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

Filing 163

Declaration of Klaus H. Hamm In Support of Google Inc.'s Opposition to Motion to Compel filed byGoogle Inc.. (Attachments: # 1 Exhibit A-L# 2 Exhibit M-X)(Hamm, Klaus) (Filed on 8/16/2006)

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Google Inc. v. American Blind & Wallpaper Factory, Inc. Doc. 163 Case 5:03-cv-05340-JF Document 163 Filed 08/16/2006 Page 1 of 5 1 KEKER & V AN NEST, LLP MICHAEL H. PAGE - #154913 2 MAR A. LEMLEY - #155830 KLAUS H. HAMM - #224905 3 AJA Y S. KRSHNAN - #222476 710 Sansome Street 4 San Francisco, CA 94111-1704 Telephone: (415) 391-5400 5 Facsimile: (415) 397-7188 6 Attorneys for Plaintiff and Counter Defendant GOOGLE INC. 7 8 UNTED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 10 13 v. 16 12 Plaintiff, 11 GOOGLE INC., a Delaware corporation, 100, inclusive, Case No. C 03-5340-JF (RS) DECLARTION OF KLAUS HAMM IN SUPPORT OF GOOGLE INC.'S OPPOSITION TO AMERICAN BLIND AND WALLPAPER FACTORY, INC.'S MOTION TO COMPEL GO OGLE TO RESPOND TO DISCOVERY TIMELY SERVED GIVEN THE CURRNT CUTOFF DATE OF AUGUST 26, 2006 Date: Time: Dept: Judge: September 6, 2006 14 AMERICAN BLIN & W ALLP APER FACTORY, INC., a Delaware corporation 15 d//a decoratetoday.com, Inc., and DOES I- Defendants. 17 AMERICAN BLIN & W ALLP APER 18 FACTORY, INC., a Delaware corporation d//a decoratetoday.com, Inc., 9:30 am 4 Hon. Richard Seeborg 19 Date Compo Filed: November 26, 2003 Counter Plaintiff, 20 v. Trial Date: May 15, 2007 21 GOOGLE INC., AMERICA ONLIN, INC., 22 NETS CAPE COMMUCATIONS CORPORATION, COMPUSERVE 23 INTERACTIVE SERVICES, INC., ASK JEEVES, INC. and EAR THLINK, INC., 24 Counter Defendant/ 25 Third-Partv Defendants. 26 27 28 DECLARATION OF KLAUS H. HAMM IN SUPPORT OF GOOGLE INC.'S OPPOSITION TO AMERICAN BLIND & WALLPAPER FACTORY, INC.'S MOTION TO COMPEL GOOGLE TO RESPOND TO DISCOVERY TIMELY SERVED GIVEN THE CURRNT CUTOFF DATE OF AUGUST 26,2006. CASE NO. C 03-5340-JF (RS) REDACTED VERSION 378892.01 Dockets.Justia.com Case 5:03-cv-05340-JF Document 163 Filed 08/16/2006 Page 2 of 5 i I, Klaus H. Hamm, declare as follows: 2 1. I am an attorney licensed to practice law in the State of California and am an Keker & Van Nest LLP, counsel for Plaintiff 3 associate at the law firm of Google Inc. I am duly 4 admitted to practice law before this Court. Unless otherwise specified, the facts set forth herein 5 are known to me of my personal knowledge, and if called upon I can testify trthfully thereto. 6 American Blind's Correspondence Discovery-Related Durinf! the Two Months 7 Prior to the June 27. 2006 Discoverv Cut-Off! 8 2. On April 18, 2006, I received an email from David Ramelt, who is counsel for 9 American Blind & Wallpaper Factory, Inc. ("American Blind"). In that email.Mr. Ramelt 10 asked me "Who are the three remaining 30(b)(6) witnesses Google intends to produce?" 11 3. On May 1, 2006, I was copied on email correspondence between my colleague 12 Ajay Krshnan and Caroline Plater, who is counsel for American Blind. In that email 13 correspondence, Ms. Plater proposed that Google depose American Blind's Rule 30(b)(6) 14 designee on June 6, 2006. 15 4. On May 9,2006, I received an email from Mr. Rammelt asking if Google has 16 "produced the consumer surey 'experiments' about which Mr. Fuloria testified in the Geico 17 case?" 18 19 make one of 5. On May 11, 2006, I received an email from Mr. Ramelt asking if Google would its 30(b)(6) designees, Rose Hagan, available for deposition on June 13,2006. 6. 20 On May 17,2006, I received an email from Mr. Ramelt contending that Google Deposition and (Third Set of) Document 21 Inc.'s Objections and Responses to Amended Notice of 22 Requests, which Google had served earlier that day were not timely. 23 7. On May 18,2006, I attended a portion of American Blind's Rule 30(b)(6) 24 deposition of Google designee Prashant Fuloria. Mr. Ramelt took that deposition on behalf of 25 American Blind. 26 1 This portion of the declaration describes email correspondence between attorneys for American 27 28 Blind and Google. Pursuant to Magistrate Judge Seeborg's Standing Order, this correspondence is not attached. Google will provide this correspondence to the Court upon request. 1 378892.01 DECLARATION OF KLAUS H. HAM IN SUPPORT OF GOOGLE INC.'S OPPOSITION TO AMERICAN BLIND & WALLPAPER FACTORY, INC.'S MOTION TO COMPEL GOOGLE TO RESPOND TO DISCOVERY TIMELY SERVED GIVEN THE CURRNT CUTOFF DATE OF AUGUST 26, 2006. CASE NO. C 03-5340-JF (RS) Case 5:03-cv-05340-JF Document 163 Filed 08/16/2006 Page 3 of 5 1 List of Attached Exhibits 2 8. Attached hereto as Exhibit A is true and correct copy of the Transcript of 3 Proceedings Before the Honorable Jeremy Fogel on June 23,2006. 4 9. Attached hereto as Exhibit B is a true and correct copy of the Notice of 5 Deposition of Larr Page, dated June 26, 2006. 