Digital Envoy Inc., v. Google Inc.,

Filing 226

Declaration of Brian R. Blackman in Support of 223 MOTION for Leave to File Digital Envoy's Motion for Reconsideration, 225 MOTION to Seal Document 223 MOTION for Leave to File Digital Envoy's Motion for Reconsideration Digital Envoy's Miscellaneous Request to File Under Seal Exhibit B to Lockett Declaration filed byDigital Envoy,Inc.,. (Related document(s)223, 225) (Blackman, Brian) (Filed on 7/6/2005)

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Digital Envoy Inc., v. Google Inc., Doc. 226 Case 5:04-cv-01497-RS Document 226 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: 415-434-9100 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: 404.443.5500 9 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, EXHIBIT B ATTACHED TO DECLARATION OF JOHN LOCKETT III IN SUPPORT OF DIGITAL ENVOY'S MOTION FOR LEAVE TO FILE ITS MOTION FOR RECONSIDERATION 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\61460191.1 Defendant/Counterclaimant. -1- DEC. OF BRIAN BLACKMAN ISO DIGITAL ENVOY'S ADMINISTRATIVE REQUEST TO FILE EXHIBIT B UNDER SEAL Dockets.Justia.com Case 5:04-cv-01497-RS Document 226 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, Exhibit B 8 Attached to the Declaration of John Lockett III In Support Of Digital Envoy's Motion For Leave 9 To File Its Motion For Reconsideration ("Lockett Declaration"). 10 3. Exhibit B attached to the Lockett Declaration contains information designated by 11 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 documents attached as Exhibit B were produced by Google during discovery and were Bates 14 labeled GOOG 009876-009877 and GOOG 009696-009698. Without concurring in Google's 15 view, in light of its designation, Digital Envoy requests an order permitting it to file Exhibit B 16 under seal. 17 I declare under the penalty of perjury that the above statements are true. Executed this 6th 18 day of July 2005 in San Francisco. 19 20 21 22 23 24 25 26 27 28 W02-SF:5BB\61460191.1 /s/ Brian R. Blackman BRIAN R. BLACKMAN -2- DEC. OF BRIAN BLACKMAN ISO DIGITAL ENVOY'S ADMINISTRATIVE REQUEST TO FILE EXHIBIT B UNDER SEAL

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