Digital Envoy Inc., v. Google Inc.,

Filing 353

Digital Envoy Inc., v. Google Inc.,

Doc. 353

Case 5:04-cv-01497-RS

Document 353

Filed 10/31/2005

Page 1 of 2

1 P. CRAIG CARDON, Cal. Bar No. 168646

BRIAN R. BLACKMAN, Cal. Bar No. 196996 2 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP Four Embarcadero Center, 17th Floor 3 San Francisco, California 94111-4106 Telephone: [phone] Facsimile: 415-434-3947 4

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TIMOTHY H. KRATZ (Admitted Pro Hac Vice) 6 LUKE ANDERSON (Admitted Pro Hac Vice) MCGUIRE WOODS, L.L.P 7 1170 Peachtree Street, N.E., Suite 2100 Atlanta, Georgia 30309 8 Telephone: [phone] Facsimile: 404.443.5751

9 10 11 12 13

Attorneys for DIGITAL ENVOY, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C 04 01497 RS NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO DIGITAL ENVOY'S INTERROGATORIES, REQUESTS FOR PRODUCTION OF DOCUMENTS, AND 30(b)(6) DEPOSITION NOTICES Date: Time: Courtroom: December 5, 2005 10:00 a.m. 4, 5th Floor

14 DIGITAL ENVOY, INC., 15 16
v. Plaintiff/Counterdefendant,

17 GOOGLE, INC., 18 19 20 21 22 23 24 25 26 27 28
W02-SF:5BB\61451967.1

Defendant/Counterclaimant.

The Honorable Richard Seeborg

PLEASE TAKE NOTICE that on December 5, 2005 at 10:00 a.m. in Courtroom 4, Fifth Floor of the United States District Court for the Northern District of California, United States Courthouse, 280 South First Street, San Jose, California, plaintiff/counterdefendant Digital Envoy, Inc. ("Digital Envoy") shall move the court pursuant to Fed. R. Civ. P. 37 for an order compelling further responses from Google, Inc. to Digital Envoy's Interrogatories and Requests for Production

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NOT. OF MTN. AND MTN. TO COMPEL FURTHER RESPONSES FROM GOOGLE Dockets.Justia.com

Case 5:04-cv-01497-RS

Document 353

Filed 10/31/2005

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1 of Documents, as well as the production of persons most qualified to testify on Google's behalf to 2 properly noticed deposition topics. 3
Digital Envoy certifies that it has in good faith conferred with Google, Inc. in an effort to

4 secure further responses and disclosures to these interrogatories, document requests and deposition 5 categories without court action, and that those efforts were unsuccessful. Digital Envoy 6 7 8 9
complete responses to Digital Envoy's Interrogatory nos. 6, 10, and 11 for both AdSense for Content and AdSense for Search; (2) provide full and complete responses to Document Requests

respectfully requests that this Court enter an order compelling Google to: (1) provide full and

10 Nos. 14, 18 and 19, including all documents concerning geotargeting for Google's top 100 11 advertisers (including Google's use of Digital Envoy's technology), all communications with 12 Google's top 100 advertisers that refer to geotargeting (including the use of Digital Envoy's data), 13 all revenue information for Google's top 100 advertisers, and all other responsive documents 14
regarding its AdSense programs for Google's top 100 advertisers; (3) designate one or more

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W02-SF:5BB\61454412.1

30(b)(6) deponents for Digital Envoy's designated topics, noticed on May 13, 2005; and (4) pay costs and fees associated with this pending motion. DATED: October 31, 2005 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

By

/s/ Brian Blackman P. CRAIG CARDON BRIAN R. BLACKMAN TIMOTHY H. KRATZ (Pro Hac Vice To Be Applied For) LUKE ANDERSON (Pro Hac Vice To Be Applied For) MCGUIRE WOODS, L.L.P 1170 Peachtree Street, N.E., Suite 2100 Atlanta, Georgia 30309 Telephone: [phone] Facsimile: 404.443.5751 Attorneys for DIGITAL ENVOY, INC.

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NOT. OF MTN. AND MTN. TO COMPEL FURTHER RESPONSES TO RFP