Google, Inc. v. Affinity Engines, Inc. Doc.

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Case 5:05-cv-00598-JW Document 36 Filed 05/31/2005 Page 1 of 2

1 G. HOPKINS GUY, III (State Bar No. 124811)

ERIC L. WESENBERG (State Bar No. 139696)
2 RORY G. BENS (State Bar No. 201674)
GABRIEL M. RAMSEY (State Bar No. 209218)
3 PETER J. O’ROURKE (State Bar No. 221764)
ORRICK, HERRINGTON & SUTCLIFFE LLP
4 1000 Marsh Road
Menlo Park, CA 94025
5 Telephone: 650-614-7400
Facsimile: 650-614-7401
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Attorneys for Plaintiff
7 AFFINITY ENGINES, INC.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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GOOGLE, INC., a Delaware corporation, CASE NO. C 05-0598 JW (HRL)
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Plaintiff, STATEMENT REGARDING ADR
14 PROCEDURE
v.
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AFFINITY ENGINES, INC., a Delaware
16 corporation,

17 Defendant.

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Counsel for Affinity Engines, Inc. (“AEI”) hereby files this “Statement” regarding ADR
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Procedure. AEI and Google have attempted to settle a pending state court dispute between the
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parties on three occasions, once through mediation in November 2004, and twice through
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settlement conferences between the parties. The pending state court action, filed by AEI in
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March 2004, is referenced in AEI’s recently filed motion to dismiss and/or stay proceedings in
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this case. The instant federal action involves the same underlying facts and presents the same
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legal questions as the pending state court action.
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AEI contends that the outcome of the state court action (which is moving toward ultimate
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resolution) would likely have dispositive effect on Google’s claims in the present action.
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AEI’S STATEMENT REGARDING ADR PROCEDURE

Dockets.Justia.com
 Case 5:05-cv-00598-JW Document 36 Filed 05/31/2005 Page 2 of 2

1 Accordingly, any participation by AEI in ADR at this time with respect to this action would be
2 premature. However, should the Court deny AEI’s pending motion to dismiss and/or stay the
3 instant action, AEI agrees to participate in ADR on the condition that the parties seek resolution
4 of all issues in both the state and federal case. On this condition, AEI hereby informs the Court
5 that it agrees to participate in the following ADR process:
6 Court Processes:
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__ Arbitration __ ENE X Mediation
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Private Process:
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__ Private ADR (please identify process and provider)
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Dated: May 31, 2005 Respectfully submitted,
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ORRICK, HERRINGTON & SUTCLIFFE LLP
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/s/ G. Hopkins Guy, III
15 G. Hopkins Guy, III
Attorneys for Defendant Affinity Engines, Inc.
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AEI’S STATEMENT REGARDING ADR PROCEDURE