Google Inc. v. American Blind & Wallpaper Factory, Inc.
Filing
117
Declaration of MICHAEL H. PAGE In Support of Google Inc.'s Opposition to American Blind & Wallpaper, Inc.s [sic] Motion to Amend and Extend Case Management Order filed byGoogle Inc., Google Inc.. (Hamm, Klaus) (Filed on 6/15/2006)
Google Inc. v. American Blind & Wallpaper Factory, Inc.
Doc. 117
Case 5:03-cv-05340-JF
Document 117
Filed 06/15/2006
Page 1 of 5
1 KEKER & V AN NEST, LLP MICHAELH. PAGE - #154913
2 MAR A. LEMLEY - #155830
KLAUS H. HAMM - #224905
3 AJA Y S. KRSHNAN - #222476
710 Sansome Street
4 San Francisco, CA 94111 - 1 704
Telephone: (415) 391-5400
5 Facsimile: (415) 397-7188
6
Attorneys for Plaintiff and Counter Defendant 7 GOOGLE INC. and Third-Pary Defendants
ASK JEEVES, INC. and EARTHLIN, INC.
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UNTED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORN
13 Plaintiff,
12 GOOGLE INC., a Delaware corporation,
Case No. C 03-5340-JF
14 v.
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15 AMERICAN BLIN & W ALLP APER FACTORY, INC., a Delaware corporation
16 d//a decoratetoday.com, Inc., and DOES I-
DECLARTION OF MICHAEL H. PAGE IN SUPPORT OF GOOGLE INC.'S OPPOSITION TO AMERICAN BLIND & WALLPAPER, INC.'S (SIC) MOTION TO AMEND AND EXTEND CASE
MAAGEMENT ORDER
Date: Time: Dept: Judge:
100, inclusive,
June 23, 2006
9:00 a.m.
Defendants.
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AMERICAN BLIN & W ALLP APER 1 9 FACTORY, INC., a Delaware corporation
d//a decoratetoday.com, Inc.,
Honorable Jeremy Fogel
Date Compo Filed: November 26, 2003
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Trial Date: March 16, 2007
Counter Plaintiff,
v.
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23 NETSCAPE COMMCATIONS
GOOGLE INC., AMERICA ONLIN, INC.,
CORPORATION, COMPUSERVE 24 INTERACTIVE SERVICES, INC., ASK JEEVES, INC. and EARTHLIN, INC.,
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Counter Defendant! Third-Partv Defendants.
375306.01
DECLARA TION OF MICHAEL H. PAGE IN SUPPORT OF GOOGLE INC.'S OPPOSITION TO AMERICAN BLIND & W ALLP APER, INC.' S (SIC) MOTION TO AMEND AND EXTEND CASE MANAGEMENT ORDER CASE NO. C 03-5340-JF Dockets.Justia.com
Case 5:03-cv-05340-JF
Document 117
Filed 06/15/2006
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1 I, Michael H. Page, declare as follows:
2
1.
I am an attorney licensed to practice in the State of California before this Court. I
3 am a parner at the law firm ofKeker & Van Nest, LLP, counsel for Google Inc. in this action.
4 The information below is stated on my own personal knowledge. I am a competent witness to
5 the facts set forth below, and if called as a witness and placed under oath, I would testify to the
6 truth of those facts.
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2.
On May 18, 2006, I defended the deposition ofPrashant Fuloria. That deposition
8 was scheduled to begin at 9:30 a.m. Mr. Fuloria was delayed in traffc, and arved at
9 approximately 10:15 a.m. He was not, as American Blind & Wallpaper Factory, Inc. ("ABWF")
1 0 claims, two hours late. Nonetheless, I readily agreed both to take as short a lunch break as the
11 court reporter needed and to stay late to complete the deposition. When the cour reporter was
12 unable to stay late, I agreed to produce Mr. Fuloria again at a mutually convenient time to
13 complete his deposition.
14
3.
On May 22,2006, David Ramelt, counsel for ABWF, telephoned me. Mr.
