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

175
Case 5:04-cv-01497-RS Document 175 Filed 06/01/2005 Page 1 of 3

1 DAVID H. KRAMER, State Bar No. 168452 (dkramer@wsgr.com)

DAVID L. LANSKY, State Bar No. 199952 (dlansky@wsgr.com)
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 EDMOND
13 ) CHOI IN OPPOSITION TO
v. ) DIGITAL ENVOY’S MOTION TO
14 ) COMPEL FURTHER RESPONSES
GOOGLE INC., ) TO REQUESTS FOR PRODUCTION
15 ) OF DOCUMENTS NOS. 3, 14, 18, 19
Defendant/Counterclaimant. ) AND 26
16 )
) Judge: Hon. Richard Seeborg
17 ) Courtroom: 4, 5th Floor
) Date: June 22, 2005
18 ) Time: 9:30 a.m.
)
19

20

21

22

23

24

25

26

27

28
DECLARATION EDMOND CHOI IN OPPOSITION TO 2665658_1.DOC
DIGITAL ENVOY’S MOTION TO COMPEL
C 04 01497 RS
Dockets.Justia.com
 Case 5:04-cv-01497-RS Document 175 Filed 06/01/2005 Page 2 of 3

1 I, Edmond Choi, declare as follows:

2 1. I am a Legal Assistant with Google Inc. (“Google”), the defendant and

3 counterclaimant in this action. One of my responsibilities is to respond to subpoenas and other

4 requests for information for litigation purposes. 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 understand that Digital Envoy has demanded in this case that Google produce its

7 RFC 822 headers for the emails that appear on Google’s privilege log, arguing that such header

8 information appears as part of Google’s emails as they are kept in the “usual course of business.”

9 It does not. At Google, RFC 822 headers are not displayed to email users unless they are

10 specially requested. Likewise, absent special request, the headers are not printed with an email

11 message.

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

13 foregoing is true and correct. Executed on June 1, 2005, at Mountain View, California.

14

15 __/s/ Edmond Choi

Edmond Choi
16

17

18

19

20

21

22

23

24

25

26

27

28
DECLARATION OF EDMOND CHOI IN OPPOSITION 1 C:\NrPortbl\PALIB1\LMU\2665658_1.DOC
TO DIGITAL ENVOY’S MOTION TO COMPEL
C 04 01497 RS
 Case 5:04-cv-01497-RS Document 175 Filed 06/01/2005 Page 3 of 3

2 CERTIFICATION

3 I, David H. Kramer, am the ECF User whose identification and password are being used

4 to file the Declaration of Edmond Choi in Opposition to Digital Envoy’s Motion to Compel. In

5 compliance with General Order 45.X.B, I hereby attest that Edmond Choi has concurred in this

6 filing.

8 DATED: June 1, 2005 WILSON SONSINI GOODRICH & ROSATI

Professional Corporation
9

10
By: /s/ David H. Kramer
11 David H. Kramer

12 Attorneys for Defendant / Counterclaimant

GOOGLE INC.
13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28
DECLARATION OF EDMOND CHOI IN OPPOSITION 2 C:\NrPortbl\PALIB1\LMU\2665658_1.DOC
TO DIGITAL ENVOY’S MOTION TO COMPEL
C 04 01497 RS