Kinderstart.Com, LLC v. Google, Inc.

Filing 23

Case 5:06-cv-02057-JF

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Filed 06/02/2006

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DAVID H. KRAMER, State Bar No. 168452 COLLEEN BAL, State Bar no. 167637 LISA A. DAVIS, State Bar No. 179854 BART E. VOLKMER, State Bar No. 223732 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: [phone] Facsimile: [phone] [e-mail] JONATHAN M. JACOBSON WILSON SONSINI GOODRICH & ROSATI Professional Corporation 12 East 49th Street, 30th Floor New York, NY 10017-8203 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendant Google Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

KINDERSTART.COM, LLC, a California limited liability company, on behalf of itself and all others similarly situated, Plaintiffs, v. GOOGLE INC., a Delaware corporation, Defendant.

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CASE NO.: C 06-2057 JF (RS) DEFENDANT GOOGLE INC.'S OPPOSITION TO KINDERSTART'S MISCELLANEOUS ADMINISTRATIVE REQUEST UNDER L.R. 7-11 TO EXCEED PAGE LENGTH OF MOTION FOR PRELIMINARY INJUNCTION FILED MAY 26, 2006

GOOGLE'S OPP'N TO KINDERSTART'S MISC. ADMIN. REQUEST TO EXCEED THE PAGE LIMIT Case No. 06-2057 JF (RS)

Case 5:06-cv-02057-JF

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Filed 06/02/2006

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OPPOSITION TO MOTION FOR ADMINISTRATIVE RELIEF Pursuant to Civil L.R. 7-11(b), defendant Google Inc. ("Google") hereby submits this opposition to plaintiff KinderStart.com LLC's ("KinderStart") Motion for Administrative Relief to Exceed Page Length of Motion for Preliminary Injunction Filed May 26, 2006 (Doc. No. 19). Google opposes KinderStart's request for three reasons. First, the request is untimely. If KinderStart wished to file a brief in excess of the page limit required by Civil L.R. 7-2(b), it should have secured such relief before filing a brief in contravention of the Local Rules. Indeed, plaintiff's counsel acknowledges that KinderStart planned to file its preliminary injunction motion as early as May 2, 2006. Google should not be put to the burden of responding to an oversized brief solely on KinderStart's whim. Second, the request is procedurally improper. Civil L.R. 7-11(a) requires a Motion for Administrative Relief to be accompanied "by either a stipulation under Civil L.R. 7-12 or by a declaration that explains why a stipulation could not be obtained." KinderStart's motion is not supported by a stipulation or a declaration. Third, the request is substantively flawed. KinderStart has not made a showing that a departure from the Local Rules is necessary to support its preliminary injunction motion which rests on allegations that Google, a private actor, has violated KinderStart's First Amendment rights. Google's previously filed Motion to Dismiss addressed this First Amendment claim in less than five pages, and dealt with all nine of KinderStart's claims for relief within the 25-page limit of Civil L.R. 7-2(b). 1

Contrary to KinderStart's assertion, Google's Motion to Dismiss did not exceed the 25 page limit of Civil L.R. 7-2(b) because tables preceding the motion are not included when calculating the length of a motion.
GOOGLE'S OPP'N TO KINDERSTART'S MISC. ADMIN. REQUEST TO EXCEED THE PAGE LIMIT Case No. 06-2057 JF (RS)

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Case 5:06-cv-02057-JF

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Filed 06/02/2006

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For these reasons, Google respectfully requests that the Court deny KinderStart's Motion for Administrative Relief to exceed the applicable page limit and strike KinderStart's oversized brief. Dated: June 2, 2006 WILSON SONSINI GOODRICH & ROSATI Professional Corporation By: /s/ David H. Kramer David H. Kramer Attorneys for Defendant Google Inc.

GOOGLE'S OPP'N TO KINDERSTART'S MISC. ADMIN. REQUEST TO EXCEED THE PAGE LIMIT Case No. 06-2057 JF (RS)

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