Government Employees, et al v. Google, Inc., et al

Plaintiff GEICO sued defendant Google, Inc. claiming that defendant violated the Lanham Act and engaged in unfair competition by using GEICO's trademarks to sell advertising on its Internet search engine.
Plaintiff:Government Employees Insurance Company
Defendant:Google, Inc.
Movant:Public Citizen
 
Case Number:1:2004cv00507
Filed:May 4, 2004
 
Court:Virginia Eastern District Court
Office:Alexandria Office [ Court Info ]
County:Out of State
Presiding Judge:District Judge Leonie M. Brinkema
Referring Judge:Magistrate Judge Theresa Carroll Buchanan
 
Nature of Suit:Intellectual Property - Trademark
Cause:15:1125 Trademark Infringement (Lanham Act)
Jurisdiction:Federal Question
Jury Demanded By:None
Amount Demanded:$0.00

Date Filed

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Docket Text

May 4, 2004 1 COMPLAINT Filing Fee $ 150.00 Receipt # 100 171983 (pmil) (Entered: May 5, 2004)
May 4, 2004   CASE REFERRED to Mag Judge Theresa C. Buchanan (pmil) (Entered: May 5, 2004)
May 4, 2004   SUMMONS(ES)(orig. & 2) issued and given to atty for service by SPS as to defts Google, Inc., Overture Services (pmil) (Entered: May 5, 2004)
May 4, 2004 2 Financial Interest Disclosure Statement (Local Rule 7.1) by Government Employees (pmil) (Entered: May 5, 2004)
May 12, 2004 3 SUMMONS Returned Executed as to Overture Services 5/5/04 Answer due on 5/25/04 for Overture Services (mcke) (Entered: May 13, 2004)
May 14, 2004 4 FIRST AMENDED COMPLAINT by Government Employees; amending [1-1] complaint (pmil) (Entered: May 17, 2004)
June 2, 2004 5 Consent Order Defts Google, Inc. and Overture Services, Inc. shall have up to and including 06/21/04 to answer or otherwise respond to the Amended Complaint ( signed by Judge Leonie M. Brinkema ) Copies Mailed: ye (pmil) (Entered: June 3, 2004)
June 2, 2004 6 Financial Interest Disclosure Statement (Local Rule 7.1) by Overture Services (pmil) (Entered: June 4, 2004)
June 7, 2004 7 Financial Interest Disclosure Statement (Local Rule 7.1) by Google, Inc. (pmil) (Entered: June 7, 2004)
June 8, 2004 8 ORDER for Michael Henry Page to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 100 172772 ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 6/8/04] (pmil) (Entered: June 8, 2004)
June 8, 2004 9 NOTICE of Attorney Appearance for Government Employees by Charles Daniel Ossola (pmil) (Entered: June 9, 2004)
June 18, 2004 10 ORDER setting Initial Pretrial Conference for 10:00 7/7/04 Discovery Deadline for 10/15/04 Final Pretrial Conference for 10:00 10/21/04 (see order for details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (mcke) (Entered: June 21, 2004)
June 18, 2004   Deadline updated; set Initial Pretrial Conference for 10:00 7/7/04 before Mag Judge Theresa C. Buchanan (mcke) (Entered: June 21, 2004)
June 21, 2004 11 MOTION by Overture Services to Dismiss First Amended Complaint (pmil) (Entered: June 23, 2004)
June 21, 2004 12 MOTION by Google, Inc. to Dismiss (TOLD TO NOTICE) (pmil) Modified on 06/23/2004 (Entered: June 23, 2004)
June 21, 2004 13 MEMORANDUM OF POINTS AND AUTHORITIES by Google, Inc. in support of [12-1] motion by Google, Inc. to Dismiss (pmil) (Entered: June 23, 2004)
June 21, 2004 14 MEMORANDUM by Overture Services in support of [11-1] motion by Overture Services to Dismiss First Amended Complaint (LARGE PLEADING) (pmil) Modified on 06/23/2004 (Entered: June 23, 2004)
June 21, 2004 15 NOTICE of Hearing: Motion Hearing Deadline before Judge Leonie M. Brinkema set for 10:00 7/30/04 for [11-1] motion by Overture Services to Dismiss First Amended Complaint (pmil) (Entered: 06/23/2004)
June 28, 2004 16 ORDER for Howard Michael to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 100 173209 ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 6/29/04] (pmil) (Entered: 06/29/2004)
June 28, 2004 17 ORDER for John Theophil Gabrielides to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 100 173209 ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 6/29/04] (pmil) (Entered: June 29, 2004)
June 28, 2004 18 ORDER for David Stewart Fleming to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 100 173209 ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 6/29/04] (pmil) (Entered: June 29, 2004)
June 28, 2004 19 ORDER for Philip Andrieus Jones to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 100 173209 ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 6/29/04] (pmil) (Entered: June 29, 2004)
