Google Inc. v. American Blind & Wallpaper Factory, Inc.

Filing 106

Google Inc. v. American Blind & Wallpaper Factory, Inc.

Doc. 106

Case 5:03-cv-05340-JF

Document 106

Filed 06/08/2006

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KEKER & VAN NEST, LLP MICHAEL H. PAGE - #154913 MARK A. LEMLEY - #155830 KLAUS H. HAMM - #224905 AJAY S. KRISHNAN - #222476 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff and Counter Defendant GOOGLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

GOOGLE INC., a Delaware corporation, Plaintiff, v. AMERICAN BLIND & WALLPAPER FACTORY, INC., a Delaware corporation d/b/a decoratetoday.com, Inc., and DOES 1100, inclusive, Defendants. AMERICAN BLIND & WALLPAPER FACTORY, INC., a Delaware corporation d/b/a decoratetoday.com, Inc., Counter Plaintiff, v. GOOGLE INC., Counter Defendant.

Case No. C 03-5340-JF (EAI) GOOGLE INC.'S NOTICE OF MOTION AND MOTION FOR ORDER SHORTENING TIME FOR BRIEFING AND HEARING ON COUNTERDEFENDANT GOOGLE INC.'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION TO COMPEL COUNTERPLAINTIFF ABWF TO (1) PRODUCE DOCUMENTS, (2) PRODUCE AN AFFIDAVIT DETAILING ABWF'S DOCUMENT COLLECTION EFFORTS, AND (3) SCHEDULE DEPOSITIONS Courtroom: 4 Judge: Hon. Richard Seeborg

374762.01

GOOGLE INC.'S NOTICE OF MOTION AND MOTION FOR ORDER SHORTENING TIME ON COUNTER-DEFENDANT GOOGLE INC.'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION TO COMPEL COUNTER-PLAINTIFF ABWF TO (1) PRODUCE DOCUMENTS, (2) PRODUCE AN AFFIDAVIT DETAILING ABWF'S DOCUMENT COLLECTION EFFORTS, AND (3) SCHEDULE DEPOSITIONS CASE NO. C 03-5340-JF (EAI)

Dockets.Justia.com

Case 5:03-cv-05340-JF

Document 106

Filed 06/08/2006

Page 2 of 2

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: YOU ARE HEREBY GIVEN NOTICE THAT plaintiff and counter-defendant Google Inc. ("Google"), pursuant to Civil Local Rule 6-3, hereby moves this Court to establish the following briefing and hearing schedule for Google's accompanying motion to compel counterplaintiff ABWF to (1) produce documents, (2) produce an affidavit detailing ABWF's document collection efforts, and (3) schedule depositions: · · · The opposition brief will be filed no later than June 13, 2006 The reply brief will be filed no later than June 16, 2006 The hearing will be held on Wednesday, June 21, 2006

Plaintiff Google also moves this Court to render a decision on the accompanying motion to compel as soon as possible. This expedited schedule is justified by the upcoming discovery cut-off of June 27, 2006, and the fact that ABWF's consistent stalling tactics have created the need for expedited relief. The reasons for granting this motion and the other issues identified in Civil Local Rule 6-3(a) are addressed with particularity in the accompanying Declaration of Ajay S. Krishnan in Support of Motion for Order Shortening Time for Motion to Compel. This motion to shorten time is based on this Notice of Motion and Motion, the Declaration of Ajay S. Krishnan in Support of Motion for Order Shortening Time for Motion to Compel, and the pleadings, papers, records and documents filed in this action, as well as any further matters that may be presented to the Court prior to its ruling on this Motion. Dated: June 8, 2006 KEKER & VAN NEST, LLP

By: ________/s/ Ajay S. Krishnan_____________ AJAY S. KRISHNAN Attorneys for Plaintiff and Counter Defendant GOOGLE INC.

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GOOGLE INC.'S NOTICE OF MOTION AND MOTION FOR ORDER SHORTENING TIME ON COUNTER-DEFENDANT GOOGLE INC.'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION TO COMPEL COUNTER-PLAINTIFF ABWF TO (1) PRODUCE DOCUMENTS, (2) PRODUCE AN AFFIDAVIT DETAILING ABWF'S DOCUMENT COLLECTION EFFORTS, AND (3) SCHEDULE DEPOSITIONS CASE NO. C 03-5340-JF (EAI)

374762.01