Mizera v. Google

Filing 31

Mizera v. Google

Doc. 31

Case 5:05-cv-02885-RMW

Document 31

Filed 03/29/2006

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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 ADVANCED INTERNET TECHNOLOGIES, INC., a North Carolina corporation, Individually and on behalf of all others similarly situated, Plaintiffs, v. 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, Plaintiff, v. GOOGLE, INC., a Delaware corporation; and DOES 1 through 100, inclusive, Defendants. Case No. C 05 02579 RMW Consolidated with Case No. C 05 02885 RMW DECLARATION OF DAVID J. SILBERT Judge: Hon. Ronald M. Whyte June 24, 2005

Date Comp. Filed: Trial Date: None set

370045.01

SILBERT DECLARATION Case No. C 05 02579 RMW Consolidated with C 05 02885 RMW
Dockets.Justia.com

Case 5:05-cv-02885-RMW

Document 31

Filed 03/29/2006

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I, David J. Silbert, declare that the following is true: 1. I am an attorney licensed to practice in the State of California and before this Court. I am a partner in the law firm of Keker & Van Nest, LLP, counsel for defendant Google, Inc. ("Google") in these coordinated actions. I make this declaration of my own personal knowledge, and if called to do so, I would testify to these facts under oath. 2. Attached hereto as Exhibits A, B, and C are true and correct copies of Google's Motion to Stay Pending Settlement filed on March 9, 2006; Plaintiff's Opposition to Defendant's Motion to Stay filed on March 13, 2006; and Google's Reply in Support of Motion to Stay Pending Settlement, filed on March 16, 2006. 3. On March 27, 2006, plaintiffs AIT and Mizera, and former plaintiff Click Defense, served written responses to Google's document requests. Those responses contain numerous objections and refusals to produce documents that Google believes are unfounded. Neither AIT, Mizera, nor Click Defense has yet produced any documents. 4. In late January or early February 2006, approximately one week before plaintiffs' class-certification motion was due, plaintiffs asked Google to stipulate to continue the deadline for them to file their motion. Google agreed to do so. Further, in order to preserve the scheduled hearing date, Google stipulated that plaintiffs could have four additional weeks to file their motion, while Google's deadline for filing its opposition would be moved by only two weeks, thereby reducing by two weeks Google's time to oppose the motion. Attached hereto as Exhibit D is a true and correct copy of the Stipulation and [Proposed] Order filed on February 6, 2006 effecting that agreement. 5. On March 28, 2006 I spoke by telephone to plaintiffs' counsel Darren Kaplan and asked whether plaintiffs would stipulate to vacate the existing class-certification dates to allow the Court to consider and rule on Google's motion to stay. Mr. Kaplan declined to so stipulate. /// /// /// /// 1
SILBERT DECLARATION Case No. C 05 02579 RMW Consolidated with C 05 02885 RMW

370045.01

Case 5:05-cv-02885-RMW

Document 31

Filed 03/29/2006

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I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on March 29, 2006 in San Francisco, California. /s/ David Silbert __ DAVID J. SILBERT

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SILBERT DECLARATION Case No. C 05 02579 RMW Consolidated with C 05 02885 RMW