Red Bend Software, Inc. et al v. Google

Filing 110

CERTIFICATE OF CONSULTATION pursuant to LR 7.1 re 99 MOTION to Compel Production of Documents by Jennifer C Tempesta on behalf of Red Bend Software, Inc.. (Tempesta, Jennifer)

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS EASTERN DIVISION RED BEND LTD., and RED BEND SOFTWARE INC., Plaintiffs, v. GOOGLE INC., Defendant.

Civil Action No. 09-cv-11813-DPW CERTIFICATION STATEMENT FOR PLAINTIFFS' MOTION TO COMPEL GOOGLE'S PRODUCTION OF DOCUMENTS

Certificate Pursuant to Rules 7.1 and 37.1 I hereby certify that counsel for Plaintiffs complied with the provisions of Local Rules 7.1 and 37.1 and attempted in good faith to confer with counsel for Defendant in an attempt to resolve or narrow the issues presented by Red Bend's Motion to Compel Google's Production of Documents (Dkt. No. 99) before Red Bend's Motion was filed on July 26, 2010. Specifically, counsel for the parties met and conferred on or about at least June 14th, July 1st and July 13th and were unable to reach agreement on the proper scope of Google's document production in response to Red Bend's Request for Production Nos. 1, 15, 20, 21, 24, 53, 54 and 60 (related to Delta Update techniques) and Nos. 44, 46, 52, 54, 59 and 60 (related to damages). This certification was inadvertently omitted from Red Bend's Motion to Compel. By: __/s/ Jennifer C. Tempesta____________ Jennifer C. Tempesta

NY02:691039.1

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Dated: August 16, 2010

Respectfully submitted, By: __/s/ Jennifer C. Tempesta____________ Daniel Cloherty (BBO# 565772) Dwyer & Collora, LLP 600 Atlantic Avenue - 12th Floor Boston, MA 02210-2211 Telephone: [phone] Facsimile: [phone] Robert C. Scheinfeld (admitted PHV) Eliot D. Williams (admitted PHV) Jennifer C. Tempesta (admitted PHV) Baker Botts, L.L.P. 30 Rockefeller Plaza 44th Floor New York, New York 10012-4498 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs Red Bend Ltd. and Red Bend Software Inc.

NY02:691039.1

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CERTIFICATE OF SERVICE I hereby certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non-registered participants on August 16, 2010.

By:

/s/ Jennifer C. Tempesta Jennifer C. Tempesta

NY02:691039.1

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