Digital Envoy Inc., v. Google Inc.,

Filing 181

Digital Envoy Inc., v. Google Inc.,

Doc. 181

Case 5:04-cv-01497-RS

Document 181

Filed 06/01/2005

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DAVID H. KRAMER, State Bar No. 168452 ([e-mail]) DAVID L. LANSKY, State Bar No. 199952 ([e-mail]) WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant/Counterclaimant Google Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

DIGITAL ENVOY, INC., Plaintiff/Counterdefendant, v. GOOGLE INC., Defendant/Counterclaimant.

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CASE NO.: C 04 01497 RS DEFENDANT AND COUNTERCLAIMANT GOOGLE INC.'S MISCELLANEOUS ADMINISTRATIVE REQUEST TO FILE DOCUMENTS UNDER SEAL PURSUANT TO LOCAL RULE 79-5 Judge: Hon. Richard Seeborg Courtroom: 4, 5th Floor Date: June 22, 2005 Time: 9:30 a.m

MISCELLANEOUS ADMINISTRATIVE REQUEST TO FILE DOCUMENTS UNDER SEAL CASE NO.: C04-01497 RS

2666714_1.DOC

Dockets.Justia.com

Case 5:04-cv-01497-RS

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Defendant and counterclaimant Google Inc. ("Google") hereby requests that the Court permit it to file under seal the following documents: 1. Confidential unredacted version of Google Inc.'s Opposition to Digital Envoy's Motion to Compel Further Responses to Its First and Second Sets of Interrogatories and Its First and Second Sets of Requests for Production of Documents to Google Inc.; 2. Confidential unredacted version of Google Inc.'s Opposition to Digital Envoy's Motion to Compel Further Responses to Requests for Production of Documents Nos. 3, 14, 18, 19 and 26; 3. Declaration of Kim Malone in Support of Google Inc.'s Opposition to Digital Envoy's Motion to Compel Further Responses to Interrogatories and Document Requests ("Malone Declaration"); 4. Declaration of David DiNucci in Opposition to Digital Envoy's Motion to Compel Further Responses to Requests for Production of Documents ("DiNucci Declaration"); and 5. Exhibits C, D and F to the Declaration of David H. Kramer in Support of Google Inc.'s Oppositions to Digital Envoy's Motions to Compel ("Kramer Declaration"). Google's opposition briefs, the Malone Declaration and the DiNucci Declaration contain information confidential to Google. Public memorandums with the designated material redacted are also being filed. Exhibit C contains excerpts from the deposition of Steven Schimmel, taken on September 23, 2004. Google has designated the transcript as "Highly Confidential ­ Attorneys' Eyes Only" pursuant to the Protective Order entered in this matter on August 23, 2004. Exhibit D contains excerpts from the deposition of Robert Friedman, taken on November 17, 2004. Plaintiff and counterdefendant Digital Envoy, Inc. has designated the transcript as "Highly Confidential ­ Attorneys' Eyes Only" pursuant to the Protective Order. Exhibit F is a redacted copy of a contract between Google and a third party that the third party has designed as "Highly Confidential ­ Attorneys' Eyes Only" pursuant to the Protective Order. -1MISCELLANEOUS ADMINISTRATIVE REQUEST TO FILE DOCUMENTS UNDER SEAL CASE NO.: C04-01497 RS

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Google hereby requests an order permitting it to file unredacted copies of its opposition briefs, the Malone Declaration, the DiNucci Declaration, and Exhibits C, D and F to the Kramer Declaration under seal.

Dated: June 1, 2005

WILSON SONSINI GOODRICH & ROSATI Professional Corporation

By:

/s/ David H. Kramer David H. Kramer

Attorneys for Defendant / Counterclaimant GOOGLE INC.

-2MISCELLANEOUS ADMINISTRATIVE REQUEST TO FILE DOCUMENTS UNDER SEAL CASE NO.: C04-01497 RS