Google Inc. v. American Blind & Wallpaper Factory, Inc. Doc.

320
Case 5:03-cv-05340-JF Document 320 Filed 05/25/2007 Page 1 of 2

1 KEKER & V AN NEST, LLP

MICHAEL H. PAGE - #154913
2 MARK A. LEMLEY - #155830
KLAUS H. HAMM - #224905
3 AJAY S. KRSHNAN - #222476
710 Sansome Street
4 San Francisco, CA 94111-1704
Telephone: (415) 391-5400
5 Facsimile: (415) 397-7188

6
Attorneys. for Plaintiff and Counter Defendant
7 GOOGLE INC.
8
UNITED STATES DISTRICT COURT
9
NORTHERN DISTRICT OF CALIFORNIA
10

11
GOOGLE INC., a Delaware corporation, Case No. C 03-5340-JF (RS)
12
Plaintiff, NOTICE OF MOTION AND MOTION
13 FOR ADMINISTRATIVE RELIEF
v. SEEKING AN ORDER SEALING
14 DOCUMENTS FOR FILING IN
AMERICAN BLIND & W ALLP APER RELATION TO GOOGLE'S RESPONSE
15 FACTORY, INC., a Delaware corporation TO ABWF'S FOUR DECLARATIONS
d/b/a decoratetoday.com, Inc., and DOES 1- REGARDING ABWF'S ALLEGED
16 100, inclusive, PRESERVATION, COLLECTION, AND
PRODUCTION OF MATERIALS IN
17 Defendants. RESPONSE TO APRIL 27, 2007 COURT
ORDER
18
AMERICAN BLIND & W ALLP APER
19 FACTORY, INC., a Delaware corporation
d/b/a decoratetoday.com, Inc., Hon. Richard Seeborg
20
Counter-Plaintiff,
21
v.
22
GOOGLE INC.,
23
Counter-Defendant.
24

25

26

27

28
NOTICE OF MOTION AND MOTION FOR ADMINISTRATIVE RELIEF SEEKING AN ORDER SEALING
FILING IN RELATION TO GOOGLE'S RESPONSE TO ABWF'S FOUR
DOCUMENTS FOR

DECLARA TIONS REGARDING ABWF'S ALLEGED PRESERVATION, COLLECTION, AND PRODUCTION

396106.01 OF MATERILS IN RESPONSE TO APRIL 27,2007 COURT ORDER
CASE NO. C 03-5340-JF (RS)

Dockets.Justia.com
 Case 5:03-cv-05340-JF Document 320 Filed 05/25/2007 Page 2 of 2

1 NOTICE OF MOTION AND MOTION FOR ADMINISTRATIVE

RELIEF SEALING DOCUMENTS
2

3 TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

4 Pursuant to Civil Local Rules 79-5(d) and 7-11 (a), Plaintiff and Counter-Defendant

5 Google Inc. ("Go ogle") hereby gives notice to all counsel of record of its Motion for

6 Administrative Relief Seeking an Order Sealing Documents For Filing in Relation to Google' s
7 Response to ABWF's Four Declarations RegardingABWF's Alleged Preservation, Collection,

8 and Production of Materials in Response to April 27, 2007 Court Order ("Administrative

9 Motion"). By way of this Administrative Motion, Google requests an order sealing Exhibit A to

10 the Declaration of Ajay Krishnan ("Krishnan Declaration") that was designated "Attorneys'

11 Eyes Only" by American Blind & Wallpaper Factory, Inc. ("ABWF") pursuant to the Stipulated

12 Protective Order signed by all parties to this litigation and approved by the Cour on September

13 19,2005 ("Protective Order") (Docket Item No. 60). Exhibit A is a document produced by

14 ABWF in the course of discovery, and Bates labeled ABWF 047376-047377.

15 Pursuant to Local Rules 79-5( d), Google moves to file under seal Exhibit A to the
16 Krishnan Declaration. Pursuant to Civil Local Rule 79-5(d), Exhibit A is lodged with the Clerk

17 concurently with this Administrative Motion.

18 Local Rule 79-5(d) outlines the procedure that ABWF must follow within five days ofthe
19 filing of this Administrative Motion if it wishes to maintain the confidential designation of
20 Exhibit A.
21 Dated: May 25,2007 KEKER & V AN NEST, LLP

22

23
By: /s/ Ajay S. Krishnan
24 AJA Y S. KRSHNAN
Attorneys for Plaintiff and Counter Defendant
25 GOOGLE INC.

26

28 1
27

NOTICE OF MOTION AND MOTION FOR ADMINISTRATIVE RELIEF SEEKING AN ORDER SEALING
DOCUMENTS FOR FILING IN RELATION TO GOOGLE'S RESPONSE TO ABWF'S FOUR
DECLARATIONS REGARDING ABWF' S ALLEGED PRESERVATION, COLLECTION, AND PRODUCTION
396106.01 OF MATERIALS IN RESPONSE TO APRIL 27, 2007 COURT ORDER
CASE NO. C 03-5340-JF (RS)