Digital Envoy Inc., v. Google Inc.,

Filing 271

4 Case 5:04-cv-01497-RS Document 271

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9 A Page 1 of 2

Filed 08/17/2005

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 Floor San Francisco, California 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 : 404.443.5 75 1 Attorneys for DIGITAL ENVOY, INC . UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION DIGITAL ENVOY, INC ., Plaintiff'Counter defendant,
v. GOOGLE, INC . , Defendant/ Counterclaimant .

ase No . C 04 01497 RS DECLARATION OF KENDALL M . BURTON IN SUPPORT OF DIGITAL ENVOY'S MISCELLANEOUS ADMINISTRATIVE REQUEST TO FILE UNDER SEAL ITS REPLY BRIEF IN SUPPORT OF DIGITAL ENVOY'S MOTION FOR PARTIAL SUMMARY JUDGMENT OF CONTRACT ISSUES AND THE DECLARATION OF P . CRAIG CARDO N Date : ugust 10, 2005 Time : :30 a.m. Courtroom : 4, 5th Floo r The Honorable Richard Seeborg

W 02-S F : 5 B B\61465655 .1

DEC . OF KENDALL BURTON ISO DIGITAL ENVOY'S ADMINISTRATIVE REQUEST TO FILE REPLY BRIEF UNDER SEA L

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I E Document 271

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Case 5:04-cv-01497-RS

I, Kendall M . Burton, declare: 1. am an attorney licensed to practice before this Court and am associated with

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

Administrative Request to File Under Seal, Pursuant to Local Rules 7--11 and 79-5, Its Reply Brief In Support Of Digital Envoy's Motion For Partial Summary Judgment Of Contract Issues And The Declaration Of P . Craig Cardon. 3. xhibits A, B, C, D, E, F and G attached to the Declaration of P . Craig Cardon

("Cardon Declaration'") contain information designated by defendant Google, Inc . as "Highly Confidential - Attorney's Eyes Only" under the terms of the Court's August 23, 2004 Stipulation and Protective Order Regarding Confidentiality . Exhibits A through G are referenced and discussed in detail in the Reply Brief In Support Of Digital Envoy's Motion For Partial Summary Judgment Of Contract Issues ("Reply Brief') . Without concurring in Google's view, in light of its designation, Digital Envoy requests an order permitting it to file the Cardon Declaration with attached Exhibits A through G, and the Reply Brief, under seal . I declare under the penalty of perjury that the above statements are true . Executed this 17th day of August 2005 in San Francisco .
Isl Kendall M . Burton

KENDALL M . BURTON

W02-SF:5BB161465655 .1

EC . OF KENDALL BURTON ISO DIGITAL. ENVOY'S ADMINISTRATIVE REQUEST TO FILE REPLY BRIEF UNDER SEAL