Digital Envoy Inc., v. Google Inc.,

Filing 37

Digital Envoy Inc., v. Google Inc.,

Doc. 37

Case 5:04-cv-01497-RS

Document 37

Filed 08/24/2004

Page 1 of 2

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

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6 TIMOTHY H. KRATZ (Admitted Pro Hac Vice) LUKE ANDERSON (Admitted Pro Hac Vice) 7 MCGU[RE 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/Counterdefendant, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C 0401497 RS REQUEST FOR ORDER ALLOWING SURRPELY IN OPPOSITION TO MOTION TO STAGE DISCOVERY [Local Rule 7-1O(b)j Date: Time: Crtmi.: September 22, 2004 9:00 a.m. 4,SthFloor

17 GOOGLE, INC., 18
19 Defendant/Counterelaimant.

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The Honorable Richard Seeborg

Plaintiff and Counterdefendant Digital Envoy, Inc. ("Digital Envoy") requests an order,

23 pursuant Local Rule 7-10(b), allowing Digital Envoy's Surreply--which was filed on August 23, 24 2004 at or about 11:30 p.m.--to defendant's Motion to Stage Discovery (the "Motion"). Good 25 cause exists to grant Digital Envoy's request. 26
27 The Surreply addresses a very narrow issue, i.e., Google, Inc.'s ("Google") recent insistence on compliance with C.C.P. § 2019(d) while seeking to delay any discovery it must

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WO2~sF:5BB\61426252.1 REQUEST FOR ORDER ALLOWING SURRPELY IN OPPOSITION TO MOTION TO STAGE DISCOVERY Dockets.Justia.com

Case 5:04-cv-01497-RS

Document 37

Filed 08/24/2004

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respond to on trade secrets. Google only raised this issue after Digital Envoy filed its opposition1 and the parties' argued the Motion to the Court during the Case Management Conference. By raising the issue for the first time after the opposition was filed and after the Case Management Conference, Google denied Digital Envoy the opportunity to address this inconsistency in

5 Google's position while arguing the motion.
6 7 8 To ensure it might be heard on this issue, Digital Envoy filed its surreply within hours of receiving a copy of Google's reply brief and letters confirming its reliance on C.C.P.

§ 2019(d).

(Declaration of Craig Cardon in Support of Request for Order Allowing Surreply ("Cardon Dccl.")

9 at ¶ 2; see also Exhibits A and B attached to Cardon Dccl.) Digital Envoy was not able to seek a
10 11 12 13 14 15 stipulation from Google's counsel at the time it filed the surreply due to the late hour in the day, and accordingly did not file this request with the surreply. (Cardon Dccl. at ¶ 2.) Digital Envoy, however, did request a stipulation the following day, but was refused. (Declaration of Brian Blackman in Support of Request for Order Allowing Surreply at ¶ 2.) For these reasons, Digital Envoy requests the Court issue an order pursuant to Local Rule 7-10(b) accepting the Surreply filed last night and allowing its consideration in opposition to

16 Google's Motion to Stage Discovery. 17 18 19 20 21 22 23 24 25 By ____________________________________ P. CRAIG CARDON BRIAN R. BLACKMAN Attorneys for DIGITAL ENVOY, INC. DATED: August 24, 2004 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

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`It should be noted that Digital Envoy identified its original opposition as a preliminary opposition Management Conference.

27 in order to have the issued before the Court in time to informally discuss the Motion at the Case
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W02.5F:5B8\61426252.1

REQUEST FOR ORDER ALLOWING SURRPELY IN OPPOSITION TO MOTION TO STAGE DISCOVERY