Advanced Internet Technologies, Inc. v. Google, Inc.

Plaintiff alleges that defendant Google Inc. has failed to take any significant measures to track or prevent click fraud, to adequately warn its customers about the existence of click fraud, to adequately advise customers that they have been victimized by click fraud, and to refund customers the excess charges that they have incurred as a result of the click fraud.
Plaintiffs:Steve Mizera and Advanced Internet Technologies, Inc.
Defendants:Google, Inc.
 
Case Number:5:2005cv02579
Filed:June 24, 2005
 
Court:California Northern District Court
Office:San Jose Office [ Court Info ]
County:XX US, Outside State
Presiding Judge:Hon. Ronald M. Whyte
Referring Judge:Magistrate Judge Patricia V. Trumbull
 
Nature of Suit:Contract - Other Contract
Cause:28:1332 Diversity-Breach of Contract
Jurisdiction:Diversity
Jury Demanded By:None

Date Filed

#

Docket Text

June 24, 2005 1 COMPLAINT (Summons Issued); jury demand; CLASS ACTION; against Google, Inc. ( Filing fee $ 250, receipt number 5512647.). Filed byClick Defense, Inc.. (bw, COURT STAFF) (Filed on 6/24/2005) Additional attachment(s) added on 6/27/2005 (bw, COURT STAFF). (Entered: June 24, 2005)
June 24, 2005 2 ADR SCHEDULING ORDER: Case Management Statement due by 10/18/2005. Case Management Conference set for 10/25/2005 02:00 PM. (Attachments: # 1 Standing Order)(bw, COURT STAFF) (Filed on 6/24/2005) (Entered: June 24, 2005)
June 24, 2005   Summons Issued as to Google, Inc.. (bw, COURT STAFF) (Filed on 6/24/2005) (Entered: June 24, 2005)
June 24, 2005   CASE DESIGNATED for Electronic Filing. (bw, COURT STAFF) (Filed on 6/24/2005) (Entered: June 24, 2005)
June 28, 2005 3 Certificate of Interested Entities OR Parties (bw, COURT STAFF) (Filed on 6/28/2005) Additional attachment(s) added on 6/28/2005 (bw, COURT STAFF). (Entered: June 28, 2005)
July 22, 2005 4 CERTIFICATE OF SERVICE by Google, Inc. re 1 Complaint,, 2 ADR Scheduling Order, 3 Certificate of Interested Entities (bw, COURT STAFF) (Filed on 7/22/2005) (Entered: July 22, 2005)
July 26, 2005 5 Declination to Proceed Before a U.S. Magistrate Judge by Google, Inc.. (Roberts, Clement) (Filed on 7/26/2005) (Entered: July 26, 2005)
July 27, 2005 6 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (cm, COURT STAFF) (Filed on 7/27/2005) (Entered: July 27, 2005)
July 27, 2005 7 ORDER REASSIGNING CASE. Case reassigned to Judge Ronald M. Whyte for all further proceedings. Magistrate Judge Patricia V Trumbull remains as the referrtal judge to case. Signed by Executive Committee on July 27, 2005. (bw, COURT STAFF) (Filed on 7/27/2005) (Entered: July 27, 2005)
July 27, 2005   Clerk mailed copy of Reassignment Order to all parties of record (bw, COURT STAFF) (Filed on 7/27/2005) (Entered: July 27, 2005)
July 27, 2005 8 MOTION to Dismiss filed by Google, Inc.. Motion Hearing set for 9/2/2005 09:00 AM in Courtroom 6, 4th Floor, San Jose. (Roberts, Clement) (Filed on 7/27/2005) (Entered: July 27, 2005)
August 16, 2005 9 APPLICATION of Darren T. Kaplan for leave to appear in Pro Hac Vice filed by Click Defense, Inc. (fee paid) (dhm, COURT STAFF) (Filed on 8/16/2005) (Entered: August 17, 2005)
August 16, 2005   Proposed Order re [9] MOTION for leave to appear in Pro Hac Vice by Click Defense, Inc.. (dhm, COURT STAFF) (Filed on 8/16/2005) (Entered: August 17, 2005)
August 19, 2005 10 Memorandum in Opposition to Google, Inc.'s Motion to Dismiss filed byClick Defense, Inc.. (Kellner, Richard) (Filed on 8/19/2005) (Entered: August 19, 2005)
August 19, 2005 11 Reply Memorandum re 8 MOTION to Dismiss Reply Memorandum In Support of Motion to Dismiss filed byGoogle, Inc.. (Kent, Ryan) (Filed on 8/19/2005) (Entered: August 19, 2005)
August 22, 2005 12 CERTIFICATE OF SERVICE by Google, Inc. re 11 Reply Memorandum (Kent, Ryan) (Filed on 8/22/2005) (Entered: August 22, 2005)
August 23, 2005 13 ORDER re [9] Granting MOTION for leave to appear in Pro Hac Vice tor attorney Darren T. Kaplan filed by Click Defense, Inc.,. Signed by Judge Ronald M. Whyte on August 23, 2005. (bw, COURT STAFF) (Filed on 8/23/2005) (Entered: August 23, 2005)
