Black et al v. Google Inc.

Filing 25

OBJECTIONS to re 23 Plaintiffs' Declaration for Damages by Google Inc.. (Kramer, David) (Filed on 8/10/2010) Modified on 8/11/2010 (cp, COURT STAFF).

Black et al v. Google Inc.

Doc. 25

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DAVID H. KRAMER, State Bar No. 168452 BART E. VOLKMER, State Bar No. 223732 JACOB T. VELTMAN, State Bar No. 247597 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendant Google Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION GARY BLACK, et al., Plaintiffs, v. GOOGLE INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. C 10-02381 CW DEFENDANT GOOGLE INC.'S OBJECTION TO PLAINTIFFS' DECLARATION FOR DAMAGES Hearing Date: August 12, 2010 Hearing Time: 2:00 p.m. Courtroom: 2 (Hon. Claudia Wilken) [MATTER SUBMITTED ON THE PAPERS]

DEF. GOOGLE INC.'S OBJECTIONS TO PLFS.' DECL FOR DAMAGES; CASE NO. C 10-02381 CW

Dockets.Justia.com

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On August 5, 2010, Plaintiffs filed a "Declaration for Damages," presumably in support of their motion for judgment on the pleadings. This declaration is the latest in a series of procedurally improper pleadings Plaintiffs have submitted in this matter, and Google hereby objects to it in its entirety. First, Plaintiffs' motion for judgment on the pleadings is itself procedurally improper because Google has not filed an answer in this case. (Doc. No. 17 at 1 (citing Doe v. United States, 419 F.3d 1058, 1061 (9th Cir. 2005)). A declaration supporting a premature motion is necessarily objectionable. Second, when deciding a motion for judgment on the pleadings, the Court may only consider the allegations contained in the pleadings and "facts that `are contained in materials of which the court may take judicial notice.'" Heliotrope Gen., Inc. v. Ford Motor Co., 189 F.3d 971, 981 n.18 (9th Cir. 1999). Plaintiffs' declaration consists of rambling, conclusory, and legally insufficient damages allegations and is unsuitable for judicial notice. See FED. R. EVID. 201(b). Third, Plaintiffs' declaration violates the Federal Rules of Evidence, including Rules 401-402 (relevance), Rule 602 (personal knowledge), Rule 701 (proper lay witness testimony), Rule 802 (hearsay) and Rule 1002 (best evidence rule). For these reasons, Google respectfully requests that the Court strike or disregard Plaintiffs' "Declaration for Damages."

Respectfully submitted, Dated: August 10, 2010 WILSON SONSINI GOODRICH & ROSATI Professional Corporation By: s/ David H. Kramer David H. Kramer

Attorneys for Defendant Google Inc.

DEF. GOOGLE INC.'S OBJECTIONS TO PLFS.' DECL FOR DAMAGES; CASE NO. C 10-02381 CW

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I, Deborah Grubbs, declare: I am employed in Santa Clara County, State of California. I am over the age of 18 years and not a party to the within action. My business address is Wilson Sonsini Goodrich & Rosati, 650 Page Mill Road, Palo Alto, California 94304-1050. On this date I served: DEFENDANT GOOGLE INC.'S OBJECTION TO PLAINTIFFS' DECLARATION FOR DAMAGES VIA U.S. MAIL: By placing the document(s) in a sealed envelope for collection and mailing with the United States Postal Service on this date addressed to the person(s) listed below. I am familiar with our business practices for collecting and processing of mail for the United States Postal Service. Mail placed by me within the office for collection for the United States Postal Service would normally be deposited with the United States Postal Services that same day in the ordinary course of business. NON-ECF FILERS Gary Black Holli BeamBlack 101 Auld Court Green Valley Falls, CA 94534 BY E-MAIL: by causing to be transmitted via e-mail the document(s) listed above to the addressee(s) at the e-mail address(es) listed below. NON-ECF FILERS Gary Black Holli BeamBlack Email: [e-mail] I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed at Palo Alto, California on August 10, 2010. /s Deborah Grubbs Deborah Grubbs

CERTIFICATE OF SERVICE CASE NO.: C 10-02381 CW

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