Digital Envoy Inc., v. Google Inc.,

Filing 240

4 Case 5:04-cv-01497-RS Document 240

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9 A Filed 07/14/2005 Page 1 of 3

P . CRAIG CARDON, Cal . Bar No. 168646 BRIAN R. BLACKMAN, Cal . Bar No . 196996 KENDALL M . BURTON, Cal. Bar No . 228720 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP Four Embarcadero Center, 17th Floo r San Francisco, Califo rnia 94111-4106 Telephone : [phone] Facsimile : 15-434-394 7 TIMOTHY H . KRATZ (Admitted Pro Hac Vice) LUKE ANDERSON (Admitted Pro Hac Vice) MCGUIRE WOODS, L .L . P 1170 Peachtree Street, N.E ., Suite 2100 Atlanta, Georgia 3030 9 Telephone : [phone] Facsimile : 404.443 .575 1 Attorneys for DIGITAL ENVOY, INC . UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION DIGITAL ENVOY, INC ., PlaintifflCounterdefendant ,
V. GOOGLE, INC . ,

Case No . C 04 01497 R S NOTICE OF CONTINUANCE OF HEARING ON DIGITAL ENVOY'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON CONTRACT ISSUES AND MOTION FOR NEW PROTECTIVE ORDE R [Civil L .R. 7-7(a)] Date : ugust 31, 2005 Time: :30 a.m. Courtroom : 4, 5th Floor The Honorable Richard Seebor g

Defendant / Counterclai

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NOTICE OF CONTINUANCE OF HEARING ON MOTION FOR PARTIAL SUMMARY . JUDGMENT AND MOTION FOR NEW PROTECTIVE ORDER

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PLEASE TAKE NOTICE THAT pursuant to Civil L .R . 7-7(a) the hearings on Digital Envoy, Inc .'s ("Digital Envoy") Motion for Partial Summary Judgment on Contract Issues and Motion for New Protective Order have been continued to August 31, 2005, at 9 :30 a.m. or as soon thereafter as it may be heard, in Courtroom 4, 5th Floor, of the United States District Court, Northern District of California, located at 280 South Ist Street, San Jose, California 95113 . At this hearing, Digital Envoy will move and hereby does move for entry of Partial Summary Judgment solely on the issue of contract interpretation and Google, Inc .'s ("Google") violation of the contract between Digital Envoy and Google . Digital Envoy makes its Motion for Partial Summary Judgment on the grounds that there are no remaining triable issues of fact with respect to the Breach of Contract claim, and that Digital Envoy is entitled to judgment as a matter of law on that claim . Digital Envoy's Motion for Partial Summary Judgment is supported by the previously filed memorandum, the declarations of Sam S . Han and attached exhibits, and any other matters properly before the Court . At this hearing, Digital Envoy will also move and hereby does move, pursuant to Fed . R. Civ . P . 26(b)(2), (e), and 42(b), for entry of a new protective order regarding confidentiality in this case . This new protective order would prohibit the parties' in-house counsel from viewing ocuments determined to contain "extremely confidential competitive information ." Digital Envoy's Motion for New Protective Order is supported by the previously filed memorandum, the declarations of John A . Lockett, III and Robert Friedman, the argument of counsel and any other matters properly before the Court .

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NOTICE OF CONTINUANCE OF HEARING ON MOTION FOR PARTIAL SUMMARY, JUDGMENT AND MOTION FOR NEW PROTECTIVE ORDER

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DATED : July 14, 200 5 SHEPPARD, MULLIN, RICHTER & HAMPTON LL P

By

/s/ Brian Blackman P . CRAIG CARDO N BRIAN R. BLACKMAN TIMOTHY H . KRATZ (Admited Pro Hac Vice MCGUIRE WOODS, L .L . P 170 Peachtree Street, N.E ., Suite 2100 Atlanta, Georgia 30309 Telephone : [phone] Facsimile : 404.443 .575 1 Attorneys for DIGITAL ENVOY, INC .

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NOTICE OF CONTINUANCE OF HEARING ON MOTION FOR PARTIAL SUMMARY . JUDGMENT AND MOTION FOR NEW PROTECTIVE ORDER