FPX, LLC v. Google, Inc. et al

Filing 107

MOTION for Leave to File Additional Documents by FPX, LLC. (Attachments: # 1 Affidavit of Nathan D. Meyer, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Affidavit of Scott Kline, # 7 Text of Proposed Order)(Meyer, Nathan)

FPX, LLC v. Google, Inc. et al

Doc. 107 Att. 4

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION FPX, LLC d/b/a FIREPOND, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. GOOGLE, INC., YOUTUBE, LLC, AOL, LLC, TURNER BROADCASTING SYSTEM, INC., MYSPACE, INC. AND IAC/INTERACTIVECORP, Defendants. THE RODNEY A. HAMILTON LIVING TRUST and JOHN BECK AMAZING PROFITS, LLC, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. (1) GOOGLE INC.; AND (2) AOL LLC, Defendants. § § § § § § § § § § § § § § § § § § § § § § § § § § § § § §

Civil Action No. 2:09-cv-00142-TJW

CLASS ACTION COMPLAINT

JURY TRIAL REQUESTED

Civil Action No. 2:09-cv-00151-TJW-CE

CLASS ACTION COMPLAINT

JURY TRIAL REQUESTED

DEFENDANT GOOGLE INC.'S SUPPLEMENTAL RESPONSE TO PLAINTIFFS' REQUEST FOR ADMISSION NO. 7 Pursuant to Rules 26 and 36 of the Federal Rules of Civil Procedure, Defendant Google Inc. ("Google") hereby submits its Supplemental Response to Plaintiffs' Request for Admission No. 7.

DEFENDANT GOOGLE INC.'S SUPPLEMENTAL RESPONSE TO PLAINTIFFS' REQUEST FOR ADMISSION NO. 7 ­ PAGE 1

Dockets.Justia.com

The following objections and response to Request No. 7 are expressly made subject to the Preliminary Statement and Objections Applicable to Plaintiffs' Instructions, Definitions, and All Requests ("General Objections") as set forth in Defendant Google Inc.'s Responses to Plaintiffs' First Set of Requests for Admissions, all of which are incorporated in the following objections and response to Request No. 7. REQUEST FOR ADMISSIONS NO. 7: Admit that you have sold the term "John Beck's" as an AdWord or keyword. RESPONSE: Google incorporates its General Objections as if fully set forth herein. Google further objects to this Request on the grounds that it is vague as to the term "sale" because no "AdWords" or keywords are sold through the Google AdWords program. Google also objects to this Request on the grounds that the term "AdWord," as used in the Request is vague and ambiguous. Subject to and without waiving any of its objections, Google responds as follows: Denied. Google admits that the term "John Beck's" has been bid on as a keyword through the Google Adwords program.

DEFENDANT GOOGLE INC.'S SUPPLEMENTAL RESPONSE TO PLAINTIFFS' REQUEST FOR ADMISSION NO. 7 ­ PAGE 2

Respectfully submitted, /s/ Charles L. Babcock Charles L. "Chip" Babcock Texas State Bar No. 01479500 JACKSON WALKER L.L.P. 901 Main Street, Suite 6000 Dallas, Texas 75202 [phone] [phone]- Fax Email: [e-mail] David T. Moran Texas State Bar No. 14419400 JACKSON WALKER L.L.P. 901 Main Street, Suite 6000 Dallas, Texas 75202 [phone] [phone] ­ Fax Email: [e-mail] Carl C. Butzer Texas State Bar No. 03545900 JACKSON WALKER L.L.P. 901 Main Street, Suite 6000 Dallas, Texas 75202 [phone] [phone] ­ Fax Email: [e-mail] Shannon Zmud Teicher Texas State Bar No. 24047169 JACKSON WALKER L.L.P. 901 Main Street, Suite 6000 Dallas, Texas 75202 [phone] [phone] ­ Fax Email: [e-mail] ATTORNEYS FOR DEFENDANT GOOGLE INC.

DEFENDANT GOOGLE INC.'S SUPPLEMENTAL RESPONSE TO PLAINTIFFS' REQUEST FOR ADMISSION NO. 7 ­ PAGE 3

CERTIFICATE OF SERVICE I hereby certify that a true and accurate copy of the foregoing Defendant Google Inc.'s Supplemental Response To Plaintiffs' Request For Admission No. 7 was served this 27th day of October, 2010, via Email, to the following:
Scott M. Kline Sonnenschein Nath & Rosenthal 2000 McKinney Avenue, Suite 1900 Dallas, TX 75201 David M. Pridham Law Office of David Pridham 25 Linden Road Barrington, Rhode Island 02806 Andrew W. Spangler Spangler Law P.C. 208 N. Green Street, Suite 300 Longview, TX 75601 Larry C. Russ Marc A. Fenster Raquel Vallejo Nathan Meyer RUSS, AUGUST & KABAT 12424 Wilshire Blvd., 12th Floor Los Angeles, CA 90025 David Whittlesey Casey Low Andrews Kurth, LLP 111 Congress Avenue, Suite 1700 Austin, TX 78701

/s/ Charles L. Babcock Charles L. "Chip" Babcock

DEFENDANT GOOGLE INC.'S SUPPLEMENTAL RESPONSE TO PLAINTIFFS' REQUEST FOR ADMISSION NO. 7 ­ PAGE 4