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)
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
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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
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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.
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/s/ Klaus H. Ham KLAUS H. HAMM
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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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