Be In, Inc. v. Google Inc. et al

Filing 22

Stipulated Administrative Motion to File Under Seal filed by Be In, Inc.. (Attachments: # 1 Declaration Roni E. Bergoffen, # 2 Exhibit Redacted Exhibit A, # 3 Proposed Order, # 4 Certificate/Proof of Service)(Addiego, Joseph) (Filed on 9/25/2012) Modified text on 9/26/2012 (dhmS, COURT STAFF).

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Joseph E. Addiego III (CA State Bar No. 169522)
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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DAVIS WRIGHT TREMAINE LLP

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William E. Wallace III (Pro Hac Vice Application Pending)
Stephen M. Nickelsburg (Pro Hac Vice Application Pending)
Roni E. Bergoffen (Pro Hac Vice Application Pending)
CLIFFORD CHANCE US LLP
2001 K Street, N.W.
Washington, D.C. 20006
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff
BE IN, INC., a New York corporation

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IN THE UNITED STATES DISTRICT COURT

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THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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BE IN, INC.,
Plaintiff,

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v.
GOOGLE, INC., a California corporation,
RICHARD ROBINSON, and DOES 1 through
3, inclusive,
Defendants.

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Case No. CV12-03373-LHK
[PUBLIC REDACTED VERSION
PURSUANT TO JUDGE LUCY H. KOH'S
DEC. 1, 2011 STANDING ORDER]
DECLARATION OF RONI E.
BERGOFFEN IN SUPPORT OF
ADMINISTRATIVE MOTION TO FILE
DOCUMENT UNDER SEAL
Hearing Date: January 3, 2013
Hearing Time: 1:30 p.m.
Courtroom: 8, 4th Floor
Judge: Hon. Lucy H. Koh

DECLARATION OF RONI E. BERGOFFEN

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I, Roni E. Bergoffen, declare as follows:

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1.

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I am a Counsel with the law firm Clifford Chance US LLP. I have personal

knowledge of the facts stated in this declaration and, if called upon to do so, I would and could

BERGOFFEN DEC. RE MOTION TO SEAL
DWT 20417747v1 0096269-000001 CV12-03373-LHK

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competently testify thereto. I make this Declaration in support of Be In Inc.’s Administrative

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Motion to File Document Under Seal.

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2.

Attached as Exhibit A hereto is a true and correct copy of Exhibit A to the

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Declaration of Ha-Thanh Nguyen in Support of Plaintiff Be In's Opposition to Defendant's Motion

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to Dismiss. This exhibit is a copy of Be In, Inc.'s June 22, 2012 deposit submitted to the United

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States Copyright Office as part of Be In, Inc.'s application for a copyright registration.

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3.

Be In seeks to file Exhibit A under seal pursuant to Local Rule 79-5 because the

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deposit contains confidential information entitled to protection under the law. The Copyright

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Office keeps deposits submitted in connection with copyright registrations confidential, and will
not release copies to third parties, other than parties to a litigation involving the application or

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DAVIS WRIGHT TREMAINE LLP

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pursuant to a court order.

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4.

Pursuant to Local Rule 7-11(a), Be In contacted Defendant Google and obtained a

stipulation to file Exhibit A under seal.
5.

Pursuant to Judge Lucy H. Koh's December 1, 2011 Standing Order, Be in has

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publicly e-filed as an exhibit hereto and to the Thanh Declaration a proposed public redacted

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version of Exhibit A.

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I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed this 25th day of September 2012 at Washington, D.C..

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___________/s/ Roni E. Bergoffen_______
Roni E. Bergoffen
CLIFFORD CHANCE US LLP
2001 K Street, N.W.
Washington, D.C. 20006
Telephone: [phone]
Facsimile: [phone]

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BERGOFFEN DEC. RE MOTION TO SEAL
DWT 20417747v1 0096269-000001 CV12-03373-LHK

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