Streetspace, Inc v. Google, Inc. et al

Filing 46

Ex Parte MOTION for Leave to File a Sur-Reply to Streetspace's Reply in Support of Motion to Disqualify Counsel by Millennial Media, Inc. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of John Kyle, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C)(Kyle, John) (kaj).

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COOLEY LLP
JOHN S. KYLE (CA 199196)
[e-mail]
4401 Eastgate Mall
San Diego, California 92121
Telephone: (858)
550-6000
Facsimile: (858)
550-6420
FRANK V. PIETRANTONIO (pro hac vice)
[e-mail]
CHRISTOPHER C. CAMPBELL (pro hac vice)
[e-mail]
One Freedom Square
11951 Freedom Drive
Reston, VA 20190-5656
Telephone: (703)
456-8000
Facsimile: (703)
456-8100
Attorneys for Defendants
MILLENNIAL MEDIA, INC.

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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STREETSPACE, INC.,
Plaintiff,

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v.
GOOGLE INC.; ADMOB, INC.; APPLE
INC.; QUATTRO WIRELESS, INC.; NOKIA
CORPORATION; NOKIA INC.; NAVTEQ
CORPORATION; MILLENNIAL MEDIA,
INC.; JUMPTAP, INC.; and DOES 1 through
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Defendants.

Case No. 3:10-CV-01757-LAB-WMC
DECLARATION OF JOHN S. KYLE
IN SUPPORT OF MILLENNIAL
MEDIA’S EX PARTE MOTION FOR
LEAVE TO FILE A SUR-REPLY TO
STREETSPACE’S REPLY IN
SUPPORT OF MOTION TO
DISQUALIFY COUNSEL;
Date: TBD
Time: TBD
Courtroom: 9, 2nd Floor
Judge:
Hon. Larry Alan Burns

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COOLEY LLP
ATTORNEYS AT LAW

DECLARATION OF JOHN S. KYLE ISO MILLENNIAL
MEDIA’ EX PARTE MOTION FOR LEAVE TO FILE A
SUR-REPLY

Case No. 10-cv-1757-LAB-AJB

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I, John S. Kyle, hereby declare as follows:

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1.

I am counsel to Defendant Millennial Media, Inc. (“Millennial Media”) in the case

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Streetspace v. Google et al., Case No. 3:10-CV-01757-LAB-AJB. I am an attorney licensed to

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practice in the State of California. I provide this declaration in support of Millennial Media’s Ex

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Parte Motion to Leave to to File a Sur-Reply. If called to testify regarding the contents of this

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declaration, I could competently testify thereto.

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2.

I believe there is good cause for the Court to consider Millennial Media’s sur-reply

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in order to correct the record and to maintain the highest standards of professionalism expected of

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the lawyers who practice before this Court as required by Local Rule 83.4.

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3.

On March 11, 2011, I provided written notice of Millennial Media’s intent to

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submit this ex parte motion to Streetspace’s counsel. Exhibit A is a true and correct copy of the

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March 11, 2011 letter from John S. Kyle to Trevor Q. Coddington, Streetspace’s counsel. As of

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the time this application was filed, Streetspace has not indicated whether it intends to oppose

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Streetspace’s ex parte motion.

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4.

Exhibit B is a true and correct copy of Millennial Media’s Sur-Reply to

Streetspace’s Reply in Support of Motion to Disqualify Counsel.
5.

Exhibit C is a true and correct copy of the Sur-Reply Declaration of Christopher

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Campbell in support of Millennial Media’s Sur-Reply to Streetspace’s Reply in Support of

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Motion to Disqualify Counsel.

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I declare under penalty of perjury under the laws of the United States of America that the
foregoing is tue and correct.

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Dated: March 14, 2011

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/s/ John S. Kyle

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By: JOHN S. KYLE

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COOLEY LLP
ATTORNEYS AT LAW

DECLARATION OF JOHN S. KYLE ISO MILLENNIAL
MEDIA’ EX PARTE MOTION FOR LEAVE TO FILE A
SUR-REPLY

1.

Case No. 10-cv-1757-LAB-AJB

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CERTIFICATE OF SERVICE

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The undersigned hereby certifies that a true and correct copy of the above and foregoing

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document has been served on March 14, 2011, to all counsel of record who are deemed to have

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consented to electronic service via the Court’s CM/ECF system per Civil Local Rule 5.4. Any

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counsel of record who have not consented to electronic service through the Court’s CM/ECF

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system will be served by electronic mail, first class mail, facsimile and/or overnight delivery.

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/s/ John Kyle_________
John Kyle, Esq.

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COOLEY LLP
ATTORNEYS AT LAW

DECLARATION OF JOHN S. KYLE ISO MILLENNIAL
MEDIA’ EX PARTE MOTION FOR LEAVE TO FILE A
SUR-REPLY

2.

Case No. 10-cv-1757-LAB-AJB