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

Filing 43

CONDITIONAL OPPOSITION to ( 37 MOTION for Leave to File Second Amended Complaint ) filed by Google Inc., Richard Robinson. (Attachments: # 1 Declaration of Colleen Bal ISO Conditional Opposition, # 2 Exhibit A to Bal Declaration)(Bal, Colleen) (Filed on 5/14/2013) Modified text on 5/16/2013 (dhmS, COURT STAFF).

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COLLEEN BAL, State Bar No. 167637
CHARLES TAIT GRAVES, State Bar No. 197923
RIANA S. PFEFFERKORN, State Bar No. 266817
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
One Market, Spear Tower
Suite 3300
San Francisco, CA 94105-1126
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Defendants
Google Inc. and Richard Robinson

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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BE IN, INC., a New York corporation,

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Plaintiff,

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v.
GOOGLE INC., a California corporation;
YOUTUBE, LLC, a Delaware limited liability
company; and GOOGLE UK LTD., a private
limited company registered in England and
Wales,
Defendants.

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DECLARATION OF COLLEEN BAL
CASE NO. 5:12-CV-03373-LHK

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CASE NO.: 5:12-cv-03373-LHK
DECLARATION OF COLLEEN
BAL IN SUPPORT OF
DEFENDANTS’ CONDITIONAL
OPPOSITION TO MOTION FOR
LEAVE TO FILE SECOND
AMENDED COMPLAINT
Hearing Date:
Hearing Time:
Courtroom:
Judge:
Trial Date:

September 26, 2013
1:30 pm
8, 4th Floor
Hon. Lucy H. Koh
None Set

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I, Colleen Bal, declare:

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1.

I am a member of the law firm Wilson Sonsini Goodrich & Rosati, counsel for

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Defendants Google Inc. and Richard Robinson. I have personal knowledge of the facts stated in

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this declaration and, if called upon to do so, I would and could competently testify hereto.

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2.

Attached hereto as Exhibit A is a true and correct copy of a string of e-mail

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correspondence from May 13, 2013 to May 14, 2013, that I had with current counsel for Plaintiff

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Be In at Gibson Dunn & Crutcher, as well as Charles Barquist, counsel at Morrison & Foerster,

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who today filed a notice that he would be substituting in for current counsel.

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3.

Mr. Barquist and I spoke late today regarding Plaintiff’s pending motion for leave

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to file the Second Amended Complaint. During our call, I asked him whether Morrison &

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Foerster would be signing the proposed Second Amended Complaint. Mr. Barquist indicated

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that he expected that counsel at Gibson Dunn & Crutcher, having signed the Second Amended

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Complaint included as an exhibit to Plaintiff’s motion for leave, would likewise be formally

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signing the Second Amended Complaint if and when it were filed.

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I declare under penalty of perjury under the laws of the United States of America that the

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foregoing is true and correct. Executed this 14th day of May, 2013, in San Francisco, California.

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/s/ Colleen Bal_
Colleen Bal

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DECLARATION OF COLLEEN BAL
CASE NO. 5:12-CV-03373-LHK

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