Kinderstart.Com, LLC v. Google, Inc.

Filing 75

Kinderstart.Com, LLC v. Google, Inc.

Doc. 75

Case 5:06-cv-02057-JF

Document 75

Filed 12/01/2006

Page 1 of 2

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DAVID H. KRAMER, State Bar No. 168452 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 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) DECLARATION OF DAVID H. KRAMER IN SUPPORT OF DEFENDANT'S ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED Before: Hon. Jeremy Fogel

KRAMER DECL. ISO DEF.'S ADM. MOTION CASE NOS. C 06-2057 JF (RS), 06-7297 JCS

3003868_1.DOC

Dockets.Justia.com

Case 5:06-cv-02057-JF

Document 75

Filed 12/01/2006

Page 2 of 2

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I, David H. Kramer, declare as follows: 1. I am a partner with Wilson Sonsini Goodrich & Rosati ("WSGR") and counsel of

record for Defendant Google Inc. ("Google") in this action. The following facts are true of my personal knowledge and if called and sworn as a witness, I could and would testify competently to them. 2. On November 30, 2006, I contacted counsel for plaintiff Kinderstart.com LLC

("Kinderstart") and requested that counsel consent to Google's request that the action captioned Person v. Google, C 06-7297 JCS ("Person"), be accepted as a related case to the abovecaptioned action. KinderStart's Counsel, Greg Yu, Esq., consented to this request. 3. On November 30, 2006, I left a telephonic message for plaintiff Carl E. Person,

seeking to determine whether he would consent to Google's request that his action be accepted as a related case to the above-captioned action. Mr. Person did not respond to my inquiry. I telephoned Mr. Person again on the morning of December 1, 2006, and left a further message reiterating my request. Again, I did not receive a response. 4. Annexed hereto as Exhibit A is a copy of the Second Amended Complaint filed in

the above-captioned action. 5. Annexed hereto as Exhibit B is a copy of the docket sheet for Mr. Person's

action, initially filed in the United States Court for the Southern District of New York. 6. 7. Annexed hereto as Exhibit C is a copy of the Complaint filed in the Person action. Annexed hereto as Exhibit D is a copy of the Opinion and Order, filed October

11, 2006 in Person, granting Google's motion to dismiss the complaint for improper venue and transferring the case to this Court. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct to the best of my knowledge. Executed on December 1, 2006 at Palo Alto, California. By: /s/ David H. Kramer David H. Kramer

KRAMER DECL. ISO DEF.'S ADM. MOTION CASE NOS. C 06-2057 JF (RS), 06-7297 JCS