Largo Cargo Co v. Google, Inc.

Filing 35

STIPULATION AND ORDER 33 Amending Form of E-Mail Notice to Potential Settlement Class Members. Signed by Judge Ronald M. Whyte on 11/22/10. (jg, COURT STAFF) (Filed on 11/22/2010)

Largo Cargo Co v. Google, Inc.

Doc. 35

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KEKER & VAN NEST LLP CHRISTA M. ANDERSON - #184325 DAVID J. SILBERT - #173128 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant GOOGLE INC. *E-FILED - 11/22/10*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

LARGO CARGO CO., a Florida corporation, individually and on behalf of others similarly situated, Plaintiff, v. GOOGLE INC., a Delaware corporation; and DOES 1 through 10, inclusive, Defendants.

Case No. 5:10-cv-00241 RMW STIPULATION AND [] ORDER AMENDING FORM OF E-MAIL NOTICE TO POTENTIAL SETTLEMENT CLASS MEMBERS Dept: Judge: 6 Hon. Ronald M. Whyte January 19, 2010

Date Comp. Filed: Trial Date: None set.

527934.01

STIPULATION AND [] ORDER AMENDING EMAIL NOTICE TO POTENTIAL SETTLEMENT CLASS MEMBERS CASE NO. 5:10-cv-00241 RMW Dockets.Justia.com

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WHEREAS, on October 15, 2010, the parties to this case entered into a Stipulation and Agreement of Settlement ("Settlement") in this matter; WHEREAS, on November 5, 2010, the Court preliminarily approved the Settlement pursuant to its Order Preliminarily Approving Settlement, Providing For Notice, and Setting Final Approval Hearing, Docket No. 31 (the "Order"); WHEREAS, Exhibit C to the Order sets forth the form of e-mail notice to be provided to the potential settlement class members (the "E-mail Notice"); and WHEREAS, the parties wish to add language to the notice to assist in preventing third parties from engaging in fraudulent activities in connection with the e-mail notice; NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties, through their respective attorneys, that the following language be added to the end of the E-mail Notice (a complete copy of the amended E-mail Notice is attached hereto as Exhibit C): Please note that Google will never ask you for password information or other personal credentials when sending you notices. If you suspect someone is improperly using Google's name or products to obtain your personal information, please report the message as phishing. See http://mail.google.com/support/bin/answer.py?answer=184963.

This mandatory announcement was sent to certain AdWords users in the U.S. as part of a legal settlement and was authorized by the United States District Court for the Northern District of California.

Dated: November 16, 2010

KEKER & VAN NEST LLP By: /s/ Christa M. Anderson CHRISTA M. ANDERSON DAVID J. SILBERT REBEKAH L. PUNAK Attorneys for Defendant GOOGLE INC. 1

527934.01

STIPULATION AND ORDER AMENDING FORM OF E-MAIL NOTICE TO POTENTIAL SETTLEMENT CLASS MEMBERS -- CASE NO. 5:10-cv-00241 RMW

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Dated: November 16, 2010

KABATECK BROWN KELLNER, LLP By: /s/ Alfredo Torrijos BRIAN S. KABATECK RICHARD L. KELLNER ALFREDO TORRIJOS Attorneys for Plaintiff LARGO CARGO CO. Filer's Attestation: Pursuant to General Order No. 45, Section X.B. regarding nonfiling signatories, Christa Anderson hereby attests that concurrence in the filing of this Stipulation has been obtained from Alfredo Torrijos.

IT IS SO ORDERED

11/22/10 DATE: ________________________________

BY:

__________________________________ The Honorable Ronald M. Whyte United States District Court Judge

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527934.01

STIPULATION AND ORDER AMENDING FORM OF E-MAIL NOTICE TO POTENTIAL SETTLEMENT CLASS MEMBERS -- CASE NO. 5:10-cv-00241 RMW