Digital Envoy Inc., v. Google Inc.,

Filing 222

Digital Envoy Inc., v. Google Inc.,

Doc. 222

Case 5:04-cv-01497-RS

Document 222

Filed 07/06/2005

Page 1 of 2

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 BRIAN R. BLACKMAN IN SUPPORT OF DIGITAL ENVOY'S MISCELLANEOUS ADMINISTRATIVE REQUEST TO FILE UNDER SEAL, PURSUANT TO LOCAL RULE 7-11 AND 79-5, EXHIBITS K AND L ATTACHED TO THE DECLARATION OF SAM S. HAN IN SUPPORT OF DIGITAL ENVOY'S MOTION FOR PARTIAL SUMMARY JUDGMENT OF CONTRACT ISSUES Date: August 10, 2005 Time: 9:30 a.m. Courtroom: 4, 5th Floor The Honorable Richard Seeborg 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 25 26 27 28
W02-SF:5BB\61460344.1

Defendant/Counterclaimant.

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DEC. OF BRIAN BLACKMAN ISO DIGITAL ENVOY'S ADMINISTRATIVE REQUEST TO FILE EXHIBITS K AND L UNDER SEAL Dockets.Justia.com

Case 5:04-cv-01497-RS

Document 222

Filed 07/06/2005

Page 2 of 2

1 2

I, Brian R. Blackman, declare: 1. I am an attorney licensed to practice before this Court and am associated with

3 Sheppard Mullin Richter & Hampton LLP, counsel of record for Digital Envoy, Inc. ("Digital 4 Envoy") in this matter. I make this declaration based on my personal knowledge, except where 5 noted otherwise, and would competently testify to these facts if called to do so. 6
2. I submit this declaration in support of Digital Envoy's Miscellaneous

7 Administrative Request to File Under Seal, Pursuant to Local Rules 7-11 and 79-5, Exhibits K and 8 L Attached to the Declaration of Sam S. Han In Support Of Digital Envoy's Motion for Partial 9 Summary Judgment of Contract Issues ("Han Declaration"). 10
3. Exhibits K and L attached to the Han Declaration contain information designated

11 by defendant Google, Inc. as "Highly Confidential ­ Attorney's Eyes Only" under the terms of the 12 Court's August 23, 2004 Stipulation and Protective Order Regarding Confidentiality. The 13 document attached as Exhibit K is relevant portions of the June 23, 2005 deposition of Susan 14 Wojcicki taken in this action. The document attached as Exhibit L are documents produced by 15 Google during discovery used as exhibits to Ms. Wojcicki's deposition, bates labeled GOOG 16 012016, 012017, 012019-012027. Without concurring in Google's view, in light of its 17 designation, Digital Envoy requests an order permitting it to file Exhibits K and L under seal. 18
I declare under the penalty of perjury that the above statements are true. Executed this 6th

19 day of July 2005 in San Francisco. 20 21 22 23 24 25 26 27 28
W02-SF:5BB\61460344.1

/s/ Brian R. Blackman BRIAN R. BLACKMAN

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DEC. OF BRIAN BLACKMAN ISO DIGITAL ENVOY'S ADMINISTRATIVE REQUEST TO FILE EXHIBITS K AND L UNDER SEAL