Gaos v. Google Inc.

Filing 30

Declaration of Jean B. Niehaus in Support of 29 MOTION to Dismiss First Amended Complaint Pursuant to Rules 12(b)(1) and 12(b)(6) filed by Google Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Related document(s) 29 ) (Niehaus, Jean) (Filed on 5/16/2011) Modified on 5/16/2011 (cv, COURT STAFF).

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1 2 3 4 5 RANDALL W. EDWARDS (S.B. #179053) JEAN B. NIEHAUS (S.B. #254891) O’MELVENY & MYERS LLP Two Embarcadero Center, 28th Floor San Francisco, CA 94111-3823 Telephone: (415) 984-8700 Facsimile: (415) 984-8701 Attorneys for Defendant Google Inc. 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 PALOMA GAOS, an individual, on behalf of herself and all others similarly situated, 13 Plaintiff, 14 v. 15 GOOGLE INC., a Delaware Corporation, Case No. 5:10-cv-04809-EJD DECLARATION OF JEAN B. NIEHAUS IN SUPPORT OF GOOGLE INC’S MOTION TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT PURSUANT TO RULES 12(b)(1) AND 12(b)(6) 16 Defendant. 17 18 Hearing Date: Time: Place: Judge: October 28, 2011 9:00 a.m. Courtroom 1, 5th Floor Hon. Edward J. Davila 19 20 21 22 23 24 25 26 27 28 NIEHAUS DECL. ISO MOT. TO DISMISS 5:10-CV-04809-EJD 1 I, Jean B. Niehaus, declare as follows: 2 1. I am a member in good standing of the Bar of the State of California and an 3 associate with the law firm of O’Melveny & Myers, LLP, counsel for defendant Google Inc. in 4 this matter. I submit this Declaration in support of Google’s Motion to Dismiss Plaintiff’s First 5 Amended Complaint Pursuant To Rules 12(b)(1) and 12(b)(6). I make this declaration of my 6 own personal knowledge and, if called as a witness, would testify to the matters set forth below. 7 2. Attached hereto as Exhibit 1 is a true and correct copy of the Google 8 Privacy Policy, dated October 3, 2010 and printed on May 16, 2011 from Google’s website. It is 9 available at The October 3, 2010 10 Privacy Policy is referenced in paragraph 22 of the Complaint. The language quoted from the 11 October 3, 2010 Privacy Policy in Google’s Motion to Dismiss, filed herewith, is identical to the 12 language in the October 14, 2005 Privacy Policy referenced in paragraph 20 of Plaintiff’s First 13 Amended Complaint (“FAC”). 14 3. Attached hereto as Exhibit 2 is a true and correct copy of the Google 15 Privacy Center Privacy FAQ, printed on May 16, 2011 from Google’s website. It is available at 16 The Google Privacy Center Privacy FAQ is 17 referenced in paragraph 21 of Plaintiff’s FAC. 18 4. Attached hereto as Exhibit 3 is a true and correct copy of the Order 19 Granting In Part And Denying In Part Defendant’s Motion To Dismiss in In re Facebook Privacy 20 Litigation, Case No. 5:10-cv-02389-JW, Dkt. No. 91 (N.D. Cal. May 12, 2011), printed on May 21 16, 2011 from the Public Access to Court Electronic Records (“PACER”) website. 22 23 I declare under penalty of perjury under the laws of the United States and the State 24 of California that the foregoing is true and correct. Executed on May 16, 2011 in San Francisco, 25 CA. 26 27 /s/ Jean B. Niehaus Jean B. Niehaus 28 -2- NIEHAUS DECL. ISO MOT. TO DISMISS 5:10-CV-04809-EJD

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