In re Google Referrer Header Privacy Litigation

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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RANDALL W. EDWARDS (S.B. #179053) [e-mail]
JEAN B. NIEHAUS (S.B. #254891) [e-mail]
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3823
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
Google Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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PALOMA GAOS, an individual, on behalf
of herself and all others similarly situated,

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Plaintiff,
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v.
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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)

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Defendant.
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Hearing Date:
Time:
Place:
Judge:

October 28, 2011
9:00 a.m.
Courtroom 1, 5th Floor
Hon. Edward J. Davila

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NIEHAUS DECL. ISO MOT. TO DISMISS
5:10-CV-04809-EJD

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I, Jean B. Niehaus, declare as follows:

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1.

I am a member in good standing of the Bar of the State of California and an

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associate with the law firm of O’Melveny & Myers, LLP, counsel for defendant Google Inc. in

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this matter. I submit this Declaration in support of Google’s Motion to Dismiss Plaintiff’s First

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Amended Complaint Pursuant To Rules 12(b)(1) and 12(b)(6). I make this declaration of my

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own personal knowledge and, if called as a witness, would testify to the matters set forth below.

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2.

Attached hereto as Exhibit 1 is a true and correct copy of the Google

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Privacy Policy, dated October 3, 2010 and printed on May 16, 2011 from Google’s website. It is

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available at http://www.google.com/intl/en/privacy/privacy-policy.html. The October 3, 2010

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Privacy Policy is referenced in paragraph 22 of the Complaint. The language quoted from the

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October 3, 2010 Privacy Policy in Google’s Motion to Dismiss, filed herewith, is identical to the

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language in the October 14, 2005 Privacy Policy referenced in paragraph 20 of Plaintiff’s First

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Amended Complaint (“FAC”).

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3.

Attached hereto as Exhibit 2 is a true and correct copy of the Google

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Privacy Center Privacy FAQ, printed on May 16, 2011 from Google’s website. It is available at

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http://www.google.com/intl/en/privacy/faq.html. The Google Privacy Center Privacy FAQ is

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referenced in paragraph 21 of Plaintiff’s FAC.

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4.

Attached hereto as Exhibit 3 is a true and correct copy of the Order

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Granting In Part And Denying In Part Defendant’s Motion To Dismiss in In re Facebook Privacy

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Litigation, Case No. 5:10-cv-02389-JW, Dkt. No. 91 (N.D. Cal. May 12, 2011), printed on May

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16, 2011 from the Public Access to Court Electronic Records (“PACER”) website.

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I declare under penalty of perjury under the laws of the United States and the State

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of California that the foregoing is true and correct. Executed on May 16, 2011 in San Francisco,

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CA.

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/s/ Jean B. Niehaus
Jean B. Niehaus

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NIEHAUS DECL. ISO MOT. TO DISMISS
5:10-CV-04809-EJD