Digital Envoy Inc., v. Google Inc.,

Filing 71

Digital Envoy Inc., v. Google Inc.,

Doc. 71

Case 5:04-cv-01497-RS

Document 71

Filed 01/24/2005

Page 1 of 2

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, DECLARATION OF BRIAN R. BLACKMAN IN SUPPORT OF ADMINISTRATIVE MOTION FOR LEAVE TO FILE UNDER SEAL 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
W02-SF:5BK\61441970.1

Defendant/Counterclaimant.

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DECLARATION OF BRIAN R. BLACKMAN IN SUPPORT OF PLAINTIFF'S ADMINISTRATIVE MOTION FOR LEAVE TO FILE UNDER SEAL Dockets.Justia.com

Case 5:04-cv-01497-RS

Document 71

Filed 01/24/2005

Page 2 of 2

1 2

I, Brian R. Blackman, declare: 1. I am an attorney licensed to practice before this Court and am associated with

3 Sheppard Mullin Richter & Hampton LLP, counsel of record for Digital Envoy, Inc. ("Digital 4 Envoy") in this matter. I make this declaration based on my personal knowledge, except where 5 noted otherwise, and would competently testify to these facts if called to do so. 6
2. On January 24, 2005, I called Google, Inc.'s counsel, Stephen Holmes, and left a

7 voice mail message requesting Google withdraw its designations of "Confidential" for Plaintiff's 8 Exhibits 8, 11, 25, 28, 48 and 49. An email message making the same request was sent to 9 Google's counsel earlier that morning by Digital Envoy's lead counsel, Tim Kratz. I did not hear 10 back from Google's counsel regarding their "Confidential" designations of the 6 exhibits before 11 Digital Envoy's Opposition had to be filed. 12
3. A true and correct copy of the Stipulation and Protective Order Regarding

13 Confidentiality, filed August 8, 2004, is attached to this declaration as Exhibit A. 14
I declare under the penalty of perjury that the above statements are true. Executed this 24th

15 day of January 2005 in San Francisco. 16 17 18 19 20 21 22 23 24 25 26 27 28
W02-SF:5BK\61441970.1

/s/ BRIAN R. BLACKMAN

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DECLARATION OF BRIAN R. BLACKMAN IN SUPPORT OF PLAINTIFF'S REQUEST FOR LEAVE TO FILE UNDER SEAL