Person v. Google, Inc.

Plaintiff Carl E. Person contends that defendant Google, Inc.'s quality score analysis prevents him from purchasing keyword targeted internet advertising at the advertised minimum cost-per-click prices and discriminates against him and other small business users who are not high volume advertisers.

Related case: Person v. Google, Inc. from the U.S. District Court-Northern District of California.
Plaintiff:Carl E. Person
Defendant:Google, Inc.
 
Case Number:1:2006cv04683
Filed:June 19, 2006
 
Court:New York Southern District Court
Office:Foley Square Office [ Court Info ]
County:NewYork
Presiding Judge:Judge Robert P. Patterson
 
Nature of Suit:Other Statutes - Antitrust
Cause:15:1 Antitrust Litigation
Jurisdiction:Federal Question
Jury Demanded By:Plaintiff
Amount Demanded:$10,000,000.00

Date Filed

#

Docket Text

June 19, 2006   SUMMONS ISSUED as to Google, Inc. (jeh, ) (Entered: June 20, 2006)
June 19, 2006   Magistrate Judge Andrew J. Peck is so designated. (jeh, ) (Entered: June 20, 2006)
June 19, 2006 1 COMPLAINT against Google, Inc. (Filing Fee $ 350.00, Receipt Number 582533)Document filed by Carl E. Person.(jeh, ) (Entered: August 11, 2006)
June 27, 2006 2 FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - MOTION for Preliminary Injunction. Document filed by Carl E. Person. Return Date set for 7/3/2006 09:30 AM. (Person, Carl) Modified on 6/27/2006 (kg). (Entered: June 27, 2006)
June 27, 2006   ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Carl E. Person to MANUALLY RE-FILE Document Motion for Preliminary Injunction, Document No. 2. This case is not ECF. (kg) (Entered: June 27, 2006)
June 28, 2006 3 MOTION for Preliminary Injunction enjoining Google Inc. from offering any keyword - target Internet advertising in the U.S. or in N.Y.S at Pay-Per-Clik prices unless... Document filed by Carl E. Person. Return Date set for 7/3/2006 09:30 AM. (pl, ) (Entered: June 29, 2006)
June 28, 2006 4 MEMORANDUM OF LAW in Support re: [3] MOTION for Preliminary Injunction.. Document filed by Carl E. Person. (pl, ) (Entered: June 29, 2006)
June 28, 2006 5 DECLARATION of Carl E. Person in Support re: [3] MOTION for Preliminary Injunction.. Document filed by Carl E. Person. (pl, ) (Entered: June 29, 2006)
June 30, 2006 6 ENDORSED LETTER addressed to Judge Patterson from Jonathan Jacobson dated 6/29/06: Google's time to answer the complaint is extended until 7/27; Google's motion to dismiss shall be fld by 7/27, plntf's opposition shall be fld by 8/17, and Google's reply by 8/31/06 and briefing concerning plntf's preliminary injunction motion is suspended pending consideration of the motion to dismiss. (Signed by Judge Robert P. Patterson on 6/29/06) (cd, ) (Entered: June 30, 2006)
July 27, 2006 7 MOTION to Dismiss purs to Federal Rules of Civil Procedure 129B)(3) AND 12(B)(6) for improper venue and failure to state a clim upon which relief can be granted. Document filed by Google, Inc.. (djc, ) (Entered: July 28, 2006)
July 27, 2006 8 MEMORANDUM OF LAW in Support re: [7] MOTION to Dismiss. Document filed by Google, Inc.. (djc, ) (Entered: July 28, 2006)
July 27, 2006 9 DECLARATION of Sara Ciarelli in Support re: [7] MOTION to Dismiss.. Document filed by Google, Inc.. (djc, ) (Entered: July 28, 2006)
August 3, 2006 10 MEMORANDUM OF LAW in Opposition re: [7] MOTION to Dismiss. Document filed by Carl E. Person. (jco, ) (Entered: August 4, 2006)
August 3, 2006 11 MOTION for an Order under Rule 15(a), F.R.C.P., granting leave for the plaintiff to amend his original complaint by addition of the following two paragraphs: as set forth in this Motion. Document filed by Carl E. Person. (jco, ) (Entered: August 4, 2006)