June 29, 2004 20 ORDER for Klaus Hemingway Hamm to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 100 173247 ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 6/30/04] (pmil) (Entered: June 30, 2004)
June 29, 2004 21 ORDER for Mark Alan Lemley to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 100 173246 ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 6/30/04] (pmil) (Entered: 06/30/2004)
June 30, 2004 22 Consent Order the hearing on the motions to dismiss filed by defts Google Inc. and Overture Services, Inc. shall be set for Friday, 08/06/04, at 10:00 a.m. and that Pltf's oppositions to the motions to dismiss shall be filed and served on 07/16/04 and the defts' replies, if any, shall be filed and served by 07/26/04 ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (pmil) (Entered: July 1, 2004)
June 30, 2004   Deadline updated; Motion Hearing Deadline before Judge Leonie M. Brinkema set for 10:00 8/6/04 for [12-1] motion by Google, Inc. to Dismiss, set for 10:00 8/6/04 for [11-1] motion by Overture Services to Dismiss First Amended Complaint (pmil) (Entered: July 8, 2004)
July 2, 2004 23 JOINT Discovery Plan by Government Employees, Google, Inc., Overture Services (pmil) (Entered: July 6, 2004)
July 7, 2004 24 Rule 16(B) Scheduling Order - Pursuant to the Rule 16(B) Conference it is hereby ordered that: the proposed Joint Discovery Plan is approved and shall control discovery to the extent of its application unless modified by the Court (see order for details) ( signed by Mag Judge Theresa C. Buchanan ) Mailed: yes (pmil) (Entered: July 7, 2004)
July 16, 2004 25 MOTION by L. L. Bean, Inc., Coldwater Creek, Inc for leave to appear as Amici Curiae (clar) (Entered: July 19, 2004)
July 16, 2004 26 MEMORANDUM by Coldwater Creek, Inc, L. L. Bean, Inc. in support of [25-1] motion by L. L. Bean, Inc., Coldwater Creek, Inc for leave to appear as Amici Curiae (clar) (Entered: July 19, 2004)
July 16, 2004 27 NOTICE of Hearing: Motion Hearing Deadline before Judge Leonie M. Brinkema set for 10:00 7/23/04 for [25-1] motion by L. L. Bean, Inc., Coldwater Creek, Inc for leave to appear as Amici Curiae (clar) (Entered: July 19, 2004)
July 16, 2004 28 Amici Curiae brief by Coldwater Creek, Inc, L. L. Bean, Inc. in opposition to [12-1] motion by Google, Inc. to Dismiss, [11-1] motion by Overture Services to Dismiss First Amended Complaint (clar) (Entered: July 19, 2004)
July 16, 2004 29 OPPOSITION by Government Employees to [12-1] motion by Google, Inc. to Dismiss, [11-1] motion by Overture Services to Dismiss First Amended Complaint (LARGE PLEADING - BINDED) (pmil) (Entered: July 19, 2004)
July 21, 2004 30 RESPONSE by Google, Inc. in opposition to [25-1] motion by L. L. Bean, Inc., Coldwater Creek, Inc for leave to appear as Amici Curiae (clar) (Entered: July 22, 2004)
July 21, 2004 31 RESPONSE by Overture Services in opposition to [25-1] motion by L. L. Bean, Inc., Coldwater Creek, Inc for leave to appear as Amici Curiae in order to file a brief opposing defts' motions to dismiss (clar) (Entered: July 22, 2004)
July 22, 2004 32 REPLY MEMORANDUM in support by Coldwater Creek, Inc, L. L. Bean, Inc. of [25-1] motion by L. L. Bean, Inc., Coldwater Creek, Inc for leave to appear as Amici Curiae (clar) (Entered: 07/22/2004)
July 23, 2004   Motion hearing held before Judge Brinkema; Reporter: Thomson; Appearances by counsel for parties re: [25-1] motion by L. L. Bean, Inc., Coldwater Creek, Inc for leave to appear as Amici Curiae. Argued and Denied. Order to follow. (rtra) (Entered: July 23, 2004)
July 23, 2004 33 For the reasons stated in open court, ORDER denying [25-1] motion by L. L. Bean, Inc., Coldwater Creek, Inc for leave to appear as Amici Curiae ( signed by Judge Leonie M. Brinkema ) Copies Mailed: 07/23/04 [EOD Date: 7/23/04] (rtra) (Entered: July 23, 2004)
July 26, 2004 34 REPLY BRIEF in support by Google, Inc. of [12-1] motion by Google, Inc. to Dismiss (jcup) (Entered: July 27, 2004)
July 26, 2004 35 REPLY in further support by Overture Services of [11-1] motion by Overture Services to Dismiss First Amended Complaint (jcup) (Entered: July 27, 2004)
July 30, 2004 36 MOTION by Public Citizen for Leave to File Memorandum as Amicus Curiae together with notice for 08/06/04 at 10:00 a.m. (stas) (Entered: July 30, 2004)
