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

Filing 36

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

Doc. 36

Case 5:05-cv-02579-RMW

Document 36

Filed 03/22/2006

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RICHARD L. KELLNER, SBN 171416 FRANK E. MARCHETTI, SBN 203185 KABATECK BROWN KELLNER LLP 350 South Grand Avenue, 39th Floor Los Angeles, California 90071-3801 Telephone: [phone] Facsimile: [phone] DARREN T. KAPLAN (Admitted Pro Hac Vice) GREGORY E. KELLER (To be admitted Pro Hac Vice) CHITWOOD HARLEY HARNES LLP 2300 Promenade II 1230 Peachtree Street, NE Atlanta, Georgia 30309 Telephone: [phone] Facsimile: [phone] SHAWN KHORRAMI, SBN 180411 LAW OFFICES OF SHAWN KHORRAMI 14550 Haynes Street, Third Floor Van Nuys, California 91411 Telephone: [phone] Facsimile: [phone] 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, vs. Plaintiff, Case No. C 05 02579 RMW Consolidated with Case No. C 05 02885 RMW [PROPOSED] ORDER Date: Time: Judge: January 13, 2006 9:00 a.m. Hon. Ronald M. Whyte

GOOGLE, INC., a Delaware Corporation, and DOES 1 through 100, Inclusive, Defendants. STEVE MIZERA, an Individual, individually and on behalf of all others similarly situated, vs. Plaintiff,

GOOGLE, INC., a Delaware Corporation, and DOES 1 through 100, Inclusive, Defendants

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

Case 5:05-cv-02579-RMW

Document 36

Filed 03/22/2006

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On January 13, 2006, the Court heard plaintiff Click Defense, Inc's ("Click Defense's") 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. Click Defense's motion is GRANTED. AIT shall be substituted for Click

Defense as the named plaintiff and putative class representative. The caption shall be amended accordingly. 2. Click Defense shall produce documents in response to one set of requests for

production served by Google, and produce a witness or witnesses for one seven-hour deposition on topics noticed by Google. Google's requests for production and deposition notice shall be narrowly tailored. This Court will retain jurisdiction to resolve any disputes relating to this discovery. 3. After Click Defense produces the documents and testifies at deposition as set

forth in the preceding paragraph, if Google desires any additional discovery from Click Defense, it must serve a subpoena under Fed. R. Civ. P. 45. This Court expresses no opinion on the propriety of any such additional discovery. 4. The Court declines to order at this time that plaintiffs' counsel must make a

showing of good cause if they seek to change class representatives again. The Court will decide any such motion, including what showing plaintiffs' counsel must make, if and when such a motion is presented. IT IS SO ORDERED.

By:

________________________ RONALD M. WHYTE United States District Judge

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[PROPOSED] ORDER Case No. C 05 02579 RMW