CNG Financial Corporation v. Google Inc

Filing 28

RESPONSE UNOPPOSING 27 MOTION for Leave to File Additional Authority in Support of its Response to Google's Motion for Judgment on the Pleadings filed by Counter Claimant Google Inc, Defendant Google Inc. (Seibel, Kenneth) Modified on 8/15/2006 - To edit docket text (tt1, ).

CNG Financial Corporation v. Google Inc

Doc. 28

Case 1:06-cv-00040-SSB-TSB

Document 28

Filed 08/11/2006

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION CNG FINANCIAL CORPORATION, Plaintiff/Counterclaim-Defendant, v. GOOGLE INC., Defendant/Counterclaim-Plaintiff. Case No. 1:06cv040 Chief Judge Sandra S. Beckwith Magistrate Timothy S. Black GOOGLE INC.'S STATEMENT OF NON OPPOSITION TO CNG'S MOTION FOR LEAVE TO FILE ADDITIONAL AUTHORITY IN SUPPORT OF ITS RESPONSE TO GOOGLE's MOTION FOR JUDGMENT ON THE PLEADINGS

Google Inc. does not oppose CNG Financial Corp.'s motion for leave to file additional authority. CNG's motion relates to 800-JR Cigar, Inc. v. GoTo.com, Inc., 2006 U.S. Dist. LEXIS 48279 (D.N.J. July 17, 2006), which issued the day CNG filed its Response to Google's Rule 12(c) Motion for Judgment On Its Counterclaim. Google, however, disagrees that the search engine in 800-JR Cigar "is materially indistinguishable from that at issue in this case[.]" In 800-JR Cigar, the search engine was "pay-for-priority"; ads were listed "in the search results" before "unpaid or `natural' search listings." 800-JR Cigar, at *3. Google, on other hand, places ads in a separate location from natural search results. Complaint ¶ 23. Dated: August 11, 2006 Of Counsel: Michael H. Page (pro hac vice) Klaus H. Hamm (pro hac vice) Keker & Van Nest LLP 710 Sansome Street San Francisco, CA 94107 [phone] _____________________________________ /s/ Kenneth F. Seibel _ Kenneth F. Seibel (0025168) Jacobs, Kleinman, Seibel and McNally 1014 Vine Street, Suite 2300 Cincinatti, OH 45202 [phone]

Attorneys for Defendant and Counterclaim-Plaintiff Google Inc.

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Dockets.Justia.com

Case 1:06-cv-00040-SSB-TSB

Document 28

Filed 08/11/2006

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CERTIFICATE OF SERVICE I hereby certify that on August 11, 2006, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: Barry D. Hunter, Medrith Lee Norman, and Ann Gallagher Robinson, Attorneys for Plaintiff/Counterclaim-Defendant. /s/ Kenneth F. Seibel Kenneth F. Seibel (0025168)

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