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)

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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, 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: 202-434-1627 Fax: 202-654-9106 Counsel for Defendant Google LLC -2- EXHIBIT A EXHIBIT B EXHIBIT C From: To: Cc: Subject: Date: Roche, John K. (WDC) "" 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.  

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