Performance Pricing, Inc. v. Google Inc. et al

Filing 241

MOTION to Compel Production of Documents by Third Parties Neal Cohen and Vista IP Law Group, LLP by AOL LLC, Google Inc.. (Attachments: # 1 Joint Stipulation Regarding Defendant Google Inc. and AOL LLC's Motion to Compel Production of Documents by Third Parties Neal Cohen and Vista IP Law Group, LLP, # 2 Declaration of Emily C. O'Brien in Support of Motion to Compel, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Declaration of Christin Cho in Opposition to Motion to Compel, # 20 Errata 1, # 21 Exhibit 2, # 22 Exhibit 3, # 23 Proposed Order Granting Defendant Google Inc. and AOL LLC's Motion to Compel)(O'Brien, Emily) Modified on 9/25/2009 (sm, ). Modified on 9/25/2009 (sm, ).

Performance Pricing, Inc. v. Google Inc. et al

Doc. 241 Att. 2

COPY
I QUINN EMANUEL UR^UHART OLIVER & HEDGES, LLP Charles K. Verhoeven { ar No. 170151) r, charlesverhoeven quinnemanuel.com K 2 r;rn r·^ David A. Perlson^ar No. 209502) i" _ ^ .c^ david^[e-mail] ^ 3 Jenni er A. Kashh.{Bar No. 203679) 4 Jenniferkash[a^qu^nnemanuel.com ^_^^ ^ _. _.. 50 California Street, 22n^1 Floor ^ ' -^ ^ 5 San Francisco, California 94111 Telephone: [phone] ^ ._T. ^ 6 Facsimile: ^415^ 875-6700 .: ^..,,: .^_ 71 Attorneys for Defendant G4ogle Inc. and ^ 8 AOL LLC 9 10 11 12 13 14 vs. 15 16 17 18 19 20 21 22 23 I 24 25 26 27 GOGGLE INC. and AOL LLC, Defendants. PERFORMANCE PRICING, INC., Plaintiff, DISCOVERY MATTER DECLARATION OF EMILY C. O'BRIEN IN SUPPORT OF DEFENDANT GOGGLE INC. AND AOL LLC'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS BY THIRD PARTIES NEAL COHEN AND VISTA IP LAW GROUP LLC Crtrm.. Judge Hrg. Date: Hrg. Time: CASE NO.: CV09 -6283 GAF (CTx) UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

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0 3 002 .5 l 305!3032764, I

DECLARATION IN SUPPORT OF DEFENDANT GOGGLE INC. AND AOL LLC'3 M01'i0N TO COtvIYEL PRODUCTION

Dockets.Justia.com

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DECLARATION OF EMILY C. O'BR^EN 1, Emily C. O'Brien, declare and state as follows:

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1.

I am an associate of the law firm Quinn Emanuel Urquhart

5 ^^ Oliver & Hedges , LLP and represent Defendants AOL LLC and Google Inc . in this 6

^^ action. This declaration is made in support of Defendant Google Inc. and AOL
7 8 ^ LLC's Motion to Compel Production of Documents. The matters referred to in this 9 l0l

declaration are based upon my personal knowledge, and if called as a witness I could testify competently to those matters.

ll 12 2. Attached hereto as Exhibit A is a true and accurate copy of the

13 f document subpoena served on Neal Cohen on October 22, 2008. 14

3.
1S 16 17 18 19

Attached hereto as Exhibit B is a true and accurate copy of the

document subpoena served on Vista IP Law Group, LLP on October 22, 2008. 4. Attached hereto as Exhibit C is a true and accurate copy of the

Neal Cohen and Vista IP Law Group, LLP privilege log served on November 7,

20 2008 . This is referred to in the mint Stipulation as the first privilege log. 21 22 23 24 25 26 27 2$
0 E 002.5 1305!3032764. I
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S.

Attached hereto as Exhibit D is a true and accurate copy of the

November 25, 2008 letter from Emily O'Brien to Neal Cohen. 6. Attached hereto as Exhibit E is a true and accurate copy of the

revised Exhibit A to the Neal Cohen and Vista 1P Law Group, LLP privilege log served on January 9, 2009. This is referred to in the Joint Stipulation as the second

privilege Iog.
DCCLARr1T [ ON IN SUPPOR'T' OE= DEFCNDANT GOGGLE INC. AND AOL LLC'S MO7 '[ ON TO COMPEL PRODUCTION

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7.

Attached hereto as Exhibit F is a true and accurate copy of

selected pages from the deposition of Neal Cohen, taken February 1 I, 2009. 8. Attached hereto as Exhibit G is a true and accurate copy of the

5 March 16, 2009 letter from Emily O'Brien to Christie Cho. Ms. Cha is an associate 6 7 S in this matter. Dowel &Luner also represents third party Neal Cohen in connection f ^ at Dowel &. Luner LLP, the law f rm representing Plaintiff Performance Pricing, Inc.

