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

Filing 241

Proposed Order re 238 MOTION for Sanctions Notice of Motion and Motion for Terminating, Evidentiary, and Monetary Sanctions Against ABWF for Spoliation of Evidence by Google Inc., Google Inc.. (Krishnan, Ajay) (Filed on 12/26/2006)

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Google Inc. v. American Blind & Wallpaper Factory, Inc. Doc. 241 Case 5:03-cv-05340-JF Document 241 Filed 12/26/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KEKER & VAN NEST, LLP MICHAEL H. PAGE - #154913 MARK A. LEMLEY - #155830 KLAUS H. HAMM - #224905 AJAY S. KRISHNAN - #222476 710 Sansome Street San Francisco, CA 94111-1704 Telephone: (415) 391-5400 Facsimile: (415) 397-7188 Attorneys for Plaintiff and Counter Defendant GOOGLE 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-Defendant. Case No. C 03-5340-JF (RS) [PROPOSED] ORDER RE GOOGLE'S MOTION FOR TERMINATING, EVIDENTIARY, AND MONETARY SANCTIONS AGAINST ABWF FOR SPOLIATION OF EVIDENCE Date: January 30, 2007 Time: 9:00 a.m. Courtroom: 3, 5th Floor Judge: Hon. Jeremy Fogel 386670.01 [PROPOSED] ORDER RE GOOGLE'S MOTION FOR TERMINATING, EVIDENTIARY, AND MONETARY SANCTIONS AGAINST ABWF FOR SPOLIATION OF EVIDENCE CASE NO. C 03-5340-JF (RS) Dockets.Justia.com Case 5:03-cv-05340-JF Document 241 Filed 12/26/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff and counter-defendant Google Inc.'s ("Google") Motion for Terminating, Evidentiary, and Monetary Sanctions Against American Blind and Wallpaper Factory, Inc. ("ABWF") for Spoliation of Evidence was heard by this Court on January 30, 2007, at 9:00 a.m. Upon reviewing the papers submitted by the parties, hearing the argument of counsel, and good cause appearing therefor, Google's motion is GRANTED. In light of ABWF's spoliation of evidence, each and every one of ABWF's causes of action is DISMISSED. [Alternatively:] In light of ABWF's spoliation of evidence, preclusion and adverse inference sanctions shall issue on each of the following factual issues raised in this case: _____________________. The precise wording of the preclusion and adverse inferences instruction will be determined prior to trial. As a monetary sanction for spoliation of evidence, ABWF shall pay Google's costs and reasonable attorneys fees for bringing this motion. Google shall submit to ABWF an assessment of its fees no later than _______________, 2007. IT IS SO ORDERED. Dated: _______________, 2007 _______________________________ Hon. Jeremy Fogel Judge of the United States District Court 1 386670.01 [PROPOSED] ORDER RE GOOGLE'S MOTION FOR TERMINATING, EVIDENTIARY, AND MONETARY SANCTIONS AGAINST ABWF FOR SPOLIATION OF EVIDENCE CASE NO. C 03-5340-JF (RS)

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