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

Filing 35

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: [phone] Facsimile: [phone]
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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: [phone] Facsimile: [phone]
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SHAWN KHORRAMI, SBN 180411 LAW OFFICES OF SHAWN KHORRAMI 14550 Haynes Street, Third Floor 11 Van Nuys, California 91411 Telephone: [phone] Facsimile: [phone]
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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

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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

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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