Digital Envoy Inc., v. Google Inc., Doc.

101
Case 5:04-cv-01497-RS Document 101 Filed 02/23/2005 Page 1 of 2

1 DAVID H. KRAMER, State Bar No. 168452

STEPHEN C. HOLMES, State Bar No. 200727
2 WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
3 650 Page Mill Road
Palo Alto, CA 94304-1050
4 Telephone: (650) 493-9300
Facsimile: (650) 565-5100
5
Attorneys for Defendant/Counterclaimant
6 Google Inc.

7
UNITED STATES DISTRICT COURT
8
NORTHERN DISTRICT OF CALIFORNIA
9
SAN JOSE DIVISION
10

11
DIGITAL ENVOY, INC., ) CASE NO.: C 04 01497 RS
12 )
Plaintiff/Counterdefendant, ) DECLARATION OF DAVID H.
13 ) KRAMER IN SUPPORT OF
v. ) GOOGLE INC.’S
14 ) MISCELLANEOUS
GOOGLE INC., ) ADMINISTRATIVE REQUEST TO
15 ) FILE DOCUMENTS UNDER SEAL,
Defendant/Counterclaimant. ) PURSUANT LOCAL RULES 7-10(b)
16 ) and 79-5
)
17 )
) Judge: Hon. Richard Seeborg
18 ) Courtroom: 4, 5th Floor
) Date: March 30, 2005
19 ) Time: 9:30 a.m.
)
20 )
)
21 )

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DECL. ISO GOOGLE’S MISC. ADMIN. REQUEST 2608371_1.DOC

TO FILE UNDER SEAL - CASE NO.: 04-01497 RS

Dockets.Justia.com
 Case 5:04-cv-01497-RS Document 101 Filed 02/23/2005 Page 2 of 2

1 I, David H. Kramer, declare as follows:

2 1. I am an attorney at law duly licensed to practice in the State of California and

3 before this Court. I am a partner of Wilson Sonsini Goodrich & Rosati, counsel for defendant

4 and counterclaimant Google Inc. (“Google”). I have personal knowledge of the facts set forth

5 herein and, if called as a witness, could and would testify competently thereto.

6 2. I submit this declaration in support of Google’s Miscellaneous Administrative

7 Request to File Under Seal, Pursuant to Local Rules 7-10(b) and 79-5, the confidential version of

8 Google Inc.’s Motion for Summary Judgment, and Exhibit D and Exhibit M to David H.

9 Kramer’s Declaration In Support of Google Inc.’s Motion for Summary Judgment (“Kramer

10 Declaration”).

11 3. The confidential unredacted version of Google Inc.’s Motion for Summary

12 Judgment contains an excerpt from a document produced in this litigation by plaintiff and

13 counterdefendant Digital Envoy, Inc. (“Digital Envoy”) and designated as “Highly Confidential

14 – Attorneys’ Eyes Only” under the terms of the Court’s August 23, 2004 Stipulation and

15 Protective Order Regarding Confidentiality (“Protective Order”).

16 4. The documents attached as Exhibit D to the Kramer Declaration are excerpts from

17 the deposition testimony of Rob Friedman, taken on November 17, 2004. The document

18 attached as Exhibit M to the Kramer Declaration is a document produced in this litigation by

19 Digital Envoy. Exhibit D and Exhibit M contain information designated by plaintiff and

20 counterdefendant Digital Envoy, Inc. as “Highly Confidential – Attorneys’ Eyes Only” under the

21 terms of the Protective Order. Without concurring in Digital Envoy’s view, in light of its

22 designations, Google requests an order permitting it to file an unredacted copy of its brief and

23 Exhibit D and Exhibit M under seal.

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25 I declare under penalty of perjury under the laws of the United States of America that the

26 foregoing is true and correct. Executed on February 23, 2005, at Palo Alto, California.

27
/s/ David H. Kramer
28 David H. Kramer

DECL. ISO GOOGLE’S MISC. ADMIN. REQUEST -1-

TO FILE UNDER SEAL - CASE NO.: 04-01497 RS