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

Filing 273

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

Doc. 273

Case 5:03-cv-05340-JF

Document 273

Filed 02/02/2007

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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: [phone] Facsimile: [phone] 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) SUPPLEMENTAL DECLARATION OF AJAY S. KRISHNAN IN SUPPORT OF GOOGLE'S MOTION FOR TERMINATING, EVIDENTIARY AND MONETARY SANCTIONS AGAINST ABWF FOR SPOLIATION OF EVIDENCE Date: February 16, 2007 Time: 9 a.m. Courtroom: 3, 5th Floor Judge: Hon. Jeremy Fogel

389197.01

SUPPLEMENTAL DECLARATION OF AJAY S. KRISHNAN IN SUPPORT OF GOOGLE'S MOTION FOR TERMINATING, EVIDENTIARY AND MONETARY SANCTIONS FOR SPOLIATION OF EVIDENCE
CASE NO. C 03-5340-JF (RS)

Dockets.Justia.com

Case 5:03-cv-05340-JF

Document 273

Filed 02/02/2007

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I, Ajay S. Krishnan, declare as follows: 1. I am an attorney at the firm of Keker & Van Nest LLP, counsel for Plaintiff and

Counter-Defendant Google Inc., and am admitted to practice before this Court. I make this supplemental declaration in support of Google's Motion for Terminating, Evidentiary and Monetary Sanctions Against American Blind & Wallpaper Factory, Inc. ("ABWF") for Spoliation of Evidence. Unless otherwise stated, I know the facts stated herein of my personal knowledge and if called as a witness, I would testify competently thereto. 2. Attached hereto as Exhibit A is a true and correct copy of a letter from me to

ABWF attorney Caroline Plater, dated July 21, 2006. 3. Attached hereto as Exhibit B is a true and correct copy of a letter from Ms. Plater

to me, dated July 26, 2006. 4. Attached hereto as Exhibit C is a true and correct copy of an email exchange

between Google attorney Michael Page and ABWF attorney David Rammelt, on which I was copied, and which was dated January 23, 2007. 5. On December 5, 2006, Ms. Plater sent me a PDF copy of the Declaration of Joel

Levine by email. Exhibit E of Declaration of Susan Greenspon in Support of Defendant American Blind and Wallpaper Factory, Inc.'s Opposition to Google Inc.'s Motion for Terminating, Evidentiary, and Monetary Sanctions Against ABWF for Spoliation of Evidence (Docket Item No. 258) appears to be a true and correct copy of that declaration. I state under penalty of perjury of the laws of the United States of American that the foregoing statements are true and correct. Executed February 2, 2007, at San Francisco, California.

/s/ Ajay S. Krishnan AJAY S. KRISHNAN

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389197.01

SUPPLEMENTAL DECLARATION OF AJAY S. KRISHNAN IN SUPPORT OF GOOGLE'S MOTION FOR TERMINATING, EVIDENTIARY AND MONETARY SANCTIONS FOR SPOLIATION OF EVIDENCE
CASE NO. C 03-5340-JF (RS)