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

Filing 146

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

Doc. 146

Case 5:03-cv-05340-JF

Document 146

Filed 07/13/2006

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KELLEY DRYE & WARREN LLP 333 WEST WACKER DRIVE SUITE 2600 CHICAGO, IL 60606

Robert N. Phillips (SBN 120970) Ethan B. Andelman (SBN 209101) HOWREY, LLP 525 Market Street, Suite 3600 San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] David A. Rammelt (Admitted Pro Hac Vice) Susan J. Greenspon (Admitted Pro Hac Vice) KELLEY DRYE & WARREN LLP 333 West Wacker Drive, Suite 2600 Chicago, IL 60606 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant/Counter-Plaintiff AMERICAN BLIND AND WALLPAPER FACTORY, 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-Defendants. TO ALL PARTIES OF RECORD AND THEIR COUNSEL YOU ARE HEREBY GIVEN NOTICE that Defendant/Counter-Plaintiff American Blind and Wallpaper Factory, Inc. ("American Blind"), pursuant to Civil Local Rule 6-3, hereby moves
CASE NO.: C03-5340-JF(RS) NOTICE OF MOTION & MOTION FOR ORDER SHORTENING TIME
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Case No. C 03-5340-JF (RS) NOTICE OF MOTION AND MOTION FOR ORDER SHORTENING TIME FOR BRIEFING AND HEARING ON ITS MOTION TO COMPEL GOOGLE TO RESPOND TO DISCOVERY TIMELY SERVED GIVEN THE CURRENT CUTOFF DATE OF AUGUST 26, 2006

Date: TBD Time: TBD Courtroom: 4 Judge: Hon. Richard Seeborg

Dockets.Justia.com

Case 5:03-cv-05340-JF

Document 146

Filed 07/13/2006

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KELLEY DRYE & WARREN LLP 333 WEST WACKER DRIVE SUITE 2600 CHICAGO, IL 60606

this Court to establish the following briefing and hearing schedule for American Blind's accompanying Motion To Compel Google To Respond To Discovery Timely Served Given The Current Cutoff Date Of August 26, 2006: o The opposition brief will be filed no later than July 26, 2006 o The reply brief will be filed no later than July 31, 2006 o The hearing will be held on Wednesday, August 9, 20061 American Blind also requests this Court render a decision on the accompanying motion as soon as possible. As required by the Local Rule, this motion is supported by the accompanying Declaration of Caroline C. Plater, and the following argument: The shortened schedule sought is justified because the Motion To Compel Google To Respond To Discovery Timely Served Given The Current Cutoff Date Of August 26, 2006 must be heard before the extension of fact discovery expires so there is enough time for Google to respond to the discovery served by American Blind (and produce witnesses) should the Court order that such discovery was timely. If the matter is not heard in shortened time, the requested relief would be moot with regard to the current August 26, 2006 discovery deadline and the parties would be faced with seeking another extension of fact discovery in order to accommodate the completion of the discovery at issue in the pending motion. Although American Blind has sought Google's consent to the shortened schedule set forth above, Google has refused to stipulate. Its sole objection, though, is that it does not understand the nature of the underlying motion (or, possibly, that it disagrees with the relief requested in the underlying motion). (See Plater Decl., Ex. A.) This reason does not explain why this motion should not be heard on shortened time. Neither Google nor the Court would be under significant time pressure should the proposed schedule be adopted. Hearing this motion on August 9, 2006 is reasonable, given that there is a pending motion in this case scheduled to be heard by Judge Seeborg, and it is
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American Blind currently has another motion set to be heard on August 9, 2006 at 9:30 a.m. before Judge Seeborg. -2-

CASE NO.: C03-5340-JF(RS) NOTICE OF MOTION & MOTION FOR ORDER SHORTENING TIME
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Case 5:03-cv-05340-JF

Document 146

Filed 07/13/2006

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KELLEY DRYE & WARREN LLP 333 WEST WACKER DRIVE SUITE 2600 CHICAGO, IL 60606

significantly in advance of the discovery cutoff that Google could respond to any outstanding discovery without the need for further adjustment of the discovery period. The briefing schedule proposed by American Blind provides Google with nearly two weeks to file its opposition (nearly the same time it would have under a fully noticed motion), and gives American Blind only 3 business days to prepare and file its response (i.e., 40% less time than under the normal schedule). The Court would have a week and a half to review and digest the papers before the hearing, which should be sufficient given the uncomplicated nature of the motion. For these reasons, American Blind respectfully requests that the Court enter the above schedule for the briefing and hearing of its Motion To Compel Google To Respond To Discovery Timely Served Given The Current Cutoff Date Of August 26, 2006. Dated: July 13, 2006 HOWREY LLP

By:__/s/ Ethan B. Andelman___________ Robert N. Phillips (SBN 120970) Ethan B. Andelman (SBN 209101) HOWREY SIMON ARNOLD & WHITE, LLP 525 Market Street, Suite 3600 San Francisco, CA 94105 David A. Rammelt (Admitted Pro Hac Vice) Susan J. Greenspon (Admitted Pro Hac Vice) KELLEY DRYE & WARREN LLP 333 West Wacker Drive, Suite 2600 Chicago, IL 60606 Attorneys for Defendant/Counter-Plaintiff AMERICAN BLIND AND WALLPAPER FACTORY, INC.

CASE NO.: C03-5340-JF(RS) NOTICE OF MOTION & MOTION FOR ORDER SHORTENING TIME
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