15 Ramelt informed me that the ownership of ABWF had recently changed and that its CEO
16 Steve Katzman had resigned. I did not know prior to this conversation that ABWF was
17 considering a management or ownership change, or that one had actually taken place. ABWF
18 had previously informed Google that Mr. Katzman would testify in deposition on June 6, 2006
19 on behalf of ABWF in response to a deposition notice Google had served under Federal Rule of
20 Civil Procedure 30(b)(6). Mr. Rammelt informed me that as a result of
Mr. Katzman's
21 resignation, ABWF was canceling the June 6 deposition, and that it was also canceling the
22 deposition of Rose Hagan, one of
Google's 30(b)(6) designees. Additionally, Mr. Ramelt
23 stated that he would contact me "in a couple of days" regarding scheduling a new Rule 30(b)( 6)
24 deposition.
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4.
After three days passed since my conversation with Mr. Rammelt without him
26 contacting me again, I sent him an email on May 25, 2006, requesting that he provide me with a
27 scheduling proposaL. I thereafter left Mr. Rammelt two voicemails.Mr. Ramelt did not
28 contact me again until he returned my email on June 1,2006. Mr. Rammelts email did not
1
DECLARATION OF MICHAEL H. PAGE IN SUPPORT OF GOOGLE INC.'SOPPOSITION TO AMERICAN 375306.01 BLIND & WALLPAPER, INC.'S (SIC) MOTION TO AMEND AND EXTEND CASE MANAGEMENT ORDER CASE NO. C 03-5340-JF
Case 5:03-cv-05340-JF
Document 117
Filed 06/15/2006
Page 3 of 5
1 provide a proposal for when the 30(b)(6) deposition of ABWF would take place or state when
2 ABWF would produce documents that it had previously stated it would produce. I responded to
3 Mr. Rammelt with an email stating that Google would file a motion to compeL. A true and
4 correct copy ofthe above email correspondence between me and Mr. Ramelt is attached hereto
5 as Exhibit A.
6
5.
On June 1,2006, Susan Greenspon, who is also counsel for ABWF, telephoned
7 me. During this telephone call Ms. Greenspon stated that ABWF would produce the documents
8 it had previously stated it would produce on June 5, 2006. ABWF did not produce any
9 documents to Google until today.
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6.
On June 7, 2006, Ms. Greenspon called me and requested that Google consent to
11 an extension of the case schedule. After consulting with my client, I advised Ms. Greenspon that
12 Google could not agree to another extension.
13 I declare under penalty ofpeijury under the laws of
the United States of America that the
14 foregoing is true and correct.
15 Executed this 15th day of June, 2006, in San Francisco, California.
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/s/ Michael H. Page
MICHAL H. PAGE
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375306.01
DECLARATION OF MICHAEL H. PAGE IN SUPPORT OF GOOGLE INC.'S OPPOSITION TO AMERICAN BLIND & WALLPAPER, INC.'S (SIC) MOTION TO AMEND AND EXTEND CASE MANAGEMENT ORDER CASE NO. C 03-5340-JF (EAI)
Case 5:03-cv-05340-JF
Document 117
Filed 06/15/2006
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EXHIBIT A
. Message
Case 5:03-cv-05340-JF
Document 117
Filed 06/15/2006
Page 5 of 5
Doris Joos
From: Michael Page
Sent: Thursdayi June 011 2006 9:00 AM
To: Rammelt David A. Subject: RE: AB&WF
David:
Thanks for the update. Given the fast-approaching discovery cutoff, I think we will have to file our motion to compel shortly, but let's
work on mooting it. Let me know when you have had time to talk to management.
Mike
From: Rammelt David A. (mailto:DRammelt(QKelleyDrye.comJ
Sent: Thursdayi June 011 2006 7: 15 AM -To: Michael Page
Subject: RE: AB&WF
Mike,
Sorry for the delay. I was in Toronto last week, NY through yesterday, and i am now out therest of this week.
This much I know -- Steve Katzman resigned and a new CEO is in place. We have an employee who is gathering the requested discovery materials. We have a conference call today to find out when we will be in a position to provide the supplementation you
requested.
I have not had a meaningful discussions with new management about the direction they wish to take. i think they are swamped right now with the business. i hope to have something more concrete next week.
-----Original Message---n
From: Michael Page (mailto:MPage(QKVN.comJ
Sent: Thursdayi May 251 2006 8: 16 PM
To: Rammelt David A. Subject: AB&WF
What is status on tHis? You were going to get back to me this week with a scheduling proposal in light of the management
change.
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6/15/2006
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