Digital Envoy Inc., v. Google Inc.,

Filing 70

Digital Envoy Inc., v. Google Inc.,

Doc. 70

Case 5:04-cv-01497-RS

Document 70

Filed 01/24/2005

Page 1 of 3

1 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

5 6 TIMOTHY H. KRATZ (Admitted Pro Hac Vice)
LUKE ANDERSON (Admitted Pro Hac Vice) 7 MCGUIRE 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/Counter defendant, DIGITAL ENVOY'S ADMINISTRATIVE MOTION FOR AN ORDER FOR LEAVE TO FILE DOCUMENTS UNDER SEAL Defendant/Counterclaimant. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C 04 01497 RS

17 GOOGLE, INC., 18 19 20 21 22 23 24 25 26 27 28
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PLAINTIFF'S REQUEST FOR LEAVE TO FILE UNDER SEAL Dockets.Justia.com

Case 5:04-cv-01497-RS

Document 70

Filed 01/24/2005

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Pursuant to Local Rule 79-5(d), plaintiff Digital Envoy, Inc. ("Digital Envoy") files this

2 request for an order for leave to file under seal Exhibits 8, 11, 25, 28, 48 and 49, attached to the 3 Declaration of Luke Anderson In Support Of Digital Envoy's Opposition to Google, Inc.'s Motion 4 for Protective Order, and the portions of the Opposition brief which reference these Exhibits. 5
Digital Envoy respectfully requests that Exhibits 8, 11, 25, 28, 48 and 49 be filed under

6 seal. These Exhibits have been designated Confidential by Defendant Google, Inc. ("Google") 7 pursuant to the Stipulation and Protective Order Regarding Confidentiality filed August 23, 2004 8 in this matter. See Exhibit A, attached to Declaration of Brian R. Blackman In Support Of 9 Plaintiff's Request For Leave to File Under Seal, ¶ 3 ("Blackman Decl."). Plaintiff's counsel call 10 and emailed Google's counsel, requesting it withdraw its Confidential designation for these 11 Exhibits. See Blackman Decl., ¶ 2. However, plaintiff's counsel did not receive a response from 12 Google prior to the filing of Plaintiff's Memorandum in Opposition to Google, Inc.'s Motion for 13 Protective Order. Id. For the foregoing reasons, Digital Envoy respectfully requests that the 14 Court grant this request and order DIGITAL ENVOY, INC.'S MEMORANDUM IN 15 OPPOSITION TO GOOGLE, INC.'S MOTION FOR A PROTECTIVE ORDER and the 16 DECLARATION OF LUKE ANDERSON IN SUPPORT OF DIGITAL ENVOY'S OPPOSITION 17 TO GOOGLE'S MOTION FOR PROTECTIVE ORDER with its attached exhibits be filed under 18 seal to protect information Google has designated as Confidential. 19 20 21 22 23 24 25 26 27 28
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PLAINTIFF'S REQUEST FOR LEAVE TO FILE UNDER SEAL

Case 5:04-cv-01497-RS

Document 70

Filed 01/24/2005

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1 DATED: January 24, 2005 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
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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

By

/s/ 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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PLAINTIFF'S REQUEST FOR LEAVE TO FILE UNDER SEAL