Person v. Google Inc.

Filing 18

Declaration of David H. Kramer in Support of 17 MOTION to Dismiss Defendant Google Inc.'s Notice of Motion and Motion to Dismiss the Complaint; Memorandum of Points and Authorities filed byGoogle Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Related document(s)17) (Kramer, David) (Filed on 1/25/2007)

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Case 5:06-cv-07297-JF Document 18 Filed 01/25/2007 Page 1 of 3 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 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 Attorneys for Defendant Google Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CARL E. PERSON, Plaintiff, v. GOOGLE INC., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: C 06-7297 JF (RS) DECLARATION OF DAVID H. KRAMER IN SUPPORT OF DEFENDANT GOOGLE INC.'S MOTION TO DISMISS THE COMPLAINT Date: Time: Dept: Before: March 2, 2007 9:00 a.m. 3 Hon. Jeremy Fogel KRAMER DECL. ISO DEF.'S MOTION TO DISMISS CASE NO. C 06-7297 JF (RS) Case 5:06-cv-07297-JF Document 18 Filed 01/25/2007 Page 2 of 3 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, 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. Annexed hereto as Exhibit A is a true and correct copy of the Google Inc. Advertising Program Terms ("AdWords Agreement") from the Google AdWords website, found at https://adwords.google.com/select/TCUSbilling0406.html. 3. Annexed hereto as Exhibit B is a true and correct copy of the Declaration of David DiNucci (and all exhibits appended thereto), executed August 28, 2006, and filed in connection with Google's motion to dismiss for improper venue. 4. this action. 5. Annexed hereto as Exhibit D is a true and correct copy of the docket sheet for Annexed hereto as Exhibit C is a true and correct copy of the Complaint filed in plaintiff's action, initially filed in the United States District Court for the Southern District of New York. 6. Annexed hereto as Exhibit E is a true and correct copy of the amendments to the Complaint, filed by plaintiff on August 3, 2006. 7. Annexed hereto as Exhibit F is a true and correct copy of the transcript from oral argument, held September 13, 2006, concerning Google's motion to dismiss. 8. Annexed hereto as Exhibit G is a true and correct copy of the Opinion and Order, filed October 11, 2006 in this case, granting Google's motion to dismiss the complaint for improper venue and transferring the case to the Northern District of California at San Jose. // // // // // KRAMER DECL. ISO DEF.'S MOTION TO DISMISS CASE NO. C 06-7297 JF (RS) -1- Case 5:06-cv-07297-JF Document 18 Filed 01/25/2007 Page 3 of 3 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 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 January 25, 2007 at Palo Alto, California. By: /s/ David H. Kramer David H. Kramer KRAMER DECL. ISO DEF.'S MOTION TO DISMISS CASE NO. C 06-7297 JF (RS) -2-

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