Digital Envoy Inc., v. Google Inc.,

Filing 297

Digital Envoy Inc., v. Google Inc.,

Doc. 297

Case 5:04-cv-01497-RS

Document 297

Filed 09/01/2005

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 A, B, C, M AND N TO THE DECLARATION OF ROBERT J. WADDELL AND PORTIONS OF DIGITAL ENVOY'S OPPOSITION TO GOOGLE'S MOTION FOR PARTIAL SUMMARY JUDGMENT Date: September 21, 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\61467343.1

Defendant/Counterclaimant.

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DEC. OF BRIAN BLACKMAN ISO ADMIN. REQUEST TO FILE EXHIBITS AND OPPOSITION UNDER SEAL

Dockets.Justia.com

Case 5:04-cv-01497-RS

Document 297

Filed 09/01/2005

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 A, B, 8 C, M and N to the Declaration of Robert J. Waddell ("Waddell Declaration") and Portions of 9 Digital Envoy's Opposition to Google's Motion for Partial Summary Judgment Re: Digital Envoy, 10 Inc.'s Damages Claims ("Opposition"). 11
3. Exhibits A, B, C, M and N to the Waddell Declaration contain information

12 designated by defendant Google, Inc. as "Highly Confidential ­ Attorney's Eyes Only" under the 13 terms of the Court's August 23, 2004 Stipulation and Protective Order Regarding Confidentiality. 14 Exhibits A, B, C, M and N are referenced and discussed in detail in the Opposition. Without 15 concurring in Google's view, in light of its designation, Digital Envoy requests an order permitting 16 it to file Exhibits A, B, C, M and N to the Waddell Declaration and portions of the Opposition 17 referencing those exhibits under seal. 18
I declare under the penalty of perjury that the above statements are true. Executed this 1st

19 day of September 2005 in San Francisco. 20 21 22 23 24 25 26 27 28
W02-SF:5BB\61467343.1

/s/ Brian R. Blackman BRIAN R. BLACKMAN

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DEC. OF BRIAN BLACKMAN ISO ADMIN. REQUEST TO FILE EXHIBITS AND OPPOSITION UNDER SEAL