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

Filing 140

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

Doc. 140

Case 5:03-cv-05340-JF

Document 140

Filed 07/12/2006

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KEKER & VAN NEST, LLP MICHAEL H. PAGE - #154913 MARK A. LEMLEY - #155830 KLAUS H. HAMM - #224905 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff and Counter Defendant GOOGLE INC. and Third-Party Defendants ASK JEEVES, INC. and EARTHLINK, 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., AMERICA ONLINE, INC., NETSCAPE COMMUNICATIONS CORPORATION, COMPUSERVE INTERACTIVE SERVICES, INC., ASK JEEVES, INC. and EARTHLINK, INC., Counter Defendant/ Third-Party Defendants.

Case No. C 03-5340-JF (RS) NOTICE OF MOTION AND MOTION FOR ADMINISTRATIVE RELIEF SEEKING AN ORDER SEALING DOCUMENTS FOR FILING IN RELATION TO GOOGLE INC.'S OPPOSITION TO AMERICAN BLIND & WALLPAPER FACTORY, INC.'S MOTION TO COMPEL AND FOR SANCTIONS PURSUANT TO F.R.C.P. 37(a) Date: Time: Dept: Judge: August 9, 2006 9:30 a.m. 4 Honorable Richard Seeborg November 26, 2003

Date Comp. Filed:

Trial Date: May 15, 2007

376897.01

NOTICE OF MOTION AND MOTION FOR ADMINISTRATIVE RELIEF SEEKING AN ORDER SEALING DOCUMENTS FOR FILING IN RELATION TO GOOGLE'S OPPOSITION TO AMERICAN BLIND & WALLPAPER FACTORY, INC.'S MOTION TO COMPEL AND FOR SANCTIONS PURSUANT TO F.R.C.P. 37(a) CASE NO. C 03-5340-JF (RS)

Dockets.Justia.com

Case 5:03-cv-05340-JF

Document 140

Filed 07/12/2006

Page 2 of 2

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NOTICE OF MOTION AND MOTION FOR ADMINISTRATIVE RELIEF SEALING DOCUMENTS TO ALL PARTIES AND THEIR COUNSEL OF RECORD: Pursuant to Civil Local Rules 79-5(b) and 7-11(a), Plaintiff Google Inc. ("Google") hereby gives notice to all counsel of record of its Motion for Administrative Relief Seeking an Order Sealing Documents For Filing in Relation to Google's Opposition to American Blind & Wallpaper Factory, Inc.'s Motion to Compel and For Sanctions Pursuant to F.R.C.P. 37(a) (the "Administrative Motion"). By way of this Administrative Motion, Google requests an order sealing: documents that were designated "CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" and "CONFIDENTIAL" by Google pursuant to the Stipulated Protective Order signed by all parties to this litigation and approved by the Court on September 19, 2005 ("Protective Order"). These documents are collectively referred to as the "Confidential Documents." Google has included the Confidential Documents as Exhibit A, Exhibit C, and Exhibit D to the Declaration of Klaus H. Hamm in Support of Google's Opposition Brief ("Hamm Decl."). For this reason, Google now requests permission to file under seal these Exhibits A, C and D.

Respectfully submitted, Dated: July 12, 2006 KEKER & VAN NEST, LLP

By: _______/s/ Klaus H. Hamm________ KLAUS H. HAMM

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NOTICE OF MOTION AND MOTION FOR ADMINISTRATIVE RELIEF SEEKING AN ORDER SEALING DOCUMENTS FOR FILING IN RELATION TO GOOGLE'S OPPOSITION TO AMERICAN BLIND & WALLPAPER FACTORY, INC.'S MOTION TO COMPEL AND FOR SANCTIONS PURSUANT TO F.R.C.P. 37(a) CASE NO. C 03-5340-JF (RS)

376897.01