Benitti v. Google, Inc.

Filing 6

Declaration of J. Paul Gignac in Support of Administrative Motion to Relate the Benitti Case to (10-2187JW) re ( 5 ) filed by Rick Benitti. (Attachments: # 1 Exhibit Complaint) (Gignac, J. Paul) (Filed on 8/25/2010) Text modified and linkage added on 8/26/2010 (bw, COURT STAFF). Modified on 8/26/2010 (bw, COURT STAFF).

Benitti v. Google, Inc.

Doc. 6

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J. Paul Gignac, State Bar No. 125676 ARIAS OZZELLO & GIGNAC LLP 115 S. La Cumbre Lane, Suite 300 Santa Barbara, California 93105 Telephone: [phone] Facsimile: [phone] Email: [e-mail]

Robert W. Killorin, Esq. Craig G. Harley, Esq. CHITWOOD HARLEY HARNES LLP 1230 Peachtree Street NE Atlanta, Georgia 30309 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail]

Attorneys for Plaintiff Ric Benitti

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

MATTHEW BERLAGE, AARON LINSKY and JAMES FAIRBANKS, on behalf of themselves and all others similarly situated, Plaintiffs, v. GOOGLE, INC., a Delaware corporation,

Case No. CV 10-02187 JW CLASS ACTION DECLARATION OF J. PAUL GIGNAC IN SUPPORT OF ADMINISTRATIVE MOTION TO RELATE THE BENITTI CASE The Honorable James Ware

Defendant. RIC BENITTI, on behalf of himself and all others similarly situated, Plaintiff, v. GOOGLE, INC., a Delaware corporation, and DOES 1 through 1000, inclusive, Defendants. The Honorable Patricia V. Trumbull Case No. CV 10-03297 PVT CLASS ACTION

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GIGNAC DECL. IN SUPPORT OF ADMINISTRATIVE MOTION TO RELATE THE BENITTI CASE

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I, J. Paul Gignac, declare as follows: 1. I have personal knowledge of the matters stated herein. If called as a witness, I

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could and would testify truthfully and competently thereto under oath. 2. I am licensed to practice before all of the courts of the State of California, and I

am admitted to practice before the United States District Court for the Northern District of California. 3. I am a partner at the law firm of Arias Ozzello & Gignac LLP in Santa Barbara,

California, and I am co-counsel for plaintiff Ric Benitti in Benitti v. Google, Inc., Case No. CV 10-03297 PVT ("Benitti"). 4. I submit this Declaration in support of the Administrative Motion to Relate the

Benitti Case Pursuant to Civil Local Rule 3-12 ("Administrative Motion"). 5. Attached hereto as Exhibit A is a true and correct copy of the complaint that was

filed in the Benitti action on July 27, 2010 in the Northern District of California and assigned to the Honorable Patricia V. Trumbull. 6. The cases listed in the Related Actions section of the Administrative Motion all

arise out of the same transactions and events and assert claims for violations of the Federal Wiretap Act, 18 U.S.C. § 2511, et seq., against the same defendant, Google, Inc. 7. A stipulation pursuant to Civil Local Rule 7-11(a) could not be obtained because

the defendant in the Benitti action has not yet appeared. I declare under penalty of perjury, under the laws of the United States of America, that the foregoing is true and correct.

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Executed this 25th day of August, 2010 at Santa Barbara, California. /s/ J. Paul Gignac

-2GIGNAC DECL. IN SUPPORT OF ADMINISTRATIVE MOTION TO RELATE THE BENITTI CASE