Calcar Inc. et al v. The California Cars Initiative, Inc. et al

Filing 21

Calcar Inc. et al v. The California Cars Initiative, Inc. et al

Doc. 2

1 QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP Michael T. Zeller (Bar No. 196417) 2 [e-mail] m 865 South Figueroa Street, 10th Floor 3 Los Angeles, California 90017-2543 Telephone: [phone] Facsimile: [phone] 5 Rachel M. Herrick (Bar No. 191060) [e-mail] 6 555 Twin Dolphin Drive, Suite 560 Redwood Shores, California 94065-213 7 Attorneys for Third-Party Google Inc. 8 9 10 11 12 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION CASE NO. 3:08-mc-80083 MHP (WDBx) THIRD-PARTY GOOGLE INC.'S MOTION TO SHORTEN TIME PURSUANT TO CIVIL LOCAL RULE 6-3 REGARDING GOOGLE INC.'S CROSS-MOTION FOR PROTECTIVE ORDER PRECLUDING A DEPOSITION UNDER RULE 30(B)(6) Date: May 14, 2008 Time: 1:00 pm Crtrm.: 4

13 CALCAR, INC., a California corporation; and AMERICAN CALCAR, INC., a Delaware 14 corporation, 15 16 vs. Plaint iffs,

17 THE CALIFORNIA CARS INITIATIVE, INC., an unknown business entity; and FELIX 18 KRAMER, an individual, 19 20 21 22 23 24 25 26 27 28 Defendants.

Case No. 3:08-mc-80083 MHP (WDBx) THIRD-PARTY GOOGLE INC.'S MOTION TO SHORTEN TIME Dockets.Justia.com

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Pursuant to Civil Local Rule 6-3, Third-Party Google Inc. ("Google") hereby seeks an

2 order shortening time for a hearing on Google's Cross-Motion for Protective Order Precluding a 3 Deposition under Fed. R. Civ. P. 30(b)(6), filed May 2, 2008 ("Cross-Motion"). Pursuant to the 4 Civil Local Rules, the first date on which Google's Cross-Motion may be heard is June 6, 2008.1 5 Following the referral to United States Magistrate Judge Wayne D. Brazil, and pursuant to the 6 Civil Local Rules, the Court's calendar, and the Court's Scheduling Information, the earliest date 7 on which Google's Cross-Motion may now be heard is Wednesday, June 18, 2008, at 1:30 pm. 8 Because a closely-related motion is being heard on May 14, 2008 at 1:00 pm, Google requests that 9 its Cross-Motion be set for that same day, for the reasons set forth below. 10 Google's Cross-Motion seeks a protective order precluding a Rule 30(b)(6) deposition of

11 third party Google in connection with the trademark infringement action brought by Plaintiffs 12 Calcar, Inc. and American Calcar, Inc. (collect ively, "Calcar") against The California Cars 13 Init iative ("TCCI") and Felix Kramer, currently pending in the United States District Court for the 14 Central District of California.2 15 Pursuant to Local Rule 37-1, counsel for Google and counsel for Calcar have met and

16 conferred regarding both Calcar's Motion to Compel the deposition, and Google's Cross-Motion 17 for a Protective Order precluding the deposition. See Declarat ion of Rachel M. Herrick in Support 18 of Third-Party Google Inc.'s Motion to Shorten Time, filed herewith ("Herrick Decl."), ¶¶ 3-5. 19 Google made repeated attempts to reach agreement with Calcar on an expedited briefing schedule 20 that would accommodate both Calcar's Motion and Google's Cross-Motion. Calcar's counsel 21 refused to so stipulate, instead demanding that Google agree to brief and argue Calcar's Motion on 22 shortened time, but refusing to extend Google that same courtesy on Google's Cross-Motion. 23 Herrick Decl. ¶¶ 4-5. 24 25 Google originally noticed the motion for June 9, 2008, to conform to the Calendar and 26 Standing Order of the Hon. Marilyn Hall Patel, from who m this case has now been referred. 2 Google is not a party to that case, and its only connection to either party is a charitable 27 donation made by Google.org to defendant TCCI, a non-profit organization that develops and promotes hybrid technology for fuel-efficient vehicles. 28
Case No. 3:08-mc-80083 MHP (WDBx) -1THIRD-PARTY GOOGLE INC.'S MOTION TO SHORTEN TIME
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Having been unable to reach agreement on a shortened schedule, Google proceeded with

2 the filing of its Cross-Motion for Protective Order on May 2, 2008. Id. ¶ 6. On May 7, 2008, this 3 miscellaneous action was transferred to this Court. On May 8, 2008, this Court granted Calcar's 4 pending Motion to Shorten Time regarding its Motion to Compel, setting a hearing on Calcar's 5 Motion on May 14, 2008. See Docket No. 20. That same day, counsel for Google emailed 6 counsel for Calcar, Brian Brookey, and requested that Mr. Brookey stipulate to Google's request to 7 shorten time on its Cross-Motion. Herrick Decl. ¶ 7. Calcar refused to so stipulate, and threatened 8 Google's counsel with sanctions if it elected to proceed with Google's request to shorten time. Id. 9 Calcar's Motion and Google's Cross-Motion overlap in many respects, and should be heard

10 together. Both motions concern the central issue of whether this Court should permit Calcar to 11 take third-party Google's deposition. In the interests of judicial economy, Google asks this Court 12 to set Google's Cross-Motion for Protective Order for hearing on the same date it has set Calcar's 13 Motion to Compel, May 14, at 1:00 p.m. 14 It appears that Calcar has already responded to the issues raised in Google's Cross-Motion.

15 See, e.g., Calcar's Reply in Support of Motion to Compel at 3-5 (Docket No. 16). Nevertheless, if 16 Calcar wishes to submit further briefing in opposition to Google's Cross-Motion, it should be 17 ordered to do so by May 12. Google can file its reply papers (if any) on May 13. 18 There has been one previous modification of time in this miscellaneous action, by Court

19 order, setting the hearing date on Calcar's Motion to Compel for May 14, 2008. See Docket No. 20 20. No further modifications to the current schedule would be required if Google's instant motion 21 to shorten time is granted. For the foregoing reasons, Google respectfully requests that the Court 22 enter an Order Shortening Time for the Court to hear Google's Cross-Motion for Protective Order 23 Precluding a Deposition under Fed. R. Civ. P. 30(b)(6). 24 DATED: May 8, 2008 25 26 27 28
Case No. 3:08-mc-80083 MHP (WDBx) -2THIRD-PARTY GOOGLE INC.'S MOTION TO SHORTEN TIME

QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP

By /s/ Rachel M. Herrick Rachel M. Herrick Attorneys for Third-Party Google Inc.