Advanced Internet Technologies, Inc. v. Google, Inc.

Filing 29

Advanced Internet Technologies, Inc. v. Google, Inc.

Doc. 29

Case 5:05-cv-02579-RMW

Document 29

Filed 12/23/2005

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KEKER & VAN NEST, LLP DARALYN J. DURIE - #169825 DAVID J. SILBERT - #173128 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Attorneys for Defendant GOOGLE, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CLICK DEFENSE INC., a Colorado corporation, individually and on behalf of all others similarly situated, Plaintiffs, v. GOOGLE, INC., a Delaware corporation, and DOES 1 through 100, inclusive, Defendants. Case No. C 05 02579 RMW [PROPOSED] ORDER Date: Time: Judge: January 13, 2006 9:00 a.m. Hon. Ronald M. Whyte

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[PROPOSED] ORDER Case No. C 05 02579 RMW
Dockets.Justia.com

Case 5:05-cv-02579-RMW

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Filed 12/23/2005

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On January 13, 2006, the Court heard plaintiff Click Defense, Inc's ("Click Defense") Motion for leave to (1) withdraw as representative plaintiff of the putative class; (2) "discontinue" its individual claims against defendant Google, Inc. ("Google") without prejudice; (3) substitute Advanced Internet Technologies, Inc. ("AIT") for Click Defense as representative plaintiff of the putative class; and (4) amend the caption accordingly. Having considered the parties' arguments and submissions, the Court orders as follows: 1. The Court construes Click Defense's moving papers, including the Declaration of

Clarence E. Briggs, AIT's founder and Chief Executive Officer, as a motion by AIT to intervene as putative class representative under Fed. R. Civ. P. 24, and a corresponding motion by Click Defense to dismiss its action under Fed. R. Civ. P. 41(a)(2). 2. The Court GRANTS both motions, and further ORDERS that: a. Neither Click Defense, AIT, nor their counsel shall seek to further change

the class representatives in this action, or any action consolidated with this one, except upon a showing of good cause. The showing shall be based upon developments after the date of this Order, or upon facts that are not known by Click Defense, AIT, or their counsel as of the date of this Order and could not have been known by them in the exercise of reasonable diligence. b. As a condition of dismissing its action, Click Defense shall respond to

reasonable discovery requests propounded by Google in this litigation. Such discovery shall include producing documents, producing a witness or witnesses for one seven-hour deposition on topics designated by Google, and such other discovery as the Court may Order. This Court shall retain jurisdiction over any disputes relating to discovery from Click Defense, and as a further condition of dismissing its action, Click Defense consents to litigate any such disputes in this Court.

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[PROPOSED] ORDER Case No. C 05 02579 RMW

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3.

The caption in this matter shall be amended consistent with this Order.

IT IS SO ORDERED.

By:

_______________________ RONALD M. WHYTE United States District Judge

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[PROPOSED] ORDER Case No. C 05 02579 RMW