Petroliam Nasional Berhad v. GoDaddy.com, Inc.
Filing
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BILL OF COSTS Go Daddy's Bill of Costs re Petronas's Claims by GoDaddy.com, Inc.. (Attachments: # 1 Declaration Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Fiorino, Joseph) (Filed on 2/29/2012)
Exhibit A:
Declaration of
Joseph G. Fiorino in support
of Go Daddy’s Bill of Costs
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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: (650) 493-9300
Fax: (650) 493-6811
jslafsky@wsgr.com
dlansky@wsgr.com
hhire@wsgr.com
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Attorneys for Defendant
GODADDY.COM, INC.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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PETROLIAM NASIONAL BERHAD,
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Plaintiff,
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vs.
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GODADDY.COM, INC.,
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Defendant.
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GODADDY.COM, INC.,
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Counterclaimant,
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vs.
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PETROLIAM NASIONAL BERHAD,
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Counterclaim Defendant.
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DECL. OF J. FIORINO
ISO BILL OF COSTS RE PETRONAS’S CLAIMS
Case No. 4:09-cv-05939-PJH
-1-
CASE NO.: 09-CV-5939 PJH
DECLARATION OF JOSEPH G.
FIORINO IN SUPPORT OF GO
DADDY’S BILL OF COSTS RE
PETRONAS’S CLAIMS
Honorable Phyllis J. Hamilton
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I, Joseph G. Fiorino, declare and state as follows:
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1.
I am an attorney duly licensed to practice before this Court and employed by
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Wilson Sonsini Goodrich & Rosati (“WSGR”), counsel to Defendant and Counterclaimant
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GoDaddy.com, Inc. (“Go Daddy”) in this action. I have personal knowledge of the facts set forth
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herein, and if called as a witness, could and would testify thereto.
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2.
I have reviewed the invoices from WSGR to Go Daddy for costs incurred in
relation to the claims asserted by Petroliam Nasional Berhad (“Petronas”).
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I verify that all costs in Go Daddy’s Bill of Costs re Petronas’s Claims (“Bill of
Costs”) submitted herewith were necessarily incurred in this action and recoverable under 28
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U.S.C. §1920, Civil Local Rule 54-3, and relevant case law, and that the services for which fees
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have been charged were actually and necessarily performed. The statement that the costs in Go
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Daddy’s Bill of Costs are recoverable is based on relevant judicial decisions including, without
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limitation, Parrish v. Manatt, Phelps & Phillips, LLP, No. C 10-03200 WHA, 2011 WL 1362112,
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at *2 (N.D. Cal. Apr. 11, 2011) (holding that costs incurred for “reproduction, scanning,
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[conversion,] and imaging of client documents ‘for review and potential production’ or ‘for initial
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production’ . . . are properly recoverable”); Service Employees Intern. Union v. Rosselli, No. C 09-
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00404 WHA, 2010 WL 4502176 at *3-4 (N.D. Cal. Nov. 1, 2010) (rejecting argument “that the
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cost of trial exhibits and electronic discovery production should not be recoverable”; overruling
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objections to reporter’s invoices listing “‘rough disk’ fees, ‘expedited’ services charges, parking
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reimbursements, charges for court reporter ‘waiting time,’ charges for court reporter ‘before/after
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hours,’ delivery costs, appearance and travel fees, ‘video digitizing to DVD[s],’ and ‘video
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synchronizing’”; and awarding over $200,000 in costs); Hynix Semiconductor Inc. v. Rambus Inc.,
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697 F. Supp. 2d 1139 (N.D. Cal. 2010) (“The cost of videotaping, including video technicians
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fees, as well as the cost of a copy of the videotape and written transcript are taxable costs”;
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awarding over $760,000 in costs); Cargill Inc. v. Progressive Dairy Solutions, Inc., No. CV–F–
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07–0349, 2008 WL 5135826, at *6 (E.D. Cal. Dec. 8, 2008) (where “case management was done
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electronically because of the volume of documents, [and] scanning of documents was necessary to
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provide an adequate defense to the several motions and trial presentation,” such costs were
DECL. OF J. FIORINO
ISO BILL OF COSTS RE PETRONAS’S CLAIMS
Case No. 4:09-cv-05939-PJH
-2-
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recoverable); Hecker v. Deere & Co., 556 F.3d 575 (7th Cir. 2009) (finding no abuse of discretion
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in district court awarding costs to defendant in the amount of $164,814.43 for converting
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computer data into readable format in response to plaintiffs’ discovery requests); Race Tires Am.,
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Inc. v. Hoosier Racing Tire Corp., No. 2:07-CV-1294, 2011 WL 1748620, at *9-12 (W.D. Pa.
