Digital Envoy Inc., v. Google Inc.,

Filing 144

Digital Envoy Inc., v. Google Inc.,

Doc. 144

Case 5:04-cv-01497-RS

Document 144

Filed 04/29/2005

Page 1 of 4

1 P. CRAIG CARDON, Cal. Bar No. 168646

BRIAN R. BLACKMAN, Cal. Bar No. 196996 2 KENDALL M. BURTON, Cal. Bar No. 228720 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 3 Four Embarcadero Center, 17th Floor San Francisco, California 94111-4106 4 Telephone: [phone] Facsimile: 415-434-3947

5 6 TIMOTHY H. KRATZ (Admitted Pro Hac Vice)
LUKE ANDERSON (Admitted Pro Hac Vice) 7 MCGUIRE WOODS, L.L.P 1170 Peachtree Street, N.E., Suite 2100 8 Atlanta, Georgia 30309 Telephone: [phone] Facsimile: 404.443.5751

10 Attorneys for DIGITAL ENVOY, INC. 11 12 13 14 DIGITAL ENVOY, INC., 15 16
v. Plaintiff/Counter defendant, DECLARATION OF TIMOTHY KRATZ IN SUPPORT OF DIGITAL ENVOY, INC.'S MOTION FOR SANCTIONS AGAINST GOOGLE, INC. Date: Time: Courtroom: June 15, 2005 9:30 a.m. 4, 5th Floor UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C 04 01497 RS

17 GOOGLE, INC., 18 19 20 21 22 23 24
I, Timothy H. Kratz, declare as follows: 1. Defendant/Counterclaimant.

The Honorable Richard Seeborg

I am an attorney of law duly licensed to practice in the State of Georgia and

25 admitted to practice before this court pro hac vice. I am a partner at the firm McGuireWoods LLP 26 and attorney for the Plaintiff/Counterdefendant Digital Envoy, Inc. ("Digital Envoy"). I have 27 personal knowledge of all facts set forth herein. 28
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DEC. OF TIM KRATZ ISO MOTION FOR SANCTIONS AGAINST GOOGLE, INC. Dockets.Justia.com

Case 5:04-cv-01497-RS

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2.

On July 29, 2004, Digital Envoy served its first Request for Production of

2 Documents, Interrogatories, and Requests for Admissions on Google. On August 30, 2004, 3 Google served its responses to Digital Envoy's first set of discovery requests. On November 10, 4 2004, Google served its Supplemental and Amended Responses to Digital Envoy's First Set of 5 Interrogatories in response to numerous efforts on the part of Digital Envoy to obtain complete 6 responses to its discovery requests. 7
3. On December 3, 2004, Digital Envoy served its second set of Interrogatories and

8 second Request for Production of Documents to Google. On January 3, 2005, Google served its 9 responses to Digital Envoy's second set of discovery requests. 10
4. Following Google's second discovery responses, Digital Envoy contacted Google

11 in writing and by telephone to detail the deficiencies in the responses and to attempt to secure 12 Google's commitment to supplement with appropriate responses. On February 9, 2005, Timothy 13 H. Kratz sent a letter to David H. Kramer, counsel for Google describing each of the deficiencies 14 in Google's responses to Digital Envoy's discovery requests. A true and correct copy of the 15 February 9, 2005 letter is attached hereto as Exhibit A. 16
5. On March 9, 2005, undersigned counsel participated in a conference call with

17 Steven C. Holmes to discuss the outstanding discovery issues. Digital Envoy followed this 18 conference with additional written contact in a final effort to obtain the requested information 19 from Google without court intervention. Notwithstanding these efforts, Google has not adequately 20 responded or otherwise properly supplemented its responses. 21
6. I have been practicing law for 16 years and I am a member in good standing of the

22 bar of the State of Georgia. 23
7. My hourly rate is $375 per hour which is competitive, reasonable and consistent

24 with the hourly rates charged by attorneys in the Atlanta market with similar experience and 25 expertise. I have expended 5 hours of time preparing the Motion to Compel Discovery Responses 26 and conferring with counsel in connection therewith. The amount of time that I have spent 27 preparing the motion is reasonable. 28
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DEC. OF TIM KRATZ ISO MOTION FOR SANCTIONS AGAINST GOOGLE, INC.

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8.

Attorney Milo S. Cogan expended 8.9 hours of time at an hourly rate of $235 per

2 hour preparing the Motion to Compel Discovery Responses and conferring with counsel in 3 connection therewith. Mr. Cogan has been practicing law since 2001 and is currently a member in 4 good standing of the bar of the State of Georgia. Mr. Cogan's hourly rate is competitive, 5 reasonable and consistent with the hourly rates charged by attorneys in the Atlanta market with 6 similar experience and expertise. The amount of time that Mr. Cogan spent preparing the motion 7 is also reasonable. 8
9. Attorney Sam H. Han expended 3.3 hours of time at an hourly rate of $240 per

9 hour assisting with the preparation of the Motion to Compel Discovery Responses and conferring 10 with counsel in connection therewith. Mr. Han has been practicing law since 2001 and is currently 11 a member in good standing of the bar of the State of Georgia. Mr. Han's hourly rate is 12 competitive, reasonable and consistent with the hourly rates charged by attorneys in the Atlanta 13 market with similar experience and expertise. The amount of time that Mr. Han spent working on 14 the motion is also reasonable. 15
10. Digital Envoy has incurred attorneys' fees in connection with bringing the Motion

16 to Compel Discovery Responses in the amount of $4,758.50. 17
I declare under penalty of perjury under the laws of the United States of America that the

18 foregoing is true and correct. Executed on April 29, 2005, at Atlanta, Georgia. 19 20 21 22 23 24 25 26 27 28
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/s/ Timothy H. Kratz_____ Timothy H. Kratz

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DEC. OF TIM KRATZ ISO MOTION FOR SANCTIONS AGAINST GOOGLE, INC.

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CERTIFICATION I, Brian Blackman, am the ECF User whose identification and password are being used to

3 file this Declaration Of Timothy Kratz In Support Of Digital Envoy, Inc.'s Motion For Sanctions 4 Against Google, Inc. In compliance with General Order 45.X.B., I hereby attest that Timothy 5 Kratz has concurred in this filing. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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DATED: April 29, 2005 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

By

/s/ Brian Blackman P. CRAIG CARDON BRIAN R. BLACKMAN TIMOTHY H. KRATZ (Pro Hac Vice To Be Applied For) LUKE ANDERSON (Pro Hac Vice To Be Applied For) MCGUIRE WOODS, L.L.P 1170 Peachtree Street, N.E., Suite 2100 Atlanta, Georgia 30309 Telephone: [phone] Facsimile: 404.443.5751 Attorneys for DIGITAL ENVOY, INC.

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PLAINTIFF'S OPPOSITION TO GOOGLE'S PARTIAL MOTION FOR SUMMARY JUDGMENT