Digital Envoy Inc., v. Google Inc.,

Filing 35

Digital Envoy Inc., v. Google Inc.,

Doc. 35

Case 5:04-cv-01497-RS

Document 35

Filed 08/23/2004

Page 1 of 2

1 P. CRAIG CARDON, Cal. Bar No. 168646 3 Four Embarcadero Center, 17th Floor 4 Telephone: 5

2 KENDALL M. BURTON, Cal. Bar No. 228720
San Francisco, California 94111-4106 415-434-9100 Facsimile: 415-434-3947

BRIAN R. BLACKMAN, Cal. Bar No. 196996

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

6 TIMOTHY H. KRATZ (Admitted Pro Hac Vice) 7 MCGUIRE WOODS, L.L.P 8 Atlanta, Georgia 30309 9 Facsimile: 404.443.5751 11 12 13 14 DIGITAL ENVOY, INC., 15 16 18 19 20 21
I, P. Craig Cardon, declare as follows: 1. On August 20, 2004, I received a fax letter from counsel for Google, Stephen v. Plaintiff/Counterdefendant, Telephone: [phone] LUKE ANDERSON (Admitted Pro Hac Vice) 1170 Peachtree Street, N.E., Suite 2100

10 Attorneys for DIGITAL ENVOY, INC.
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C 04 01497 RS DECLARATION OF P. CRAIG CARDON IN SUPPORT OF DIGITAL ENVOY, INC.'S SURREPLY RE GOOGLE, INC.'S MOTION TO STAGE DISCOVERY

17 GOOGLE, INC.,
Defendant/Counterclaimant.

22 Holmes. A true and correct copy of this letter is attached as Exhibit A hereto. That letter asked 23 Digital Envoy to provide a California Code of Civil Procedure section 2019(d) trade secret 24 disclosure. 25 27
2. After receiving Mr. Holmes letter of August 20, 2004, that same day I sent him an

26 email reminding him that this case was in Federal court and not State court.
3. On August 23, 2004, I spoke with Mr. Holmes and told him that no case in the

28 Northern District nor any opinion of the Ninth Circuit had ever held that a CCP section 2019(d) DECLARATION OF P. CRAIG CARDON IN -1W02-SF:5BB\61425216.1

SUPPORT OF SURREPLY

Dockets.Justia.com

Case 5:04-cv-01497-RS

Document 35

Filed 08/23/2004

Page 2 of 2

1 disclosure is required in Federal court. Mr. Holmes maintained that the case out of the Central 2 District did mandate such disclosure in the Northern District. 3
4. Shortly after I got off of the phone with Mr. Holmes I received another letter from

4 him asserting that the Central District case applied and requiring that Digital Envoy provide a CCP 5 section 2019(d) disclosure. A true and correct copy of this letter is attached as Exhibit B. 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
W02-SF:5BB\61425216.1

I make the foregoing statements under penalty of perjury under the laws of the United

7 State. Executed this 23rd day of August, 2004.

P. CRAIG CARDON

-2-

DECLARATION OF P. CRAIG CARDON IN SUPPORT OF SURREPLY