Person v. Google Inc.

Filing 8

Case 5:06-cv-07297-JF

Document 8

Filed 01/02/2007

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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 FRANCISCO DIVISION

CARL E. PERSON, Plaintiff, v. GOOGLE INC., Defendant.

) ) ) ) ) ) ) ) ) )

CASE NO.: C 06-7297 (SI) DECLARATION OF DAVID H. KRAMER IN SUPPORT OF DEFENDANT'S ADMINISTRATIVE MOTION TO TRANSFER CASE TO SAN JOSE DIVISION Before: Hon. Susan Illston

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 December 28, 2006, I contacted Mr. Person, who is an attorney and is

representing himself in this action, and requested that he consent to Google's request that this action be transferred to the San Jose Division. Mr. Person said he would "let me know." On January 2, 2007, I again contacted Mr. Person seeking his consent. Mr. Person advised me that he did not consent to this request. 3. Annexed hereto as Exhibit A is a copy of the docket sheet for plaintiff's action,

initially filed in the United States District Court for the Southern District of New York.
KRAMER DECL. ISO DEF.'S ADM. MOTION CASE NO. C 06-7297 SI
3019706_1.DOC

Case 5:06-cv-07297-JF

Document 8

Filed 01/02/2007

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4.

Annexed hereto as Exhibit B is a copy of the Complaint Mr. Person filed in this

5.

Annexed hereto as Exhibit C is a copy of the AdWords Agreement that plaintiff

signed (via electronic assent) in November 2003, prior to purchasing advertising services through Google's AdWords Program. The Agreement was previously authenticated by a Google representative in this action. 6. Annexed hereto as Exhibit D is a 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. 7. Annexed hereto as Exhibit E is a copy of the docket sheet for plaintiff's action

after transfer to this District. 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 2, 2007 at Palo Alto, California. By: /s/ David H. Kramer David H. Kramer

KRAMER DECL. ISO DEF.'S ADM. MOTION CASE NO. C 06-7297 SI

3019706_1.DOC