Digital Envoy Inc., v. Google Inc.,

Filing 368

Declaration of David L. Lansky in Support of 367 Memorandum in Opposition, filed byGoogle Inc.,, Google Inc.,. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Related document(s)367) (Kramer, David) (Filed on 11/14/2005)

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Digital Envoy Inc., v. Google Inc., Doc. 368 Case 5:04-cv-01497-RS Document 368 Filed 11/14/2005 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DAVID H. KRAMER, State Bar No. 168452 (dkramer@wsgr.com) DAVID L. LANSKY, State Bar No. 199952 (dlansky@wsgr.com) WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: (650) 493-9300 Facsimile: (650) 565-5100 Attorneys for Defendant/Counterclaimant Google Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION DIGITAL ENVOY, INC., Plaintiff/Counterdefendant, v. GOOGLE INC., Defendant/Counterclaimant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: C 04 01497 RS DECLARATION OF DAVID L. LANSKY IN SUPPORT OF GOOGLE INC.'S OPPOSITION TO DIGITAL ENVOY'S MOTION TO COMPEL Judge: Courtroom: Date: Time: Hon. Richard Seeborg 4, 5th Floor December 5, 2005 10:00 a.m. DECL. ISO GOOGLE'S OPP. TO MOTION TO COMPEL CASE NO.: C04-01497 RS 2760911_1.DOC Dockets.Justia.com Case 5:04-cv-01497-RS Document 368 Filed 11/14/2005 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, David L. Lansky, declare as follows: 1. I am an attorney at law duly licensed to practice in the State of California and before this Court. I am associated with Wilson Sonsini Goodrich & Rosati ("WSGR"), counsel for defendant and counterclaimant Google Inc. ("Google"). I have personal knowledge of the facts set forth herein and, if called as a witness, could and would testify competently thereto. 2. Attached hereto as Exhibit A is a true and correct copy of excerpts from the transcript of the September 21, 2005 hearing on Google's Motion for Partial Summary Judgment on Digital Envoy's Damage Claims. 3. Attached hereto as Exhibit B is a true and correct copy of excerpts from the transcript of the deposition of Mark Rose. 4. Attached hereto as Exhibit C is a true and correct copy of excerpts from the transcript of the deposition of Marissa Mayer. 5. I have reviewed Google's production of documents in response to Digital Envoy's discovery requests and the Court's July 15, 2005 Order. Following the Order and Google's document collection and review, Google produced 1,207 pages of communications with its top 100 advertisers concerning its AdSense program. Google also produced one AdSense revenue projection it prepared for an advertiser, which I am informed and believe to be the only such projection Google located. 6. While Digital Envoy formally served a notice for a 30(b)(6) deposition of Google in May, 2005, it apprised Google of its intended topics much earlier, in correspondence dated March 30, 2005. 7. On April 1, 2005, Digital Envoy requested that it be permitted to redepose Matt Cutts on issues relating to Google's counterclaims which were added after his first deposition in the case. Google agreed to that request. It further agreed that Mr. Cutts would testify on specific topics in Digital Envoy's 30(b)(6) deposition notice relating to Google's counterclaims. For its part, Digital Envoy agreed that Google would be permitted to depose a Digital Envoy designee on limited topics in a notice served on June 8, 2005. The parties have repeatedly agreed to continue the dates of these limited depositions but have made no other agreements concerning -1DECL. ISO GOOGLE'S OPP. TO MOTION TO COMPEL CASE NO.: C04-01497 RS Case 5:04-cv-01497-RS Document 368 Filed 11/14/2005 Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 depositions, extensions of the discovery cut-off or extensions of the deadline for filing motions to compel. In fact, in letters of May 18 and May 19, 2005 Google expressly confirmed with Digital Envoy that it was not agreeing to extend the deadline for motions to compel. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on November 14, 2005 at Palo Alto, California. /s/ David L. Lansky David L. Lansky -2DECL. ISO GOOGLE'S OPP. TO MOTION TO COMPEL CASE NO.: C04-01497 RS Case 5:04-cv-01497-RS Document 368 Filed 11/14/2005 Page 4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: November 14, 2005 CERTIFICATION I, David H. Kramer, am the ECF User whose identification and password are being used to file the DECLARATION OF DAVID L. LANSKY IN SUPPORT OF GOOGLE INC.'S OPPOSITION TO DIGITAL ENVOY'S MOTION TO COMPEL. In compliance with General Order 45.X.B, I hereby attest that David Lansky has concurred in this filing. WILSON SONSINI GOODRICH & ROSATI Professional Corporation By: /s/ David H. Kramer David H. Kramer Attorneys for Defendant / Counterclaimant GOOGLE INC. -3DECL. ISO GOOGLE'S OPP. TO MOTION TO COMPEL CASE NO.: C04-01497 RS

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