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

Filing 97

Declaration of Susan J. Greenspon in Support of 96 MOTION to Withdraw as Attorney With Respect To The Third-Party Defendants filed byAmerican Blind & Wallpaper Factory, Inc., American Blind & Wallpaper Factory, Inc.. (Related document(s)96) (Beery, Dawn) (Filed on 3/31/2006)

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Google Inc. v. American Blind & Wallpaper Factory, Inc. Doc. 97 Case 5:03-cv-05340-JF Document 97 Filed 03/31/2006 Page 1 of 3 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 KELLEY DRYE & WARREN LLP 333 WEST WACKER DRIVE SUITE 2600 CHICAGO, IL 60606 David A. Rammelt (Admitted Pro Hac Vice) Susan J. Greenspon (Admitted Pro Hac Vice) Dawn M. Beery (Admitted Pro Hac Vice) KELLEY DRYE & WARREN LLP 333 West Wacker Drive, Suite 2600 Chicago, IL 60606 Telephone: (312) 857-7070 Facsimile: (312) 857-7095 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., AMERICA ONLINE, INC., NETSCAPE COMMUNICATIONS CORPORATION, COMPUSERVE INTERACTIVE SERVICES, INC., ASK JEEVES, INC., and EARTHLINK, INC. Counter-Defendants/ Third-Party Defendants DECLARATION OF SUSAN J. GREENSPON I, Susan J. Greenspon, declare as follows: I am an attorney at the law firm of Kelley Drye & Warren, LLP ("Kelley Drye"), counsel for American Blind & Wallpaper Factory, Inc. in the above-captioned litigation. I am a member in Case No. C 03-5340-JF (RS) CH01/BEERD/171199.1 i DECLARATION OF SUSAN J. GREENSPON C 03-5340 Dockets.Justia.com Case 5:03-cv-05340-JF Document 97 Filed 03/31/2006 Page 2 of 3 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 KELLEY DRYE & WARREN LLP 333 WEST WACKER DRIVE SUITE 2600 CHICAGO, IL 60606 good standing of the State Bar of Illinois. I have personal knowledge of the facts set forth in this Declaration and, if called as a witness, could and would testify competently to such facts under oath. Kelley Drye is in the process of merging with the law firm of Collier Shannon Scott, PLLC ("Collier Shannon"). America Online, Inc. ("AOL") is a client of Collier Shannon. As a result, Kelley Drye can no longer represent American Blind & Wallpaper Factory, Inc. ("American Blind") with respect to its Third-Party Claims against AOL. Accordingly, Kelley Drye is withdrawing as counsel for American Blind with regard to the prosecution of all of the Third-Party Claims. Kelley Drye will continue to represent American Blind with respect to its claims against Google. Howrey LLP ("Howrey") will remain as counsel for American Blind as to all aspects of this litigation, including the prosecution of the Third-Party Claims. Going forward, the Kelley Drye lawyers will not discuss the prosecution of the Third-Party Claims with the Howrey lawyers. The Howrey lawyers are aware and understand that they should not discuss the prosecution of the Third-Party Claims with the Kelley Drye lawyers. American Blind has been informed of Kelley Drye's conflict and its intention to seek to withdraw its representation of American Blind with respect to the Third-Party Defendants. American Blind has approved this withdrawal with respect to the Third-Party Defendants. Executed on March 31, 2006, at Chicago, Illinois. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ______/s/ Susan J. Greenspon________ Susan J. Greenspon - ii CH01/BEERD/1 71199.1 DECLARATION OF SUSAN J. GREENSPON Case 5:03-cv-05340-JF Document 97 Filed 03/31/2006 Page 3 of 3 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 KELLEY DRYE & WARREN LLP 333 WEST WACKER DRIVE SUITE 2600 CHICAGO, IL 60606 ATTESTATION OF CONCURRENCE OF FILING I attest that Susan J. Greenspon has concurred in the filing of this document. ______/s/ Dawn M. Beery__________ Dawn M. Beery - iii CH01/BEERD/1 71199.1 DECLARATION OF SUSAN J. GREENSPON

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