Advanced Internet Technologies, Inc. v. Google, Inc.
Filing
35
Attachment 6
MOTION to Certify Class filed by Click Defense, Inc.. Motion Hearing set for 5/12/2006 09:00 AM in Courtroom 6, 4th Floor, San Jose. (Attachments: #
1 Affidavit Declaration of Clarence E. Briggs#
2 Exhibit Exhibits A through C to Declaration of Clarence Briggs#
3 Exhibit Exhibits D through F to Declaration of Clarence Briggs#
4 Exhibit Exhibits G though I to the Declaration of Clarence Briggs#
5 Exhibit Exhibits J though L to the Declaration of Clarence Briggs#
6 Proposed Order Granting Plaintiff's Motion to Certify Class)(Kaplan, Darren) (Filed on 3/6/2006)
Advanced Internet Technologies, Inc. v. Google, Inc.
Doc. 35 Att. 6
Case 5:05-cv-02579-RMW
Document 35-7
Filed 03/06/2006
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RICHARD L. KELLNER, SBN 171416 FRANK E. MARCHETTI, SBN 203185 2 KABATECK BROWN KELLNER LLP 350 South Grand Avenue, 39th Floor 3 Los Angeles, California 90071-3801 Telephone: (213) 217-5000 4 Facsimile: (213) 217-5010
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DARREN T. KAPLAN (Admitted Pro Hac Vice) GREGORY E. KELLER (To be admitted Pro Hac Vice) 6 CHITWOOD HARLEY HARNES LLP 2300 Promenade II 7 1230 Peachtree Street, NE Atlanta, Georgia 30309 8 Telephone: (404) 873-3900 Facsimile: (404) 876-4476
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SHAWN KHORRAMI, SBN 180411 LAW OFFICES OF SHAWN KHORRAMI 14550 Haynes Street, Third Floor 11 Van Nuys, California 91411 Telephone: (818) 947-5111 12 Facsimile: (818) 947-5121
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Attorneys for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ADVANCED INTERNET TECHNOLOGIES, ) ) INC., a North Carolina corporation, ) Individually and on behalf of all others ) similarly situated, ) Plaintiff, ) ) vs. ) ) GOOGLE, INC., a Delaware corporation and ) Does 1 through 100, inclusive, ) ) ) ) Defendants. ) ) ) ) 1
[PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR CLASS CERTIFICATION CASE NO. C-05-02579-RMW
Dockets.Justia.com
Case No.: 5:05-cv-02579-RMW E-FILING [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR CLASS CERTIFICATION Date: May 12, 2006 Time: 9:00 a.m. Judge: Hon. Ronald M. Whyte Date Complaint Filed: June 24, 2005
Case 5:05-cv-02579-RMW
Document 35-7
Filed 03/06/2006
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On May 12, 2006, Plaintiff Advanced Internet Technologies, Inc. ("AIT") came before this Court and moved for an Order pursuant to Rule 23 of the Federal Rules of Civil Procedure certifying a plaintiff class against Defendant Google, Inc. ("Google"). Having considered the submissions of the parties and the record in this case, IT IS HEREBY ORDERED as follows: 1. Plaintiffs motion for class certification is GRANTED as to the causes of action
for breach of contract and unfair business practices (under California Business & Professions Code §17200, Et Seq.). 2. The Court certifies Plaintiffs claims on behalf of a class (the "Class") of all
persons and/or entities who entered into on-line form contracts known as the "Google Inc. AdWords Program Terms" for United States advertising, and paid money to Google, Inc. for "clicks" on AdWords ads from June 24, 2001 to the present date. 3. Excluded from the Class are: Google, officers and directors of Google, members
of their immediate families and each of their legal representatives, heirs, successors or assigns and any entity in which Google has or has had a controlling interest. 4. 5. The Court appoints AIT as Class Representative. The Court appoints Kabateck Brown Kellner LLP, Chitwood Harley Harnes LLP
and Law Offices of Shawn Khorrami as sole attorneys for the Class. 6. Attorneys for the Class shall prepare and submit within 30 days of the date of this
Order a proposed form of notice to be sent to members of the Class. 7. Google shall prepare and submit to the Court and to Class Counsel within 30 days
of the date of this Order a list of names and addresses of all Class members who can be identified with diligent effort.
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[PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR CLASS CERTIFICATION CASE NO. C-05-02579-RMW
Case 5:05-cv-02579-RMW
Document 35-7
Filed 03/06/2006
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IT IS SO ORDERED.
Dated: ______________________, 2006
__________________________________________ THE HONORABLE RONALD M. WHYTE United States District Court Judge
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[PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR CLASS CERTIFICATION CASE NO. C-05-02579-RMW
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