CLRB Hanson Industries, LLC et al v. Google Inc.

Filing 164

Declaration of Michele Raphael in Support of 163 MOTION to Seal Pursuant to CIV. L.R. 79-5(d) Portions of Plaintiffs' Supplemental Reply Memo Due to Confidential Designations by Defendant filed byCLRB Hanson Industries, LLC, Howard Stern. (Related document(s) 163 ) (Raphael, Michele) (Filed on 5/29/2007)

CLRB Hanson Industries, LLC et al v. Google Inc.

Doc. 164

Case 5:05-cv-03649-JW

Document 164

Filed 05/29/2007

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Lester L. Levy (Admitted Pro Hac Vice) Michele F. Raphael (Admitted Pro Hac Vice) WOLF POPPER LLP 845 Third Avenue New York NY 10022 Telephone: [phone] Facsimile: 212.486.2093 e-mail: [e-mail] e-mail: [e-mail] William M. Audet (SBN 117456) AUDET & PARTNERS, LLP 221 Main Street, Suite 1460 San Francisco, CA 94105-1938 Telephone: [phone] Facsimile: 415.568.2556 e-mail: [e-mail] Attorneys for Plaintiffs and the Proposed Class UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CLRB HANSON INDUSTRIES, LLC d/b/a INDUSTRIAL PRINTING, and HOWARD STERN, on behalf of themselves and all others similarly situated, Plaintiffs, vs. GOOGLE, INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO: C05-03649 JW DECLARATION OF MICHELE F. RAPHAEL IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE MOTION PURSUANT TO CIV. L.R. 79­5(d) TO FILE UNDER SEAL PORTIONS OF PLAINTIFFS' SUPPLEMENTAL REPLY MEMORANDUM DUE TO CONFIDENTIAL DESIGNATIONS BY DEFENDANT GOOGLE, INC. Civ. L.R. 79-5(d) Courtroom: 8 Judge: Hon. James W. Ware

DECLARATION OF MICHELE F. RAPHAEL IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE MOTION PURSUANT TO CIV. L.R. 79­5(d) TO FILE UNDER SEAL PORTIONS OF PLAINTIFFS' SUPPLEMENTAL REPLY MEMORANDUM DUE TO CONFIDENTIAL DESIGNATIONS BY GOOGLE, INC. 157468

Doc. 157468

Dockets.Justia.com

Case 5:05-cv-03649-JW

Document 164

Filed 05/29/2007

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I, MICHELE F. RAPHAEL, declare as follow: 1. I am a member of Wolf Popper LLP, counsel for Plaintiffs CLRB Hanson Industries,

LLC d/b/a Industrial Printing and Howard Stern (collectively, "Plaintiffs") in this action against Google, Inc ("Google"). I have personal knowledge of the facts stated herein. I submit this declaration in support of Plaintiffs' administrative motion pursuant to Civ. L. R. 79-5(d) to file under seal, portions of Plaintiffs' Supplemental Reply Memorandum in Support of Plaintiffs' Motion for Partial Summary Judgment ("Plaintiffs' Supplemental Reply Memorandum") because it

incorporates, refers to, and/or cites documents which Defendant Google, Inc. has designated confidential pursuant to the Protective Order entered on May 15, 2007. 2. Plaintiffs' Supplemental Reply Memorandum addresses information gleaned from

discovery ordered by this Court, namely, the depositions of Google employees, Mr. Schulman, Ms. Wilburn and Mr. Venkataraman, and documents produced by Google in connection with these depositions. 3. Defendant has designated the entire transcripts from the depositions of Messrs.

Schulman and Venkataraman as confidential and has designated portions of the transcript from Ms. Wilburn's deposition as confidential. Defendant has also designated as confidential exhibits marked at these depositions. Plaintiffs have objected to Defendant's en masse designations without regard to the specific content of the documents, as improper and in violation of the Protective Order. Plaintiffs have also requested that Defendant provide tailored designations, as required.

Nevertheless, as of this time the documents are still designated confidential and therefore, as per the Protective Order, Plaintiffs need to request that certain portions of Plaintiffs' Supplemental Reply Memorandum be filed under seal. 4. Concurrent with this submission, Plaintiffs are lodging with the Clerk of the Court

two copies of Plaintiffs' Supplemental Reply Memorandum which identify by yellow highlighting those portions which annex, cite, and/or refer to material designated by Defendant as confidential. One copy is intended for review by this Court. Plaintiffs are also lodging with the Clerk of the Court
DECLARATION OF MICHELE F. RAPHAEL IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE MOTION PURSUANT TO CIV. L.R. 79­5(d) TO FILE UNDER SEAL PORTIONS OF PLAINTIFFS' SUPPLEMENTAL REPLY MEMORANDUM DUE TO CONFIDENTIAL DESIGNATIONS BY GOOGLE, INC. 157468

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Case 5:05-cv-03649-JW

Document 164

Filed 05/29/2007

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a redacted version thereof to place in the public record in the event this Court orders that the highlighted portions be filed under seal. Dated: May 29, 2007 /s/ Michele F. Raphael

DECLARATION OF MICHELE F. RAPHAEL IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE MOTION PURSUANT TO CIV. L.R. 79­5(d) TO FILE UNDER SEAL PORTIONS OF PLAINTIFFS' SUPPLEMENTAL REPLY MEMORANDUM DUE TO CONFIDENTIAL DESIGNATIONS BY GOOGLE, INC. 157468

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