Digital Envoy Inc., v. Google Inc.,

Filing 10

Digital Envoy Inc., v. Google Inc.,

Doc. 10

Case 5:04-cv-01497-RS

Document 10

Filed 05/18/2004

Page 1 of 2

1 P. CRAIG CARDON, Cal. Bar No. 168646 3 Four Embarcadero Center, 17th Floor 4 Telephone: 5

2 KENDALL M. BURTON, Cal. Bar No. 228720
San Francisco, California 94111-4106 415-434-9100 Facsimile: 415-434-3947

BRIAN R. BLACKMAN, Cal. Bar No. 196996

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

6 TIMOTHY H. KRATZ (Pro Hac Vice To Be Applied For) 7 MCGUIRE WOODS, L.L.P 8 Atlanta, Georgia 30309 9 Facsimile: 404.443.5751 11 12 13 14 GOOGLE, INC., 15 16 18 19 20 21 22 23 24 25 26 27 28
W02-SF:5BB\61413875.1

LUKE ANDERSON (Pro Hac Vice To Be Applied For) 1170 Peachtree Street, N.E., Suite 2100 Telephone: [phone]

10 Attorneys for DIGITAL ENVOY, INC.
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C 04 01497 RS Plaintiff, v. Date: Time: July 14, 2004 9:30 a.m.

17 DIGITAL ENVOY, INC.,
Defendant. DIGITAL ENVOY, INC., Counterclaimant, v. GOOGLE, INC., Counterdefendant.

The Honorable Richard Seeborg NOTICE CONTINUING ORIGINAL HEARING DATE ON DEFENDANT'S MOTION TO DISMISS FOR IMPROPER VENUE, OR IN THE ALTERNATIVE, TO STAY TO JULY 14, 2004 [Local Rule 7-7(a)]

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NOTICE CONTINUING ORIGINAL HEARING DATE ON DEFENDANT'S MOTION TO DISMISS Dockets.Justia.com

Case 5:04-cv-01497-RS

Document 10

Filed 05/18/2004

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TO PLAINTIFF AND ITS COUNSEL OF RECORD: PURSUANT TO LOCAL RULE 7-7(a) PLEASE TAKE NOTICE that the hearing on

3 Defendant Counterclaimant Digital Envoy's Motion to Dismiss for Improper Venue, or in the 4 alternative, to Stay is continued to July 14, 2004 at 9:30 a.m. in the Courtroom of the Honorable 5 Richard Seeborg, located 280 South First Street, San Jose, California. Through its motion Digital 6 Envoy move s the Court for an order dismissing the instant action pursuant to Fed. R. Civ. Proc. 7 12(b)(3) on the grounds that venue properly lies in the United States District Court for the 8 Northern District of Georgia by virtue of an earlier filed action, Digital Envoy, Inc. v. Google, 9 Inc., Case No. 1:04-CV-0864-CAP, filed on March 29, 2004. 10
The issue to be decided by this motion is whether in light of Digital Envoy's earlier filed

11 action, venue in this district is improper and the case should be dismissed in favor of the action 12 now pending between these same parties in the United States District Court, Northern District of 13 Georgia. Alternatively, Digital Envoy requests that the Court stay this action pending the 14 Northern District of Georgia's ruling on Google's motion to dismiss or transfer. 15
This motion is based upon this Notice of Continuance of Motion, the Notice of Motion and

16 Motion, the accompanying Memorandum of Points and Authorities, the pleadings, documents, 17 records and other materials on file in this matter, the arguments of counsel at the time this motion 18 is heard, and suc h further evidence and material as the Court may allow. 19 20 DATED: May 18, 2004 21 22 23 24 25 26 27 28
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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP By /s/ Brian R. Blackman P. CRAIG CARDON BRIAN R. BLACKMAN Attorneys for DIGITAL ENVOY, INC.

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NOTICE CONTINUING ORIGINAL HEARING DATE ON DEFENDANT'S MOTION TO DISMISS