes, the parties anticipate no evidentiary hearings.
H. Compliance with evidence-preservation requirements
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Dr. Bradley believes that Google has destroyed evidence as set forth in the Amended
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Complaint Counts VI, VII, VIII that has interfered with the Plaintiff s burden of proof of
communications by electronic mail concernng the allegations set forth Amended Complaint
Counts I, II, III, IV, V by destruction of evidence as set forth in the Amended Complaint by interference with private e-Mail account held by the Plaintiff at Google, Inc. known as
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JOINT CASE MANAGEMENT CONFERENCE STATEMENT
385306.01
CASE NO. C-06-05289-WH
Case 3:06-cv-05289-WHA
Document 19
Filed 11/30/2006
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1 tbrava§gmai1.com by intentional intrusion into the e-Mail account and intentional destrction
2 and/or deletion of all e-Mail communications concernng the Google AdSense account.
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I.
Stipulated discovery limits
Neither Dr. Bradley nor Google believes that this case requires any departure from the
Federal Rules.
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J. Proposed deadlines and court dates. includin2 a trial date
The parties propose the following case schedule:
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Event
Close of fact discovery
Close of expert discovery (if any)
Date
June 1, 2007
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June 29, 2007
July 26, 2007
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Summary judgment fiing deadline
Pretrial conference
Trial date
21 days prior to trial
October 29, 2007
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The parties expect the trial to last no more than three Cour days.
K.
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Whether a jurv was properly demanded
Dr. Bradley has not requested a
jury. Google has not yet answered, and has not decided
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if it will request a jury.
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L. What dama2es and other relief are sou2ht
Dr. Bradley's request for damages and other relief
is fully set forth in the Amended
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Complaint Counts I through VIII.
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M.
ADR efforts to date
and a specifc ADR plan for the case
25 The parties have conferred about ADR procedures and agree that court-ordered mediation
26 is the likely procedure to assist settlement. Dr. Bradley wil request that the Cour order the
27 paries to court-ordered mediation as soon as possible. Google respectfully suggests that the
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JOINT CASE MANAGEMENT CONFERENCE STATEMENT
385306.01
CASE NO. C-06-05289-WH
Case 3:06-cv-05289-WHA
Document 19
Filed 11/30/2006
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Court order the parties to engage in ADR only should the Court not grant Google's motion to
dismiss.
N. Ma2istrate-Jud2e assi2nment
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Dr. Bradley failed timely to submit her consent to proceed before a Magistrate Judge, but
would be fine to so proceed now. Google is fine with such assignment.
o. Service list
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For Dr. Bradley: Theresa B. Bradley
ww.bravacorp.com
4500 Connecticut Avenue NW #309 Washington, DC 20008 Phone 202-537-2969
For Google: Ashok Ramani
Andrew Shen
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Keker & Van Nest, LLP
710 Sansome Street
San Francisco, CA 94111-5400
Telephone: (415) 391-5400 Facsimile: (415) 397-7188
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Email: axr§kvn.com
ashen§kvn.com
Other items in Local Civil Rule 16-10
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Except as set fort above, the parties propose that the matters specified in Civil Local
Rule 16-10(b) be scheduled in accordance with the Local Rules, the Federal Rules of
Civil
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Procedure, and the Guidelines for Trial and Final Pretrial Conference in civil jury cases before
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the Honorable Wiliam Alsup.
II.
PROTECTIVE ORDER
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The paries have conferred, per Federal Rule of Civil Procedure 26(f), about the
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desirability of a protective order. Google doubts that this case would implicate its trade secrets
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or proprietary information; to the extent that it does, the parties wil try and stipulate to a
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procedure restricting disclosure of confidential information to outside counsel and third-pary
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experts who execute an appropriate undertaking. Should the parties fail to reach resolution,
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Google wil seek the Court's direction.
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385306.01
CASE NO. C-06-05289-WH
Case 3:06-cv-05289-WHA
Document 19
Filed 11/30/2006
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1 Dr. Bradley does not anticipate that this case wil entail any request or invasion of either
2 party's trade secrets of her company, Brava Corporation or of
Google, Inc. or Google Adsense.
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DATED: November 30, 2006
KEKER & VAN NEST, LLP
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By /s/ Andrew Shen Ashok Ramani
Andrew Shen
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Attorneys for Defendant GOOGLE INC.
DATED: November 26,2006
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By r hee; 8. 8rad(Original signature CMC
fied with Court)
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Dr. Theresa P.Bradley Pro Se Plaintiff
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JOINT CASE MANAGEMENT CONFERENCE STATEMENT
385306.01
CASE NO. C-06-05289-WH
Case 3:06-cv-05289-WHA
Document 19
Filed 11/30/2006
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PROOF OF SERVICE
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I am employed in the City and County of San Francisco, State of California in the office of a the bar of this cour at whose direction the following service was made. I am over the age of eighteen years and not a pary to the within action. My business address is Keker & Van Nest, LLP, 710 Sansome Street, San Francisco, California 94111.
member of
On November 30, 2006, I served the following document:
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Joint Case Management Conference Statement
by regular UNITED STATES MAIL by placing a true and correct copy in a sealed envelope addressed as shown below. I am readily familiar with the practice of Keker & Van Nest, LLP for collection and processing of correspondence for mailing. According to that practice, items are deposited with the United States Postal Service at San Francisco, California on that same day with postage thereon fully prepaid. I am aware that, on motion of the party served, service is presumed invalid if the postal cancellation date or the postage meter date is more than one day after the date of deposit for mailing stated in this affdavit; and
by EMAIL, by transmitting a true and correct copy in PDF format to the email address below.
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Theresa B. Bradley 4500 Connecticut Avenue NW, Suite 309 Washington, DC 20008
Email: bravacorp§yahoo.com
Executed on November 30,2006, at San Francisco, California.
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I declare under penalty
of perjury under the laws of the State of California that the above is tre
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and correct.
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.r d w :74: ~ GA
Robert W. Thomas
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