6 10. Attached hereto as Exhibit C is a true and correct copy of the Notice of 7 Deposition of Sergey Brin, dated June 26, 2006. 8 11. Attached hereto as Exhibit D is a true and correct copy of American Blind and Requests for Admission to Google Inc., dated June 28, 9 Wallpaper Factory Inc.'s First Set of 10 2006. 11 12. Attached hereto as Exhibit E is a true and correct copy of a letter sent to me by 12 Mr. Ramelt, and dated June 30, 2006. 13 13. Attached hereto as Exhibit F is a true and correct copy of Google Inc.'s Deposition of 14 Objections to Notice of Lar Page, dated July 3 i. 2006. Google Inc.'s Objection 15 16 to Notice of 14. Attached hereto as Exhibit G is a true and correct copy of Deposition ofSergey Brin, dated July 31,2006. 15. 17 Attached hereto as Exhibit H is a true and correct copy of Google Inc.' s 18 Objections to American Blind and Wallpaper Factory Inc.'s First Set of Requests for Admission 19 to Google Inc., dated July 31, 2006. 20 16. Attached hereto as Exhibit I is a tre and correct copy of the Notice of Deposition 21 of Britton Mauchline Picciolini, dated August 7, 2006. 22 17. Attached hereto as Exhibit J is a tre and correct copy ofthe Notice of Deposition 23 of Jessica Bluett, dated August 7, 2006. 24 18. Attached hereto as Exhibit K is a true and correct copy of the Notice of 25 Deposition of Jane Butler, dated August 7, 2006. 26 27 Deposition of 19. Attached hereto as Exhibit L is a true and correct copy of the Notice of Rick Steele, dated August 7, 2006. 28 20. Attached hereto as Exhibit M is a tre and correct copy ofthe Notice of 2 378892.01 DECLARATION OF KLAUS H. HAMM 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 Case 5:03-cv-05340-JF Document 163 Filed 08/16/2006 Page 4 of 5 i Deposition of Bismarck Lepe, dated August 7, 2006. 21. 2 Attached hereto as Exhibit N is a tre and correct copy ofthe Notice of 3 Deposition of Lashika Samarasinghe, dated August 7, 2006. 4 22. Attached hereto as Exhibit 0 is a tre and correct copy of the Notice of 5 Deposition of Salar Kamangar, dated August 8, 2006. 6 23. Attached hereto as Exhibit P is a true and correct copy of the Amended Notice of 7 Deposition And Document Requets, dated April 26, 2006. 8 24. Attached hereto as Exhibit Q is a tre and correct copy of email correspondence 9 dated May 26,2006 and Bates numbered ABWF 047376 - ABWF047377. Google has under 10 separate cover requested that this document be filed under seaL. 11 25. Attached hereto as Exhibit R is a tre and correct copy of American Blind & Requests for Admission, 12 Wallpaper Factory, Inc.'s Responses to Google Inc.'s Second Set of 13 dated June 9,2006. 14 26. Attached hereto as Exhibit S is a true and correct copy of American Blind & 15 Wallpaper Factory, Inc.'s Responses to Google Inc.'s Second Set of Requests for Production of 16 Documents and Things, dated June 19,2006. 17 27. Attached hereto as Exhibit T is a tre and correct copy of American Blind & 18 Wallpaper Factory Inc.'s Answer to Google Inc.'s Second Set ofInterrogatories, dated June 19, 19 2006. 20 28. Attached hereto as Exhibit U is a tre and correct copy of American Blind & Civil Procedure 26, 21 Wallpaper Factory, Inc.'s Initial Disclosures Pursuant to Federal Rule of 22 dated April 27, 2005. 29. 23 Attached hereto as Exhibit V is a tre and correct copy of a document Bates 24 labeled GOOGLE 005127 - GOOGLE 005128. Google has under separate cover requested that 25 this document be fied under seaL. 26 30. Attached hereto as Exhibit W is a tre and correct copy of a document Bates 27 labeled GOOGLE 004761 - GOOGLE 004762. Google has under separate cover requested that 28 this document be filed under seaL. 3 DECLARATION OF KLAUS H. HAMM IN SUPPORT OF GOOGLE INC.'S OPPOSITION TO AMERICAN 378892.01 BLIN & W ALLP APER, INC.'S (SIC) MOTION TO AMEND AND EXTEND CASE MANAGEMENT ORDER CASE NO. C 03-5340-JF Case 5:03-cv-05340-JF Document 163 Filed 08/16/2006 Page 5 of 5 1 31. Attached hereto as Exhibit X is at true and correct copy of 2 PlaintifflCounterdefendant Google Inc. and Third-Pary Defendants Ask Jeeves, Inc. and 3 Earhlink. Inc.' s Initial Disclosures Pursuant to Rule 26 of the Federal Rules of Civil Procedure, 4 and dated April 27, 2005. 5 I declare under penalty of peijury under the laws of the United States of America that the 6 foregoing is true and correct. 7 Executed this 16th day of August, 2006, in San Francisco, Californa. 8 9 /s/ Klaus H. Ham KLAUS H. HAMM 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 378892.01 DECLARATION OF KLAUS H. HAMM IN SUPPORT OF GOOGLE INC.'S OPPOSITION TO AMERICAN BLIN & WALLPAPER, INC.'S (SIC) MOTION TO AMEND AND EXTEND CASE MANAGEMENT ORDER CASE NO. C 03-5340-JF

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