Kinderstart.Com, LLC v. Google, Inc.

Filing 70

Kinderstart.Com, LLC v. Google, Inc.

Doc. 70 Att. 3

Case 5:06-cv-02057-JF

Document 70-4

Filed 11/17/2006

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KinderStart.com LLC v. Google, Inc. C 06-2057 JF

EXHBIT 3
DECLARATION OF RANDALL McCARLEY IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION FOR SANCTIONS AGAINST PLAINTIFF AND ITS LEGAL COUNSEL UNDER FED.R.CIV.P. 11

Dockets.Justia.com

Case 5:06-cv-02057-JF

Document 70-4

Filed 11/17/2006

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Gregory J. Yu (State Bar No. 133955) GLOBAL LAW GROUP 2015 Pioneer Court, Suite P-1 San Mateo, CA 94403 Telephone: [phone] Facsimile: [phone] E-mail: glgroup [at] inreach [dot] com Attorney for Plaintiffs and Proposed Class and Subclasses

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C 06-2057 JF KINDERSTART.COM LLC, a California limited liability company, on behalf of itself and all others similarly situated, DECLARATION OF RANDALL McCARLEY IN SUPPORT OF Plaintiffs, PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION FOR v. SANCTIONS AGAINST KINDERSTART AND ITS LEGAL GOOGLE, INC., a Delaware corporation, COUNSEL UNDER FED. R. CIV. P. 11 Defendant.

I, RANDALL McCARLEY, HEREBY DECLARE AS FOLLOWS: 1. 2. I am sole proprietor of a firm called 14th Colony based in Sacramento, California. For the past 10 years, I have worked with numerous clients and their Websites to

determine if their sites are designed in a way and manner to make them appealing, user-friendly, and accessible through a search engine. 3. Since 1999, I have regularly used the search engine of Google at www.google.com

multiple times each week on various topics. I have used the engine for both personal reasons and client-related reasons. For client work, I carefully examine key word search engine results pages generated by Google's engine. In all of my searches with Google's engine within the U.S., I have never seen on a search engine results page any notice that the certain search results
DECLARATION OF RANDALL McCARLEY IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT'S -1MOTION FOR SANCTIONS UNDER RULE 11

Case No. C 06-2057 JF

Case 5:06-cv-02057-JF

Document 70-4

Filed 11/17/2006

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were removed from view because of censorship or violation of Webmaster guidelines. Before September 22, 2006, I communicated to Plaintiffs' counsel by telephone the foregoing information about my search engine use and experience. I DECLARE UNDER PENALTY OF PERJURY, that the above is based on my personal knowledge, except for those matters above stated on information and belief. Executed on this 16th day of November, 2006 in Sacramento, California. By:___/s/ Randall McCarley__________________ RANDALL McCARLEY

DECLARATION OF RANDALL McCARLEY IN SUPPORT OF PLAINTIFFS' OPPOSITION TO DEFENDANT'S -2MOTION FOR SANCTIONS UNDER RULE 11

Case No. C 06-2057 JF