August 3, 2006 12 DECLARATION of Carl E. Person in Support re: [11] MOTION to Amend/Correct. Document filed by Carl E. Person. (jco, ) (Entered: August 4, 2006)
August 22, 2006 13 AFFIDAVIT OF SERVICE of Summons and Complaint. Google, Inc. served on 6/26/2006, answer due 7/17/2006. Service was accepted by Basel Clarke. Document filed by Carl E. Person. (pl, ) (Entered: August 29, 2006)
August 31, 2006 14 REPLY MEMORANDUM OF LAW in Support re: [7] MOTION to Dismiss purs to Federal Rules of Civil Procedure 129B)(3) AND 12(B)(6) for improper venue and failure to state a clim upon which relief can be granted. Document filed by Google, Inc. (jar, ) (Entered: September 1, 2006)
August 31, 2006 15 DECLARATION of David Dinucci in Support re: [7] MOTION to Dismiss purs to Federal Rules of Civil Procedure 129B)(3) AND 12(B)(6) for improper venue and failure to state a clim upon which relief can be granted. Document filed by Google, Inc. (jar, ) (Entered: September 1, 2006)
September 8, 2006 16 ENDORSED LETTER addressed to Judge Robert P. Patterson from Sara Ciarelli dated 9/7/06 re: This letter confirms that oral argument on Google's Motion to Dismiss and plaintiff's Cross-Motion to transfer action to California is scheduled for Wednesday, September 13, 2006 at 11:00 a.m. ENDORSEMENT: So Ordered. (Signed by Judge Robert P. Patterson on 9/6/06) (js, ) (Entered: 09/08/2006)
September 13, 2006   Minute Entry for proceedings held before Judge Robert P. Patterson : Oral Argument held on 9/13/2006 re: [7] MOTION to Dismiss. filed by Google, Inc.,. (dle, ) (Entered: September 14, 2006)
September 20, 2006 17 ORDER that this case should be designated as an ECF case. (Signed by Judge Robert P. Patterson on 9/20/06) (dle, ) (Entered: September 21, 2006)
September 20, 2006   Case Designated ECF. (dle, ) (Entered: September 21, 2006)
September 20, 2006 18 ENDORSED LETTER addressed to Judge Robert P. Patterson Jr. from Carl E. Person dated 9/15/2006 re: to after reviewing the transcript of the argument on September 13th, I have decided to amend my complaint (to cure weaknesses discussed at the argument), and expect to file the amended complaint on Monday or Tuesday. ENDORSEMENT: Plaintiff application to amend for the second time is denied since it was after argument of the motion to dismiss. So Ordered. (Signed by Judge Robert P. Patterson on 9/18/2006) (jmi, ) (Entered: September 21, 2006)
September 21, 2006 19 ENDORSED LETTER addressed to Judge Robert P. Patterson from Carl E. Person dated 9/18/2006 re: requesting permission to file the first amended complaint at some point in the litigation, and that the Court grant leave to amend its decision based on the original complaint. ENDORSEMENT: Application Denied. In response to defendant's motion to dismiss, plaintiff filed a cross-motion amending his complaint on 8/3/2006 under Fed. R. Civ. P. 15(a). This is a second amendment. So Ordered. (Signed by Judge Robert P. Patterson on 9/20/2006) (lb, ) (Entered: 09/21/2006)
September 21, 2006   Transmission to Judgments and Orders Clerk. Transmitted re: [19] Endorsed Letter,,, to the Judgments and Orders Clerk. (lb, ) (Entered: September 21, 2006)
September 21, 2006 20 NOTICE OF CHANGE OF ADDRESS by Sara Beth Ciarelli on behalf of Google, Inc.. New Address: Wilson Sonsini Goodrich & Rosati, Professional Corporation, 1301 Avenue of the Americas, 40th Floor, New York, New York, USA 10019, (212) 999-5800. (Ciarelli, Sara) (Entered: September 21, 2006)
September 22, 2006 21 CERTIFICATE OF SERVICE of Notice of Change of Address served on Carl E. Person on 9-21-06. Service was made by Overnight Mail. Document filed by Google, Inc.. (Ciarelli, Sara) (Entered: 09/22/2006)
