Petroliam Nasional Berhad v. GoDaddy.com, Inc.

Filing 150

Declaration of JOSEPH G. FIORINO IN in Support of 149 Administrative Motion to File Under Seal Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Go Daddy's Administrative Motion to Seal filed byGoDaddy.com, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 149 ) (Lansky, David) (Filed on 12/2/2011)

1
2
3
4
5
6

JOHN L. SLAFSKY, State Bar No. 195513
DAVID L. LANSKY, State Bar No. 199952
HOLLIS BETH HIRE, State Bar No. 203651
WILSON SONSINI GOODRICH & ROSATI
PROFESSIONAL CORPORATION
650 Page Mill Road
Palo Alto, CA 94304
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

7
8

Attorneys for Defendant/Counterclaimant,
GODADDY.COM, INC.

9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11
12

PETROLIAM NASIONAL BERHAD,

13

Plaintiff,

14

vs.

15

GODADDY.COM, INC.,

16

Defendant.

17
18
GODADDY.COM, INC.,
19
Counterclaimant,
20
vs.
21
PETROLIAM NASIONAL BERHAD,
22
Counterclaim Defendant.
23

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

CASE NO.: 09-CV-5939 PJH

DECLARATION OF JOSEPH G.
FIORINO IN SUPPORT OF
GO DADDY’S ADMINISTRATIVE
MOTION TO SEAL

Date:
Time:
Courtroom:

December 7, 2011
9:00 a.m.
3

Honorable Phyllis J. Hamilton

24
25

I, Joseph G. Fiorino, declare:

26

1.

I am an attorney admitted to practice law before this Court, and am an associate of

27

the law firm of Wilson Sonsini Goodrich & Rosati, P.C., counsel for Defendant and

28

Counterclaimant GoDaddy.com, Inc. (“Go Daddy”). I have personal knowledge of the facts set
J. FIORINO DECL. ISO GO DADDY’S
ADMINISTRATIVE MOTION TO SEAL
Case No. 4:09-cv-05939-PJH

-1-

1

forth in this Declaration. I submit this declaration in support of Go Daddy’s Administrative

2

Motion to Seal.

3

2.

On November 28, 2011, counsel for Go Daddy received via U.S. mail a copy of the

4

November 25, 2011 Declaration of Perry Clark In Support of Plaintiff Petronas’s Opposition to Go

5

Daddy’s Motion for Summary Judgment (“Clark Opposition Declaration”) and a CD containing

6

exhibits thereto.

7

3.

Attached hereto as Exhibit A is a true and correct copy of the November 9, 2011

8

Declaration of Nima Kelly In Support of Plaintiff’s Administrative Motion to Seal (Dkt. No. 124),

9

setting forth compelling reasons for the sealing of Go Daddy’s standard operating procedure for

10

dealing with incoming trademark claims (the “SOP”), which constitutes Exhibit 24 to the

11

November 24, 2011 Declaration of Perry Clark In Support of Plaintiff Petronas’s Motion for

12

Partial Summary Judgment on Go Daddy’s Liability for Contributory Cybersquatting (“Clark

13

MPSJ Declaration”). Ms. Kelly is Deputy General Counsel at Go Daddy.

14

4.

Attached hereto as Exhibit B is a true and correct copy of the November 9, 2011

15

Declaration of Greg Schwimer In Support of Plaintiff’s Administrative Motion to Seal (Dkt. No.

16

124), which sets forth compelling reasons for the sealing of certain sections of the transcript of the

17

October 19, 2011 deposition of Jeff Munson found on page 11 at lines 4-10 and 14-16, page 13 at

18

lines 9-13, page 14 at lines 7-24, page 16 at lines 1-25, page 17 at lines 1-4, page 19 at lines 6-9

19

and 22-24, page 22 at lines 6-8, page 23 at lines 3-7and 17-25, and all of pages 24-26 (the

20

“Munson Excerpts”), which are located within pages 187-190 of Exhibit 26 to the Clark MPSJ

21

Declaration, and within pages 82-85 of Exhibit 6 to the Clark Opposition Declaration. Mr.

22

Schwimer is the Director of Information Technology in the Architecture Group at Go Daddy.

23

5.

Attached hereto as Exhibit C is a true and correct copy of the Court’s November 18,

24

2011 Order Granting Plaintiff’s Motion to Seal In Part and Denying It In Part (Dkt. No. 133). The

25

Order finds that compelling reasons exist for sealing the SOP and Munson Excerpts.

26
27
28

///
J. FIORINO DECL. ISO GO DADDY’S
ADMINISTRATIVE MOTION TO SEAL
Case No. 4:09-cv-05939-PJH

-2-

1
2

I declare under penalty of perjury that the foregoing is true and correct. Executed at Palo
Alto, California, on December 2, 2011.

3
/s/ Joseph G. Fiorino
Joseph G. Fiorino

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
J. FIORINO DECL. ISO GO DADDY’S
ADMINISTRATIVE MOTION TO SEAL
Case No. 4:09-cv-05939-PJH

-3-