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

Filing 206

Declaration of Marc M. Seltzer in Support of 205 Brief of Plaintiffs' Supplemental Submission Re The Court's Order of August 21, 2007 filed byCLRB Hanson Industries, LLC, Howard Stern. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, Part 1, # 4 Exhibit C, Part 2, # 5 Exhibit D, Part 1, # 6 Exhibit D, Part 2, # 7 Exhibit D, Part 3, # 8 Exhibit D, Part 4, # 9 Exhibit D, Part 5, # 10 Exhibit D, Part 6, # 11 Exhibit E, # 12 Exhibit F, # 13 Exhibit G, # 14 Exhibit H, # 15 Exhibit I)(Related document(s) 205 ) (Seltzer, Marc) (Filed on 1/29/2008)

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

Doc. 20

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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: [phone] E-Mail: [e-mail] E-Mail: [e-mail] WILLIAM M. AUDET (117456) AUDET & PARTNERS, LLP 221 Main Street, Suite 1460 San Francisco, CA 94105-1938 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] MARC M. SELTZER (54534) SUSMAN GODFREY L.L.P. 1901 Avenue of the Stars, Suite 950 Los Angeles, CA 90067-6029 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Plaintiffs 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, Plaint iffs, vs. GOOGLE, INC., Defendant. Date: Time: Place: February 25, 2008 9:00 a.m. Courtroom 8 Hon. James W. Ware Case No. C 05-03649 JW

DECLARATION OF MARC M. SELTZER IN SUPPORT OF PLAINTIFFS' SUPPLEMENTAL SUBMISSION RE THE COURT'S ORDER OF AUGUST 21, 2007

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DECLARATION OF MARC M. SELTZER IN SUPPORT OF PLAINTIFFS' SUPPLEMENTAL SUBMISSION CASE NO. C 05-03649 JW

Dockets.Justia.com

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I, MARC M. SELTZER, declare as follows: 1. I am an active member of the State Bar of California, a member in good standing

of the Bar of that Court, a partner in the law firm of Susman Godfrey L.L.P., and one of the attorneys of record for plaintiffs CLRB Hanson Industries, LLC d/b/a Industrial Printing and Howard Stern in this action against Google, Inc. ("Google"). I make this declaration on personal knowledge and, if called as a witness, could and would testify competently thereto. 2. Attached hereto as Exhibit A is a true and correct copy of the Terms and

Frequently Asked Questions which Google represented was in effect at the time Howard Stern enrolled in Google's AdWords Program ("Stern Terms" and "Stern FAQs"). 3. Attached hereto as Exhibit B is a true and correct copy of the Terms and

Frequently Asked Questions which Google represented was in effect at the time that CLRB Hanson enrolled in Google's AdWords program ("Hanson Terms" and "Hanson FAQs"). 4. Attached hereto as Exhibit C is a true and correct copy of the Terms and

Frequently Asked Questions which were retrieved from Google's website at the time the initial complaint in this action was filed (August 3, 2005), and which were attached as Ex. A to Plaintiffs' Second Amended Class Action Complaint, dated May 4, 2006 (the "Aug. 2005 FAQs"). 5. Attached hereto as Exhibit D is a true and correct copy of the Frequently Asked

Questions which Google represented was in effect as of August 16, 2006, and which was marked as Ex. 21 by Defendant at the deposition of Plaintiff Howard Stern ("Aug. 2006 FAQs"). 6. Attached hereto as Exhibit E is a true and correct copy o f the page cited from

Exhibit 3 marked at the deposition of Michael Schulman, taken in this action on March 7, 2007, GOOG-HN021817. 7. Attached hereto as Exhibit F are true and correct copies of pages 67 and 68 cited

from the transcript of the deposition of Heather Wilburn, taken in this action on March 6, 2007.

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DECLARATION OF MARC M. SELTZER IN SUPPORT OF PLAINTIFFS' SUPPLEMENTAL SUBMISSION CASE NO. C 05-03649 JW

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8.

Attached hereto as Exhibit G is a true and correct copy o f e-mail correspondence

from plaintiff Howard Stern to Google, GOOG-HN00349-50. 9. Attached hereto as Exhibit H is a true and correct copy of page 29 cited from the

transcript of the deposition of CLRB Hanson, by Brett Hanson, taken in this action on August 18, 2006. 10. Attached hereto as Exhibit I is a true and correct copy of page 174 cited from the

transcript of the deposition of Howard Stern, taken in this action on August 16, 2006.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 29th day of January, 2008, at Los Angeles, California.

/s/ Marc M. Seltzer MARC M. SELTZER

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DECLARATION OF MARC M. SELTZER IN SUPPORT OF PLAINTIFFS' SUPPLEMENTAL SUBMISSION CASE NO. C 05-03649 JW