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May 6, 2011) (awarding over $370,000 in electronic discovery costs where defendants “created a
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litigation database for the purpose of complying with the e-discovery requirements . . . engaged
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computer experts to forensically collect and image hard drives, scan documents to create
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electronic images, process and index electronic discovery data, extract the required metadata fields
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from electronic records, enable documents to be OCR searchable, and convert documents to the
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required .tif format”); Neutrino Dev. Corp. v. Sonosite, Inc., No. H–01–2484, 2007 WL 998636 at
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*4 (S.D. Tex. Mar. 30, 2007) (where electronic data was produced by agreement, in lieu of paper
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copies, the cost of production was recoverable under § 1920).
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4.
I verify that all costs included in Go Daddy’s Bill of Costs are fairly attributed to
the claims asserted by Petronas in this litigation.
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The invoices supporting Go Daddy’s Bill of Costs are attached as Exhibit C to Go
Daddy’s Bill of Costs.
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All but three of the depositions included in Go Daddy’s Bill of Costs were required
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pursuant to Petronas’s own deposition notices, including the depositions of Go Daddy employees
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Jeff Munson, Jeff Roling, Laurie Anderson, Jessica Hanyen (for two separate depositions), Rod
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Simonini, Linda Jett, Ronald Hertz, Matthew Bilunes, Camile Ede, and Tracy Carlson. The
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breadth of the Rule 30(b)(6) deposition notice served by Petronas on Go Daddy on September 21,
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2011, seeking deposition testimony on 37 topics, made extensive deposition testimony and the
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corresponding costs related thereto unavoidable.
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The other depositions included in Go Daddy’s Bill of Costs—and the only
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depositions noticed by Go Daddy—consist of the depositions of Petronas’s Rule 30(b)(6) witness,
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Yeoh Suat Gaik, and Petronas’s two expert witnesses, Tina Dam and Kevin Fitzsimmons. These
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depositions were necessary for Go Daddy to discover the merits of Petronas’s claims against it.
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DECL. OF J. FIORINO
ISO BILL OF COSTS RE PETRONAS’S CLAIMS
Case No. 4:09-cv-05939-PJH
-3-
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The information obtained during these depositions has been used by Go Daddy in its successful
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motion for summary judgment as to Petronas’s claims.
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All of the costs included in Go Daddy’s Bill of Costs for reproducing documents
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for use in the case were necessary and related to disclosure or formal discovery documents and
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exhibits to depositions. Over the course of the litigation Petronas served 4 rounds of document
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requests on Go Daddy, including 57 individual document requests. In several instances Petronas’s
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document requests were extremely broad (e.g., Document Request No. 20 seeks “all documents
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that describe or concern the reason or basis for the statement ‘ICANN, the managing body of
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internet, domain name registrars, specifically prohibits domain name registrars from becoming
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involved in disputes over domain ownership in their Uniform Domain Name Dispute Resolution
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Policy’…”; Document Request No. 52 seeks “all documents related to services provided by Go
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Daddy to the registrant of the disputed domain names”). Go Daddy’s responses to Petronas’s
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numerous requests and its resulting document productions necessitated the reproduction of
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documents, many of which were also utilized in connection with depositions.
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All of the costs included in Go Daddy’s Bill of Costs for “preparing [a]
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demonstrative diagram” were necessarily incurred to prepare a visual aid (in the form of an
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enlarged exhibit) to assist the Court in understanding the complex litigation timeline of the case.
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This demonstrative diagram was used during the December 7, 2011 hearing on Go Daddy’s
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successful motion for summary judgment.
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I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct. Executed February 29, 2012, at Palo Alto, California.
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By: /s/ Joseph G. Fiorino
Joseph G. Fiorino
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DECL. OF J. FIORINO
ISO BILL OF COSTS RE PETRONAS’S CLAIMS
Case No. 4:09-cv-05939-PJH
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