August 24, 2005 14 MOTION to Enlarge Time re 10 Memorandum in Opposition to Motion to Dismiss filed by Click Defense, Inc.. Motion Hearing set for 9/2/2005 09:00 AM. (Kellner, Richard) (Filed on 8/24/2005) (Entered: August 24, 2005)
August 24, 2005 15 Declaration of Darren T. Kaplan in Support of 14 MOTION to Enlarge Time re 10 Memorandum in Opposition to Motion to Dismiss filed byClick Defense, Inc.. (Related document(s)14) (Kellner, Richard) (Filed on 8/24/2005) (Entered: August 24, 2005)
August 24, 2005 16 Proposed Order re 14 MOTION to Enlarge Time re 10 Memorandum in Opposition to Motion to Dismiss by Click Defense, Inc.. (Kellner, Richard) (Filed on 8/24/2005) (Entered: August 24, 2005)
September 2, 2005 17 Minute Entry: Motion Hearing held on 9/2/2005 before Ronald M. Whyte (Date Filed: 9/2/2005) re 8 MOTION to Dismiss filed by Google, Inc.,. (Court Reporter Lee-Anne Shortridge.) (jg, Court Staff) (Date Filed: 9/2/2005) (Entered: September 2, 2005)
September 14, 2005 18 ORDER by Judge Whyte granting 8 Motion to Dismiss, finding as moot 14 Motion to enlarge time (rmwlc1, COURT STAFF) (Filed on 9/14/2005) (Entered: 09/14/2005)
October 17, 2005 19 JOINT CASE MANAGEMENT STATEMENT and [Proposed] Order filed by Google, Inc.. (Kent, Ryan) (Filed on 10/17/2005) (Entered: October 17, 2005)
October 18, 2005 20 Defendant Google, Inc.'s ANSWER to Complaint Class Action Complaint byGoogle, Inc.. (Kent, Ryan) (Filed on 10/18/2005) (Entered: October 18, 2005)
November 15, 2005 21 Proposed Order [Proposed] Case Management Order by Google, Inc.. (Durie, Daralyn) (Filed on 11/15/2005) (Entered: November 15, 2005)
December 1, 2005 22 Minute Entry: Initial Case Management Conference held on 10/28/2005 before Ronald M. Whyte. Further Case Management Conference set for 5/12/2006 10:30 AM. (Court Reporter Nopt Reported.) (jg, COURT STAFF) (Entered: December 1, 2005)
December 7, 2005 23 MOTION to Substitute Party filed by Click Defense, Inc.. Motion Hearing set for 1/13/2006 09:00 AM in Courtroom 6, 4th Floor, San Jose. (Kaplan, Darren) (Filed on 12/7/2005) (Entered: 12/07/2005)
December 7, 2005 24 Declaration of Scott Boyenger in Support of 23 MOTION to Substitute Party filed byClick Defense, Inc.. (Related document(s)23) (Kaplan, Darren) (Filed on 12/7/2005) (Entered: December 7, 2005)
December 7, 2005 25 Declaration of Clarence Briggs in Support of 23 MOTION to Substitute Party filed byClick Defense, Inc.. (Related document(s)23) (Kaplan, Darren) (Filed on 12/7/2005) (Entered: December 7, 2005)
December 7, 2005 26 Proposed Order re 23 MOTION to Substitute Party by Click Defense, Inc.. (Kaplan, Darren) (Filed on 12/7/2005) (Entered: December 7, 2005)
December 7, 2005 27 CASE MANAGEMENT SCHEDULING ORDER: Case Management Conference set for 5/12/2006 10:30 AM. Class Certification Hearing set for 5/12/2006 09:00 AM in Courtroom 6, 4th Floor, San Jose.. Signed by Judge Ronald M. Whyte on 12/7/05. (jg, COURT STAFF) (Filed on 12/7/2005) (Entered: December 7, 2005)
December 23, 2005 28 Memorandum in Opposition re 23 MOTION to Substitute Party Google's Opposition to Click Defense's Motion for Leave to Withdraw as Representative Plaintiff filed byGoogle, Inc.. (Silbert, David) (Filed on 12/23/2005) (Entered: December 23, 2005)
December 23, 2005 29 Proposed Order re 28 Memorandum in Opposition to Click Defense's Motion for Leave to Withdraw as Representative Plaintiff by Google, Inc.. (Silbert, David) (Filed on 12/23/2005) (Entered: December 23, 2005)
December 29, 2005 30 Reply to Opposition re 23 MOTION to Substitute Party filed byClick Defense, Inc.. (Kaplan, Darren) (Filed on 12/29/2005) (Entered: December 29, 2005)
January 18, 2006 31 Minute Entry: Motion Hearing held on 1/13/2006 before Ronald M. Whyte re 23 MOTION to Substitute Party filed by Click Defense, Inc.,. (Court Reporter Lee-Anne Shortridge.) (jg, COURT STAFF) (Entered: January 18, 2006)
