Clemons v. Google, Inc.

Filing 14

MOTION to Modify the Caption by Google, Inc.. (Attachments: # 1 Affidavit of John K. Roche, # 2 Proposed Order)(Roche, John)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION

RICHARD CLEMONS,
Plaintiff,

Civil Action No. 1:17-CV-00963-AJT-TCB

v.
GOOGLE INC.,
Defendant.

DECLARATION OF JOHN K. ROCHE
IN SUPPORT OF MOTION TO MODIFY THE CAPTION
I, John K. Roche, hereby declare as follows:
1.

I am a partner with the law firm of Perkins Coie LLP, attorneys for defendant

Google LLC (“Google”), formerly known as Google Inc. The following facts are true and based
on my personal knowledge and, if called and sworn as a witness, I could competently testify to
them.
2.

This affidavit is submitted in support of Google’s Motion to Modify the Caption.

3.

Google Inc. converted from a corporation to a limited liability company and

changed its name to Google LLC on September 30, 2017, by filing a Certificate of Conversion
with the Delaware Secretary of State, a true and correct copy of which is attached hereto as
Exhibit A.
4.

Google LLC filed a Certificate of Formation with the Delaware Secretary of State

effective on September 30, 2017, a true and correct copy of which is attached hereto as Exhibit
B.
5.

On November 13, 2017, I contacted Plaintiff Richard Clemons via email to

[e-mail], the only contact information provided in his complaint, to inform him
that Google’s legal name is Google LLC, that Google would be filing this motion and does not
intend to seek a hearing, and to ask whether Google may represent that he does not oppose this
motion. A true and correct copy of that email is attached hereto as Exhibit C. To date, Plaintiff
has not responded.
I declare under the penalty of perjury that the foregoing is true and correct.
Executed on: November 16, 2017
By:

/s/ John K. Roche
John K. Roche (VSB# 68594)
Perkins Coie LLP
700 13th St. N.W., Suite 600
Washington, D.C. 20005-3960
Phone: [phone]
Fax: [phone]
[e-mail]

Counsel for Defendant Google LLC

-2-

EXHIBIT A

EXHIBIT B

EXHIBIT C

From:
To:
Cc:
Subject:
Date:

Roche, John K. (WDC)
"[e-mail]"
Berlin, Hayley L. (WDC)
Clemons v. Google, No. 1:17-cv-00963 (E.D. Va.)
Monday, November 13, 2017 11:40:36 AM

Mr. Clemons:  We represent Google in the above-referenced lawsuit.  We’ll be filing a motion to dismiss
the case this week and I’m writing pursuant to local rules to let you know I intend to ask the court to
schedule a hearing on that motion during its regular Friday civil docket at 10:00am on December 22nd. 
Please let me know if that date’s inconvenient or if you’d like to discuss this matter.  (I understand Google
has sent a couple emails to this address in an effort to discuss the case but has not received a response
from you.)
Also, as of September 30, 2017, Google Inc. is now called Google LLC.  The change from Google Inc. to
Google LLC is the equivalent of a person legally changing his or her name since the new Google LLC is
“deemed to be the same entity” as the old Google Inc.  8 Del. Code § 266(h).
To reflect the reality of the new name, Google will ask the court to order that Google Inc. shall now be
known as Google LLC in this action and to modify the caption in the case so that it properly names
Google LLC rather than Google Inc.  We don’t intend to seek a hearing on that motion, but please let me
know if you’d like to have one, or if I have your permission to state that you do not oppose the motion.
Finally, I note that your motion to reissue summons on the docket lists an address for an attorney whose
name appears to be Robert Jenkins at 1010 Cameron St., Alexandria, VA 22314.  Please let me know if
Mr. Jenkins represents you in this matter or if we should be directing any correspondence or pleadings to
his address.
Best regards, John
John Roche | Perkins Coie LLP
700 Thirteenth Street, N.W. Suite 600
Washington, DC 20005-3960
D. +1.202.434.1627
F. +1.202.654.9106
E. [e-mail]