In re Google Referrer Header Privacy Litigation

Filing 40

STIPULATION WITH PROPOSED ORDER / Stipulation to Extend Time For Filing Motion To Dismiss and Stipulated Request For Order Changing Time For Motion To Dismiss Briefing filed by Google Inc.. (Attachments: #1 Declaration of Randall W. Edwards in Support of Stipulation, #2 Proposed Order)(Edwards, Randall) (Filed on 5/8/2012)

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RANDALL W. EDWARDS (S.B. #179053)
[e-mail]
JEAN NIEHAUS (S.B. #254891)
[e-mail]
O'MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, California 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, et al.

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Plaintiffs,

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DECLARATION OF RANDALL W.
EDWARDS IN SUPPORT OF
STIPULATED REQUEST FOR
ORDER CHANGING TIME FOR
MOTION TO DISMISS BRIEFING

Defendant.

Honorable Edward J. Davila

v.
GOOGLE INC.,

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Case No. 5:10-cv-04809-EJD

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EDWARDS DECLARATION
5:10-CV-04809-EJD

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I, Randall W. Edwards, declare as follows:

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1.

with the law firm of O’Melveny & Myers, LLP, counsel for Defendant Google Inc. I make this
declaration of my own personal knowledge and, if called as a witness, would testify to the matters
set forth below.

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2.

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through the online docket for this case at ECF No. 1.
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related orders are available at ECF Nos. 7, 10, 11-12, 17-18.
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The order dismissing the Complaint is available at ECF No. 24.
6.

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Plaintiff filed the First Amended Complaint (“FAC”) on May 2, 2011, available at

ECF No. 26.

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The Complaint was dismissed on Google’s motion on April 4, 2011, and Chief

Judge James Ware instructed Plaintiff to file any amended complaint on or before May 2, 2011.

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Google filed a Motion to Dismiss the Complaint on March 21, 2011, available at

ECF No. 22.

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Between November 15, 2010 and January 27, 2011, the parties entered into three

stipulations extending Defendant’s time to respond to the Complaint. These stipulations and the

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This action was originally filed on October 25, 2010 in the San Jose Division of

the United States District Court, Northern District of California, and the Complaint is available

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

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Google filed a motion to dismiss the FAC on March 21, 2011, available at ECF

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On March 29, 2012, Judge Edward J. Davila issued an order granting-in-part and

No. 22.

denying-in-part Google’s motion to dismiss the FAC, granting leave to amend the dismissed
claims and instructing Plaintiff to file any amended complaint on or before May 1, 2012. The
order dismissing the FAC is available at ECF No. 38.
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The original plaintiff, Paloma Gaos, and one additional plaintiff, Anthony Italiano,

filed the Second Amended Complaint (“SAC”) on May 1, 2012, available at ECF NO. 39.
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On or about May 2, 2012, I informed Plaintiffs’ counsel, Michael Aschenbrener,

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EDWARDS DECLARATION
5:10-CV-04809-EJD

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that Google intends to file a motion to dismiss the SAC. Mr. Aschenbrener agreed to a stipulated
extension of Google’s time to file that motion, so that the motion would be due on or before May
30, 2012. Counsel for the parties also agreed to an extended briefing schedule. The requested
enlargement of time is to allow the parties adequate time to fully brief the issues, and it will not
affect the time for resolution of the motion given the hearing date.
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After conferring with Plaintiffs’ counsel and confirming availability, Google has

reserved September 21, 2012 for a hearing on the motion to dismiss, which was one of the two
earliest dates available under the Court’s schedule. (The earlier date presented a conflict.) Under
the stipulated, modified briefing schedule, the Court will receive all moving papers over two
months prior to the scheduled hearing.
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The requested enlargement of time will affect the schedule of the case as follows:

Google shall file its Motion to Dismiss the Second Amended Complaint on or before May 30,
2012; Plaintiffs shall respond to any motion filed by Google on or before July 3, 2012; and
Google shall file its Reply in support of any motion on or before July 17, 2012.
I declare under penalty of perjury under the laws of the United States and the State of
California that the foregoing is true and correct. Executed on May 8, 2012 in San Francisco, CA.

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/s/ Randall W. Edwards
Randall W. Edwards

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EDWARDS DECLARATION
5:10-CV-04809-EJD