January 26, 2006 32 STIPULATION AND ORDER to Consolidate Actions. Signed by Judge Ronald M. Whyte on 1/13/06. (jg, COURT STAFF) (Filed on 1/26/2006) (Entered: January 26, 2006)
February 2, 2006 33 STIPULATION AND [PROPOSED] ORDER TO AMEND BRIEFING SCHEDULE by Google, Inc.. (Silbert, David) (Filed on 2/2/2006) (Entered: February 2, 2006)
February 6, 2006 34 STIPULATION AND ORDER to Amend Briefing Schedule. Signed by Judge Ronald M. Whyte on 2/6/06. (jg, COURT STAFF) (Filed on 2/6/2006) (Entered: February 6, 2006)
March 6, 2006 35 MOTION to Certify Class filed by Click Defense, Inc.. Motion Hearing set for 5/12/2006 09:00 AM in Courtroom 6, 4th Floor, San Jose. (Attachments: # 1 Affidavit Declaration of Clarence E. Briggs# 2 Exhibit Exhibits A through C to Declaration of Clarence Briggs# 3 Exhibit Exhibits D through F to Declaration of Clarence Briggs# 4 Exhibit Exhibits G though I to the Declaration of Clarence Briggs# 5 Exhibit Exhibits J though L to the Declaration of Clarence Briggs# 6 Proposed Order Granting Plaintiff's Motion to Certify Class)(Kaplan, Darren) (Filed on 3/6/2006) (Entered: March 6, 2006)
March 22, 2006 36 Proposed Order Granting Motion to Substitute Advanced Internet Technologies, Inc. as Named Plaintiff by Advanced Internet Technologies, Inc.. (Kaplan, Darren) (Filed on 3/22/2006) (Entered: March 22, 2006)
March 30, 2006 37 ORDER by Judge Whyte Regarding Stay Request (rmwlc2, COURT STAFF) (Filed on 3/30/2006) (Entered: March 30, 2006)
April 4, 2006 38 MOTION for Leave to File Supplementary Material filed by Advanced Internet Technologies, Inc.. (Attachments: # 1 Affidavit Declaration of Darren T. Kaplan# 2 Proposed Order Proposed Order Granting AIT's Administrative Motion)(Kaplan, Darren) (Filed on 4/4/2006) (Entered: April 4, 2006)
April 5, 2006 39 ORDER by Judge Whyte Regarding Stay Request (rmwlc2, COURT STAFF) (Filed on 4/5/2006) (Entered: April 5, 2006)
April 6, 2006 40 ORDER Granting Motion to Substitute Advanced Internet Technologies, Inc. Signed by Judge Ronald M. Whyte on 4/5/06. (jg, COURT STAFF) (Filed on 4/6/2006) (Entered: April 6, 2006)
April 6, 2006 41 APPLICATION of Gregory E. Keller for leave to appear in Pro Hac Vice filed by Advanced Internet Technologies, Inc.. (fee paid)(dhm, COURT STAFF) (Filed on 4/6/2006) Additional attachment(s) added on 4/7/2006 (dhm, COURT STAFF). (Entered: April 7, 2006)
April 6, 2006   Proposed Order re 41 APPLICATION of Gregory K. Keller for leave to appear in Pro Hac Vice by Advanced Internet Technologies, Inc.. (dhm, COURT STAFF) (Filed on 4/6/2006) (Entered: April 7, 2006)
April 14, 2006 42 ORDER by Judge Ronald M. Whyte granting 41 Motion for Pro Hac Vice for attorney Gregory K. Keller. (bw, COURT STAFF) (Filed on 4/14/2006) Additional attachment(s) added on 4/17/2006 (bw, COURT STAFF). (Entered: April 17, 2006)
November 28, 2006 43 STIPULATION AND [PROPOSED] ORDER DISMISSING ACTION by Google, Inc.. (Attachments: # 1 Exhibit A)(Silbert, David) (Filed on 11/28/2006) (Entered: November 28, 2006)
December 7, 2006 44 STIPULATION AND ORDER Re: 43 Dismissing Action, ***Civil Case Terminated. Signed by Judge Ronald M. Whyte on 12/7/06. (jg, COURT STAFF) (Filed on 12/7/2006) (Entered: December 7, 2006)
June 26, 2007 45 ORDER RELATING CASE. Signed by Judge Ronald M. Whyte on 6/25/07. (jg, COURT STAFF) (Filed on 6/26/2007) (Entered: June 26, 2007)
Docket Report Last Checked: November 29, 2007 15:18:15 PST
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Defendant: Google, Inc.
Represented By: Daralyn J. Durie, Ryan Marshall Kent, Clement S. Roberts, David Jason Silbert
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Plaintiff: Steve Mizera
Represented By: Frank E Marchetti, Darren T. Kaplan, Gregory E. Keller, Richard Kellner, Shawn Khorrami
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Plaintiff: Advanced Internet Technologies, Inc.
Represented By: Shawn Khorrami, Richard Kellner, Darren T. Kaplan, Frank E Marchetti, Gregory E. Keller
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