9 with the subpoenas served in this matter. This letter memorializes a telephone

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^ conversation between myself and Ms. Cho, in which Ms. Cho off rmed that Mr. Cohen would revise entries in his privilege log for which he improperly asserted

I3 work product protection. I4 IS 16 revised Neal Cohen and Vista IP Larx^ Group, LLP privilege log served on March 17 3 I , 2009. This is referred to in the Joint Stipulation as the third privilege log. IS I9 20 electronic mail sent by Rachel Kim of Dowel &Luner to counsel for Defendants on 2I April I6, 2009 . Attached to this electronic mail, Ms. Kim produced documents 22 previously withheld by Neal Cohen. These documents are not included as part of 23 24 Exhibit I. 25 26 revised Neal Cohen and Vista IP Law Group, LLP privilege log served on April 2 i , 27 ^ 28 2009. This is referred to in the Joint Stipulation as the fourth privilege log. Also
01002 , 5 1 3 0513 03 2 7 64.1 -^1)ECf.ARA^ftON [ N SIJPPOItT Or DEfI:NDr1N'1' GpQGLE ] NC. AND AUL LLC'S MOTION " r0 CQMPCL nKODEJC7"lOt`i

9.

Attached hereto as Exhibit H is a true and accurate copy of the

10.

Attached hereto as Exhibit I is a true and accurate copy of an

II.

Attached hereto as Exhibit J is a true and accurate copy of the

1 ^ included in Exhibit J is the electronic mail sent by Rachel Kim to counsel for 2 3

Defendants, to which the revised privilege log was attached. Attached to this electronic mail, Ms. Kim also produced documents previously withheld by Neal

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5 Cohen. These documents are not included as part of Exhibit J. 6 7 8 9 101 11 12 May 22, 2009 letter from Eznily O'Brien to Christin Cho regarding the Cohen
revised privilege log of Neal Cohen and Vista IP Law Group, LLP served on May

I2.

Attached hereto as Exhibit K is a true and accurate copy of the

18, 2009. This is referred to in the Joint Stipulation as the fifth privilege log. 13. Attached hereto as Exhibit L is a true and accurate copy of the

13 ^ privilege log. 14 1S 16 revised privilege log of Neal Cohen and Vista IP Law Group, LLP served on May 17 29, 2009. This is referred to in the Joint Stipulation as the sixth privilege log. 18 19 20 such that Defendants did not receive it on May 29, 2009. The privilege log was re21
22 i 14. Attached hereto as Exhibit M is a true and accurate copy of the

Please note that there was initially a problem with the service of the privilege log,

served on June 2, 2009. 15. Attached hereto as Exhibit N is a true and accurate copy of the

23 ! 24 ^ June 8, 20091etter from Emily O'Brien to Greg Dovel and Christin Cho. This letter 25 summarizes the parties' meet and confer regarding the Neal Cohen and Vista IP Law 26 Group, LLP privilege log. This letter identified each privilege log entry in dispute, 27 28
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outlined Defendants' position regarding this discovery issue, and cited case law in
-^rDGCLARA"f10N 1N SIJPI'OR"i O^ [7EFENDAN'1' UOOGLE [NC. ANI) AOL [.LC'S MO"1'EDN "1'O COMPE[_ I'RQDUCTION

1 ^ support of Defendants ' position . During the meet and confer on June 4, 2009, 2 3 4 5 6 7 8 9 10 11 12 13 I the deadlines set in these initial orders.
X declare under penalty of perjury under the laws of the United States of 12, 2009. This is referred to in the Joint Stipulation as the seventh privilege log. 17. Attached hereto as Exhibit P is a true and accurate copy of the

Plaintiffs counsel indicated that they did not believe attorney - client privilege to ^ have been waived, because the documents had not yet been produced. 16. Attached hereto as Exhibit O is a true and accurate copy of the

,revised privilege log of Neal Cohen and Vista 1P Law Group, LLP served on June

discovery order and docket control order entered in this case, and orders modifying

14 America that the foregoing is true and correct. 15 16 17 18 19 20 21 22 23 24 25 26 ^^ Emily C. 4' ien ^_. Executed on August 24, 2009 at San Francisco, California.

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01402 . 5130513032764.1
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DCCLARA ' I^IOI^! IN SUPPOR'l^ OP D>~FENDANT GOOGLE INC. AND AOL LLC' S i.^f0'i'ION T{7 COMPEL 1'RODUC'1']ON