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

218
Case 5:03-cv-05340-JF Document 218 Filed 11/14/2006 Page 1 of 4

1 Robert N. Phillips (SBN 120970)

Ethan B. Andelman (SBN 209101)
2 HOWREY LLP
525 Market Street, Suite 3600
3 San Francisco, CA 94105
Telephone: (415) 848-4900
4 Facsimile: (415) 848-4999
5 David A. Rammelt (Admitted Pro Hac Vice)
Susan J. Greenspon (Admitted Pro Hac Vice)
6 Paul W. Garrity (Admitted Pro Hac Vice)
Caroline C. Plater (Admitted Pro Hac Vice)
7 KELLEY DRYE & WARREN LLP
333 West Wacker Drive, Suite 2600
8 Chicago, IL 60606
Telephone: (312) 857-7070
9 Facsimile: (312) 857-7095
10 Attorneys for Defendant/Counter-Plaintiff
AMERICAN BLIND AND WALLPAPER
11 FACTORY, INC.
12 UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
13 SAN JOSE DIVISION
14
GOOGLE INC., a Delaware corporation, Case No. C 03-5340-JF (RS)
15
Plaintiff, RESPONSIVE DECLARATION OF
16 CAROLINE C. PLATER REGARDING
v. GOOGLE INC.’S MOTION FOR
17 ADMINISTRATIVE RELIEF SEEKING
AMERICAN BLIND & WALLPAPER AN ORDER SEALING DOCUMENTS
18 FACTORY, INC., a Delaware corporation FOR FILING IN RELATION TO
d/b/a decoratetoday.com, Inc.; and DOES 1- GOOGLE INC.’S MOTION TO COMPEL
19 100, inclusive, ABWF TO SATISFY OUTSTANDING
DISCOVERY OBLIGATIONS (DOCKET
20 Defendants. NO. 190)

21
Judge: Hon. Richard Seeborg
22 AMERICAN BLIND & WALLPAPER
FACTORY, INC., a Delaware corporation
23 d/b/a decoratetoday.com, Inc.,

24 Counter-Plaintiff,

25 v.

26 GOOGLE, INC.,
Counter-Defendant.
27

28
KELLEY DRYE &
WARREN LLP
333 WEST WACKER DRIVE CH01/PLATC/214494.1
SUITE 2600
CHICAGO, IL 60606

Dockets.Justia.com
 Case 5:03-cv-05340-JF Document 218 Filed 11/14/2006 Page 2 of 4

1 I, Caroline C. Plater, declare as follows:

2 1. I am an associate with the firm Kelley Drye & Warren LLP, counsel for
3
Defendant/Counter-Plaintiff, American Blind and Wallpaper Factory, Inc. (“American Blind”),
4
and I am admitted to practice before this court pro hac vice.
5

6 2. I make this responsive declaration pursuant to Civil Local Rule 79-5(d) regarding
7
the Motion For Administrative Relief Seeking An Order Sealing Documents For Filing In
8
Relation To Counter-Defendant Google Inc.’s Motion to Compel Counter-Plaintiff ABWF To
9
Satisfy Outstanding Discovery Obligations (“Google’s Sealing Motion”). Unless otherwise
10

11 stated, I know the facts stated herein of my personal knowledge and if called as a witness, I would

12 testify competently thereto.

13
3. Google’s Sealing Motion seeks an order sealing Exhibit J, L, N, O, R, and S to the
14
Declaration of Ajay S. Krishnan (“Krishnan Declaration”).
15

16
4. Exhibit J to the Krishnan Declaration are pages from an online customer
17
satisfaction survey conducted by American Blind and produced in this litigation. These
18
documents have been marked as Confidential and Attorneys Eyes Only because they contain
19
20 American Blind’s highly sensitive, confidential business information and business plans

21 regarding its online advertising, sales and services. These matters are deemed confidential and

22 subject to the Confidential and Attorneys Eyes Only designations pursuant to the terms of the
23
Protective Order in place in this case.
24

25 5. Exhibit L to the Krishnan Declaration are pages from two sets of spreadsheets that

26 were produced by American Blind in this litigation, both of which contain highly sensitive and
27 confidential financial information of American Blind. These documents have been marked as
28
KELLEY DRYE &
WARREN LLP
333 WEST WACKER DRIVE
SUITE 2600
CH01/PLATC/214494.1 -2-
CHICAGO, IL 60606
 Case 5:03-cv-05340-JF Document 218 Filed 11/14/2006 Page 3 of 4

1 Confidential and Attorneys Eyes Only because they contain American Blind’s confidential
2 business information regarding American Blind’s finances, profits, and sales. These matters are
3
deemed confidential and subject to the Confidential and Attorneys Eyes Only designations
4
pursuant to the terms of the Protective Order in place in this case.
5

6 6. Exhibit N to the Krishnan Declaration is an email from Michael Layne of

7
American Blind that was produced by American Blind in this litigation. This document has been
8
marked as Confidential and Attorneys Eyes Only because it contains American Blind’s highly
9
sensitive, confidential business information and business plans regarding its online advertising,
10

11 sales and services. These matters are deemed confidential and subject to the Confidential and

12 Attorneys Eyes Only designations pursuant to the terms of the Protective Order in place in this

13 case.
14
7. Exhibit O to the Krishnan Declaration is an email from Michael Layne of
15

16 American Blind that was produced by American Blind in this litigation. This document has been

17 marked as Confidential and Attorneys Eyes Only because it contains American Blind’s highly
18 sensitive, confidential business information and business plans regarding its online advertising,
19
sales and services. These matters are deemed confidential and subject to the Confidential and
20
Attorneys Eyes Only designations pursuant to the terms of the Protective Order in place in this
21
case.
22

23
8. Exhibit R to the Krishnan Declaration is a chart entitled “Google Top Drivers
24
2005” that was produced by American Blind in this litigation. This document has been marked as
25
Confidential and Attorneys Eyes Only because it contains American Blind’s confidential business
26
information and business plans regarding its online advertising, spending, sales and strategy
27

28 regarding the same. These matters are deemed confidential and subject to the Confidential and
KELLEY DRYE &
WARREN LLP
333 WEST WACKER DRIVE
SUITE 2600
CH01/PLATC/214494.1 -3-
CHICAGO, IL 60606
 Case 5:03-cv-05340-JF Document 218 Filed 11/14/2006 Page 4 of 4

1 Attorneys Eyes Only designations pursuant to the terms of the Protective Order in place in this
2 case.
3

4 9. Exhibit S to the Krishnan Declaration is a chart entitled “SEO Analysis for MSN”

5 that was produced by American Blind in this litigation. This document has been marked as
6 Confidential and Attorneys Eyes Only because it contains American Blind’s confidential business
7
information and business plans regarding its online advertising, spending, sales and strategy
8
regarding the same. These matters are deemed confidential and subject to the Confidential and
9
Attorneys Eyes Only designations pursuant to the terms of the Protective Order in place in this
10

11 case.

12
I state under penalty of perjury of the laws of the United States of American that the
13
foregoing statements are true and correct and that this declaration was executed on November 14,
14
2006.
15

16

17

18
/s/ Caroline C. Plater
19 CAROLINE C. PLATER

20

21

22

23

24

25

26

27

28
KELLEY DRYE &
WARREN LLP
333 WEST WACKER DRIVE
SUITE 2600
CH01/PLATC/214494.1 -4-
CHICAGO, IL 60606