Gonzales v. Google Inc.

Filing 28

RESPONSE to re 19 Amicus Curiae Appearance Movant's Statement in Response to Application for Leave to File Amicus Curiae Brief by Alberto R. Gonzales. (McElvain, Joel) (Filed on 3/9/2006)

Gonzales v. Google Inc.

Doc. 28

Case 5:06-mc-80006-JW

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PETER D. KEISLER Assistant Attorney General THEODORE HIRT Assistant Branch Director JOEL McELVAIN, D.C. Bar No. 448431 Trial Attorney U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave., NW Washington, DC 20001 Telephone: [phone] Fax: [phone] Email: [e-mail] Attorneys for Alberto R. Gonzales IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA (SAN JOSE DIVISION) ALBERTO R. GONZALES, in his official ) capacity as ATTORNEY GENERAL OF THE ) UNITED STATES, ) ) Movant, ) ) v. ) ) GOOGLE INC., ) ) Respondent. ) )

Case No. 5:06-mc-80006-JW Movant's Statement in Response to Application for Leave to File Amicus Curiae Brief Hearing: Time: March 14, 2006 9:00 a.m.

The movant, Alberto R. Gonzales, in his official capacity as Attorney General of the United States, respectfully submits this statement of his position in response to the application of Andrea M. Matwyshyn, et al., for leave to file an amicus curiae brief. (Doc. 19.) That application was filed on the same date as was the movant's reply brief, and so movant has not previously had the opportunity to respond to it. The movant does not oppose the granting of the application. The amici also request this Court to permit further briefing. The movant respectfully opposes that suggestion, for three reasons. First, as amici acknowledge, the Court need not reach the issue concerning the Electronic Communications Privacy Act (ECPA) for which they seek further briefing. The movant respectfully refers the Court to
Gonzales v. Google Inc. No. 5:06-mc-80006-JW Statement of Position re Amicus Application

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his prior argument concerning Google's waiver of this issue. (Reply Br. at 17.) Second, the subpoena does not violate the ECPA; the movant respectfully refers the Court to his prior arguments on this score. (Reply Br. at 17-21.) Third, delay in this Court's resolution of the motion to compel would be unwarranted. The United States District Court for the Eastern District of Pennsylvania has entered a case management order with respect to the underlying litigation that calls for the submission of expert reports by May 3, 2006, and the commencement of trial on October 23, 2006. In order to accommodate this case management schedule, the defendant has respectfully requested this Court to expedite its decision on the motion to compel, and to order Google to comply within 21 days of its order. (See Reply Br. at 21.) Dated: March 9, 2006 Respectfully submitted, PETER D. KEISLER Assistant Attorney General THEODORE HIRT Assistant Branch Director /s/ JOEL McELVAIN Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave., NW, Room 7130 Washington, D.C. 20001 Telephone: [phone] Fax: [phone] Email: [e-mail] Attorneys for the Movant, Alberto R. Gonzales

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Gonzales v. Google Inc. No. 5:06-mc-80006-JW Statement of Position re Amicus Application

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CERTIFICATE OF SERVICE I hereby certify that I have made service of the foregoing Movant's Statement in Response to Application for Leave to File Amicus Curiae Brief by depositing in Federal Express at Washington, D.C., on March 9, 2006, true, exact copies thereof, enclosed in an envelope with postage thereon prepaid, addressed to: Albert Gidari, Jr., Esquire Perkins Coie, LLP 1201 Third Avenue Seattle, WA 98101-3099 (Counsel for Respondent Google Inc.) Lisa Delehunt Olle, Esquire Perkins Coie, LLP 180 Townsend Street, Third Floor San Francisco, CA 94107 (Counsel for Respondent Google Inc.) Aden J. Fine, Esquire American Civil Liberties Union Foundation 125 Broad Street New York, NY 10004 (Counsel for Plaintiffs, ACLU v. Gonzalez, E.D. Pa. No. 98-cv-5591) Jennifer Stisa Granick, Esquire Center for Internet & Society Stanford Law School 559 Nathan Abbott Way Stanford, CA 94305 (Counsel for Amici) Richard Roy Wiebe, Esquire 425 California Street San Francisco, CA 94104 (Counsel for Amicus)

/s/ JOEL McELVAIN Attorney

Gonzales v. Google Inc. No. 5:06-mc-80006-JW Statement of Position re Amicus Application