Kinderstart.Com, LLC v. Google, Inc.

Filing 60

MOTION for Sanctions Defendant Google Inc.'s Notice of Motion and Motion for Sanctions Against KinderStart.com and Gregory J. Yu Pursuant to Fed. R. Civ. P. Rule 11 filed by Google, Inc.. Motion Hearing set for 12/8/2006 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Proposed Order)(Kramer, David) (Filed on 10/20/2006)

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Kinderstart.Com, LLC v. Google, Inc. Doc. 60 Case 5:06-cv-02057-JF Document 60 Filed 10/20/2006 Page 1 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: (650) 493-9300 Facsimile: (650) 565-5100 DKramer@wsgr.com JONATHAN M. JACOBSON WILSON SONSINI GOODRICH & ROSATI Professional Corporation 12 East 49th Street, 30th Floor New York, NY 10017-8203 Telephone: (212) 999-5800 Facsimile: (212) 999-5899 JJacobson@wsgr.com 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. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: C 06-2057 JF (RS) DEFENDANT GOOGLE INC.'S NOTICE OF MOTION AND MOTION FOR SANCTIONS AGAINST KINDERSTART.COM AND GREGORY J. YU PURSUANT TO FED. R. CIV. P. RULE 11 Before: Date: Time: Courtroom: Hon. Jeremy Fogel December 8, 2006 9:00am 3, 5th Floor GOOGLE'S RULE 11 MOTION FOR SANCTIONS CASE NO. C 06-2057 JF (RS) 2867947.3 Dockets.Justia.com Case 5:06-cv-02057-JF Document 60 Filed 10/20/2006 Page 2 of 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. NOTICE OF MOTION & MOTION FOR SANCTIONS PLEASE TAKE NOTICE that on December 8, 2006, at 9:00 a.m. or as soon thereafter as counsel may be heard by the above-entitled Court, located at 280 South First Street, Courtroom 3, 5th Floor, San Jose, California, 95113, in the courtroom of the Honorable Jeremy Fogel, defendant Google, Inc. ("Google") will seek an order imposing sanctions against plaintiff KinderStart LLC ("KinderStart") and its litigation counsel Gregory J. Yu for violation of Fed. R. Civ. P. 11 ("Rule 11). This motion is based on this Notice of Motion and Motion, the Memorandum of Points and Authorities filed herewith, the supporting declaration of Matthew Cutts and the exhibits filed therewith, the pleadings and papers on file herein, and upon such other matters as may be presented to the Court at the time of the hearing. POINTS AND AUTHORITIES INTRODUCTION AND FACTUAL BACKGROUND By this motion, Google requests that the Court enter an order pursuant to Rule 11 of the Federal Rules of Civil Procedure sanctioning plaintiff KinderStart and its counsel, Gregory J. Yu, for filing a Second Amended Complaint ("SAC") that contains specious allegations that lack any factual foundation and were made without a reasonable and competent inquiry. KinderStart and its counsel have been warned about such conduct. At the hearing on Google's motion to dismiss KinderStart's First Amended Complaint ("FAC"), the Court advised KinderStart's counsel that factual allegations must be supported by investigation: "the way litigation works is you can't just file a blanket lawsuit saying we think we're going to find some stuff and we want to take discovery. You have to have a good faith basis for asserting the claim and you have to articulate what that claim is . . . ." June 30, 2006 Hearing Tr. at 12:3-8. Despite that express admonishment, following dismissal of the FAC with leave to amend, KinderStart submitted an SAC that, to the extent that it can be understood, contains at least three types of frivolous allegations: Allegations that Google "skews" its search results and "reserves the number one top result" for entities who provide Google with payment or other forms of consideration. See SAC ¶¶ 130, 131, and 135; Declaration of Matthew Cutts ("Cutts Decl."), ¶ 2. GOOGLE'S RULE 11 MOTION FOR SANCTIONS CASE NO. C 06-2057 JF (RS) -1- 2958339_3.DOC Case 5:06-cv-02057-JF Document 60 Filed 10/20/2006 Page 3 of 8 Case 5:06-cv-02057-JF Document 60 Filed 10/20/2006 Page 4 of 8 Case 5:06-cv-02057-JF Document 60 Filed 10/20/2006 Page 5 of 8 Case 5:06-cv-02057-JF Document 60 Filed 10/20/2006 Page 6 of 8 Case 5:06-cv-02057-JF Document 60 Filed 10/20/2006 Page 7 of 8 Case 5:06-cv-02057-JF Document 60 Filed 10/20/2006 Page 8 of 8

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