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

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Case 5:03-cv-05340-JF Document 231 Filed 12/26/2006 Page 1 of 3

1 KEKER & VAN NEST, LLP

MICHAEL H. PAGE - #154913
2 MARK A. LEMLEY - #155830
KLAUS H. HAMM - #224905
3 AJAY S. KRISHNAN - #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.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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GOOGLE INC., a Delaware corporation, Case No. C 03-5340-JF (RS)
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Plaintiff, NOTICE OF MOTION AND MOTION
13 FOR ADMINISTRATIVE RELIEF
v. SEEKING AN ORDER SEALING
14 DOCUMENTS FOR FILING IN
AMERICAN BLIND & WALLPAPER RELATION TO GOOGLE’S MOTION
15 FACTORY, INC., a Delaware corporation FOR SUMMARY JUDGMENT
d/b/a decoratetoday.com, Inc., and DOES 1-
16 100, inclusive,

17 Defendants.

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AMERICAN BLIND & WALLPAPER
19 FACTORY, INC., a Delaware corporation
d/b/a decoratetoday.com, Inc.,
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Counter-Plaintiff,
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v.
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GOOGLE INC.,
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Counter-Defendant.
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NOTICE OF MOTION AND MOTION FOR ADMINISTRATIVE RELIEF SEEKING AN ORDER SEALING
386745.01 DOCUMENTS FOR FILING IN RELATION TO GOOGLE’S MOTION FOR SUMMARY JUDGMENT
CASE NO. C 03-5340-JF (RS)
Dockets.Justia.com
 Case 5:03-cv-05340-JF Document 231 Filed 12/26/2006 Page 2 of 3

1 NOTICE OF MOTION AND MOTION FOR ADMINISTRATIVE

RELIEF SEALING DOCUMENTS
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3 TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

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

5 Inc. (“Google”) hereby gives notice to all counsel of record of its Motion for Administrative

6 Relief Seeking an Order Sealing Documents For Filing in Relation to Google’s Motion for

7 Summary Judgment (“Administrative Motion”). By way of this Administrative Motion, Google

8 requests an order sealing certain exhibits to the Declaration of Klaus H. Hamm (“Hamm

9 Declaration”), submitted in support of Google’s Motion for Summary Judgment, that were

10 designated “Confidential” or “Attorneys’ Eyes Only” by Google or by American Blind &

11 Wallpaper Factory, Inc. (“ABWF”), pursuant to the Stipulated Protective Order signed by all

12 parties to this litigation and approved by the Court on September 19, 2005 (“Protective Order”).

13 This motion deals separately with those documents that Google seeks to file under seal on its

14 own behalf, pursuant to Civil L.R. 79-5(b), and those documents that Google lodges with the

15 Court, pursuant to Civil L.R. 79-5(d), because they were designated confidential by ABWF.

16 Google seeks to file the following exhibits under seal pursuant to Civil L.R. 79-5(b)

17 because they contain information that was designated confidential by Google pursuant to the

18 Protective Order. The Hamm Declaration attaches as Exhibit D an email between Google and its

19 customer ABWF concerning confidential business information. The Hamm Declaration attaches

20 as Exhibit F excerpts from the deposition transcript of Alana Karen, a Policy Manager for

21 Google’s AdWords Program, taken on April 12, 2006. The reasons for filing these documents

22 under seal are provided in the accompanying Declaration of Ajay S. Krishnan in Support of

23 Google’s Motion for Administrative Relief Seeking an Order Sealing Documents for Filing in

24 Relation to Google’s Motion for Summary Judgment.

25 Google lodges the following exhibits and an unredacted version of Google’s Summary

26 Judgment Brief under seal pursuant to Civil L.R. 79-5(d) because they were designated

27 confidential by ABWF. The Hamm Declaration attaches as Exhibit L portions of the transcript

28 of the deposition of Jeffrey Alderman, an ABWF employee. The Hamm Declaration attaches as
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NOTICE OF MOTION AND MOTION FOR ADMINISTRATIVE RELIEF SEEKING AN ORDER SEALING
386745.01 DOCUMENTS FOR FILING IN RELATION TO GOOGLE’S MOTION FOR SUMMARY JUDGMENT
CASE NO. C 03-5340-JF (RS)
 Case 5:03-cv-05340-JF Document 231 Filed 12/26/2006 Page 3 of 3

1 Exhibit M a document Bates labeled ABWF 046258-046259 and titled “Ad Text Report.” The

2 Hamm Declaration attaches as Exhibit S (Bates labeled ABWF002966 – ABWF002994) and

3 Exhibit T (Bates labeled ABWF002950 – ABWF002965), which are studies performed by the

4 Kaden Company on behalf of ABWF. The Hamm Declaration attaches as Exhibit U (Bates

5 labeled ABWF 047697, ABWF 047698, and ABWF 047708 – ABWF 047712), and Exhibit V

6 (Bates labeled ABWF 047843 – ABWF 047864 and ABWF 047828 – ABWF047834)

7 correspondence involving ABWF’s outside counsel.

8 Pursuant to Civil Local Rule 79-5(b), Google moves to file under seal Exhibits D and F

9 to the Hamm Declaration. Pursuant to Civil Local Rule 79-5(d), Exhibits M, S, T, U, and V to

10 the Hamm Declaration are lodged with the Clerk concurrently with this Administrative Motion.

11 Local Rule 79-5(d) outlines the procedure that ABWF must follow within five days of the filing

12 of this Administrative Motion if it wishes to maintain the confidential designation of Exhibits M,

13 S, T, U and V.

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15 Dated: December 26, 2006 KEKER & VAN NEST, LLP

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By: /s/ Ajay S. Krishnan
18 AJAY S. KRISHNAN
Attorneys for Plaintiff and Counter Defendant
19 GOOGLE INC.
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NOTICE OF MOTION AND MOTION FOR ADMINISTRATIVE RELIEF SEEKING AN ORDER SEALING
DOCUMENTS FOR FILING IN RELATION TO GOOGLE’S MOTION FOR SUMMARY JUDGMENT
386745.01 CASE NO. C 03-5340-JF (RS)