Digital Envoy Inc., v. Google Inc.,

Filing 65

Case 5:04-cv-01497-RS

Document 65

Filed 01/20/2005

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Case 5:04-cv-01497-RS
01/12/05 6 :54

Document 65

Filed 01/20/2005

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ILSON SONSINI GOODRICH ROSATI

R Wilson Sonsint Goodrich & Rosati
9MOVcSSIONAL CORPORATTON

650 PVC Mill Road Falo Alro. CA 94304-105 0
"oNc 650.493 .9300 r. x 650-193-681 1 waftww"M

January 12, 2005 Via Facsimile to M) 443-5784 and US Mai l Timothy H . Kratz, Esq. McGuireWoods, LLP 1170 Peachtree Street, N .E . Suite 210 0
Atlanta, Georgia . 30309
Re: Digital Envoy v. Google

USDC, Northern District of California, Case No . : C-04-01497 M S

Dear Tim : I write about the twenty-two (22) third-party subpoenas that you have just served or attempted to serve. Google objects to the subpoenas on the grounds that all of the requests are overbroad, vague, unduly burdensome on the third-parties, not calculated to lead to the discovery of admissible evidence and appear to constitute harassment, Please explain in detail by close of business tomorrow the relevance of the requests to the present litigation between Digital Envoy and Google . Moreover, even if you could show that there were any relevant documents requested in your subpoenas, which you have not done and cannot do, the appropriate way would be to seek those documents from Google via a motion to compel . Asking for the same documents from third parties that you sought from Google and to which Google objected, is not appropriate and is vexatious and harassing .
Google is ready to join the issue on a motion and in tact will be moving for a protective order, Therefore, we ask you to stay enforcetuent of the subpoenas until the protective order is resolved and to notify us and the third parties that you have done so .

Very truly yours, WILSON SON'SM GOODRICH & ROSATI Professional Corporation Stephen C. Holme s
cc . . Craig Carrion, Esq.

C kNrPortbAl` ALIBITBW258 880 2 .DOC :

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