September 22, 2006 22 ENDORSED LETTER addressed to Judge Richard P. Pertterson from Jonathan M. Jacobson dated 9/18/2006 re: to the parties should await the Court 's decision on the original motion to dismiss before any other activity in the case is undertaken. The Court's analysis may resolve various issues Mr. Person may seek to raise in his Amended Complaint, including whether this action is properly venued here.ENDORSEMENT: Applcation granted. So Ordered. (Signed by Judge Robert P. Patterson on 9/18/2006) (jmi, ) (Entered: September 25, 2006)
September 28, 2006 23 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Leave to Appear Pro Hac Vice of David H. Kramer. Document filed by Google, Inc.. (Attachments: # 1 Sara B. Ciarelli Declaration In Support# 2 Exhibit A to Sara B. Ciarelli Declaration In Support# 3 Proposed Order# 4 Certificate of Service)(Ciarelli, Sara) Modified on 9/29/2006 (kg). (Entered: 09/28/2006)
September 29, 2006   ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Sara Beth Ciarelli to MANUALLY RE-FILE Document No. 23 Motion to admit Pro Hac Vice. This document is not filed via ECF. (kg) (Entered: 09/29/2006)
September 29, 2006 24 MOTION for David H. Kramer to Appear Pro Hac Vice. Document filed by Google, Inc. Proposed Order attached. (db, ) (Entered: October 2, 2006)
October 10, 2006 25 NOTICE OF APPEARANCE by Carl E. Person on behalf of Carl E. Person (Person, Carl) (Entered: October 10, 2006)
October 10, 2006 26 MEMO ENDORSEMENT on re: 24 MOTION for David H. Kramer to Appear Pro Hac Vice. filed by Google Inc. ENDORSEMENT: Motion GRANTED. David H. Kramer is admitted pro hac vice upon his paying the required fee to the Clerk of the Court. (Signed by Judge Robert P. Patterson on 10/9/06) (js, ) (Entered: October 10, 2006)
October 10, 2006   Transmission to Attorney Admissions Clerk. Transmitted re: 26 Memo Endorsement, to the Attorney Admissions Clerk for updating of Attorney Information. (js, ) (Entered: October 10, 2006)
October 11, 2006 27 OPINION and ORDER re: granting[7] MOTION to Dismiss for improper venue...; Thus the dispute is hereby transferred to the Northeren District of California at San Jose, which is in Santa Clara County, the forum selected by the contract. filed by Google, Inc.,. (Signed by Judge Robert P. Patterson on 10/11/06) (djc, ) (Entered: October 11, 2006)
October 11, 2006   CASE TRANSFERRED OUT from the U.S.D.C. Southern District of New York to the United States District Court - Northern District of California at San Jose. Sent certified copy of docket entries and transfer order in ECF Case. Mailed via Federal Express AIRBILL #8575 0916 4131 on 11/22/06. (djc, ) (Entered: November 22, 2006)
October 17, 2006   CASHIERS OFFICE REMARK on 26 Memo Endorsement, in the amount of $25.00, paid on 10/11/2006, Receipt Number 593158. (jd, ) (Entered: October 17, 2006)
October 17, 2006 28 TRANSCRIPT of proceedings held on 9/13/2006 before Judge Robert P. Patterson. (aba, ) (Entered: October 17, 2006)
November 2, 2006 29 TRANSCRIPT of proceedings held on 09/13/06 before Judge Robert P. Patterson. (es, ) (Entered: November 2, 2006)
December 28, 2006   Received a letter from the United States District Court - Northern District of California acknowledging receipt of the entire file and assigned Case Number: C-06-7297(JCS). (tve) (Entered: 03/15/2007)
Docket Report Last Checked: November 29, 2007 15:59:20 PST
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Plaintiff: Carl E. Person
Represented By: Carl E. Person
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Defendant: Google, Inc.
Represented By: Sara Beth Ciarelli, Jonathan M. Jacobson, David H. Kramer
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