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

Filing 336

Opposition to [proposed] 8/11/09 hearing re: 334 Ex Parte MOTION to Shorten Time for Hearing on Plaintiffs' Motion to Compel Objector Depositions by Randy R. Lyons, Chase Thompson. (Miller, Steve) (Filed on 8/10/2009) Modified text on 8/13/2009,(counsel used incorrect event.) (cv, COURT STAFF).

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CLRB Hanson Industries, LLC et al v. Google Inc. Doc. 336 Case5:05-cv-03649-JW Document336 Filed08/10/09 Page1 of 3 1 Steve A. Miller (CA Bar No. 171815) Steve A. Miller, PC 3 1625 Larimer Street, No. 2905 Denver, CO 80202 4 Ph# 303-892-9933 Fax: 303-892-8925 5 2 6 7 8 9 10 11 12 IN RE: 13 CLRB HANSON INDUSTRIES, LLC d/b/a INDUSTRIAL PRINTING, and HOWARD 14 STERN, on behalf of themselves and all others similarly situated, 15 16 17 GOOGLE, INC. 18 19 20 21 22 23 On Friday, August 7, 2009, the undersigned counsel called Magistrate Judge Trumbull's docket clerk to advise that the undersigned's paralegal had discovered Plaintiffs' Notice of Defendant. Plaintiffs, v. CASE NO: C 05-03649 JW PVT OPPOSITION TO PROPOSED AUGUST 11, 2009 HEARING RE: MOTION TO COMPEL OBJECTOR TESTIMONY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Attorney for Objectors 24 Motion and Motion to Compel Objector Depositions [333] and Plaintiffs' Motion to Shorten 25 Time for Hearing on Plaintiffs' Motion to Compel Objector Depositions [334] as a result of a 26 PACER search. Magistrate Trumbull's docket clerk reported that it had been noted that the 27 28 Page 1 Dockets.Justia.com Case5:05-cv-03649-JW Document336 Filed08/10/09 Page2 of 3 1 undersigned counsel had not received service and referred the undersigned counsel to Magistrate 2 3 4 5 6 This morning, August 10, 2009, the undersigned counsel's office received documents 333 and 334 via regular U.S. mail. As a result of the failure of service until this morning, the Trumbull's law clerk who advised that the undersigned should submit a filing Monday morning, August 10, 2009 regarding the failure of service of documents 333 and 334. 7 undersigned counsel objects to a hearing on this matter being scheduled tomorrow, August 11, 8 2009. The undersigned counsel believes there is compelling legal authority in this District to 9 prohibit unnamed class member depositions and wants a full and fair opportunity to oppose 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 2 Plaintiff counsel's oppressive attempt at depositions before the September 14, 2009 Fairness Hearing. See Local Rule 6-3(c). Respectfully submitted, /s/Steve Miller Steve A. Miller (CA Bar No. 171815) Steve A. Miller, PC 1625 Larimer Street, No. 2905 Denver, CO 80202 Ph# 303-892-9933 Fax: 303-892-8925 Email: sampc01@gmail.com Case5:05-cv-03649-JW Document336 Filed08/10/09 Page3 of 3 1 2 CERTIFICATE OF SERVICE I hereby certify that on the 10th day of August, 2009, I have electronically filed the 3 foregoing document with the Clerk of the Court using the CM/ECF which will send notification of such filing to the following: 4 Plaintiff's Counsel: 5 Lester L. Levy Wolf Popper, LLP 6 845 Third Avenue 7 New York, NY 10022 8 Rachel S. Black Daniel Shih 9 Susman Godfrey, LLP 1201 Third Avenue, Suite 3800 10 Seattle, WA 98101 11 Google Counsel: 12 Daralyn Durie Durie Tangri Lemley Roberts & Kent 13 332 Pine Street, Suite 200 14 San Francisco, CA 94104 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 3 /s/Steve A. Miller Steve A. Miller

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