July 30, 2004   Motion hearing for Public Citizen [36-1] motion by Public Citizen for Leave to File Memorandum as Amicus Curiae set at 10:00 8/6/04 before Mag Judge Theresa C. Buchanan (stas) (Entered: 07/30/2004)
July 30, 2004 37 MEMORANDUM by Public Citizen in support of [36-1] motion by Public Citizen for Leave to File Memorandum as Amicus Curiae (stas) (Entered: July 30, 2004)
August 3, 2004   Deadline updated; Motion Hearing Deadline before Judge Leonie M. Brinkema set for 10:00 8/6/04 for [36-1] motion by Public Citizen for Leave to File Memorandum as Amicus Curiae (stas) (Entered: August 3, 2004)
August 3, 2004 38 ORDER, for Jack Charles Berenzweig to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 100 174082 ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 8/4/04] (jcup) (Entered: August 4, 2004)
August 4, 2004 39 RESPONSE by Government Employees in opposition to [36-1] motion by Public Citizen for Leave to File Memorandum as Amicus Curiae (stas) (Entered: August 4, 2004)
August 6, 2004   Motion hearing held before Judge Brinkema; Reporter: Thomson; Appearances by counsel for parties re: [36-1] motion by Public Citizen for Leave to File Memorandum as Amicus Curiae-Motion Argued and Denied; Deft's Motion to Dismiss-Argued and Taken Under Advisement. Order to follow. (rtra) (Entered: August 8, 2004)
August 6, 2004 40 For the reasons stated in open court, ORDER denying [36-1] motion by Public Citizen for Leave to File Memorandum as Amicus Curiae ( signed by Judge Leonie M. Brinkema ) Copies Mailed: 08/06/04 [EOD Date: 8/8/04] (rtra) (Entered: August 8, 2004)
August 6, 2004 41 ORDER for Paul Alan Levy to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 100 174177 ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 8/10/04] (pmil) (Entered: 08/10/2004)
August 11, 2004 42 ORDER for Christopher Frederick Winters to appear pro hac vice; Filing Fee Paid $ 50.00 Receipt # 100 174232 ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 8/11/04] (pmil) (Entered: August 11, 2004)
August 17, 2004 43 Consent Order that Government Employees Insurance Company ("GEICO") shall respond to Google Inc.'s first interrogatories and document requests on 08/16/04 and to Overture, Inc.'s first interrogatories and document requests by 08/17/04; Google, Inc. shall respond to GEICO's first interrogatories and document requests by 08/18/04 and that Overture, Inc. shall respond to GEICO's first interrogatories and document requests by 08/23/04; the date contained in paragraph 3 of the Joint Discovery Plan are enlarged by one week so that the party bearing the burden of proof on an issue shall serve its initial expert disclosures relating to that issue on or before 09/07/04; expert disclosures by parties that do not bear the burden of proof on an issue shall be served by 10/07/04 and any rebuttal disclosures shall be made by 10/12/04 (see Order for details) ( signed by Mag Judge Theresa C. Buchanan ) Copies Mailed: yes (pmil) (Entered: 08/19/2004)
August 25, 2004 44 MEMORANDUM OPINION - FILED RE: Motions to Dismiss by Defts' Google, Inc., and Overture Services, Inc. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (pmil) (Entered: August 26, 2004)
August 25, 2004 45 ORDER that the Defts' Motions to Dismiss are GRANTED IN PART ([12-1] motion by Google, Inc. to Dismiss, [11-1] motion by Overture Services to Dismiss First Amended Complaint); Claims 7 (tortious interference w/prospective business advantage) and 8 (statutory business conspiracy) be and are DISMISSED; As to Claim 1 through 6, defts' Motions to Dismiss are DENIED ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 8/26/04] (pmil) (Entered: August 26, 2004)
September 2, 2004 53 TRANSCRIPT for dates of 08/06/04 - LMB - FILED (pmil) (Entered: September 7, 2004)
September 3, 2004 46 MOTION by Government Employees to Compel production of documents from deft. Overture Services, Inc. (clar) (Entered: September 7, 2004)
September 3, 2004 47 MEMORANDUM by Government Employees in support of [46-1] motion by Government Employees to Compel production of documents from deft. Overture Services, Inc. (clar) (Entered: September 7, 2004)
September 3, 2004 48 Certification of good faith attempt under Federal Rule of Civil Procedure 37(a)(2)(B) filed by plaintiff Government Employees in Re: [46-1] motion by Government Employees to Compel production of documents from deft. Overture Services, Inc. (clar) (Entered: September 7, 2004)
September 3, 2004 49 NOTICE of Hearing: Motion Hearing Deadline before Mag Judge Theresa C. Buchanan set for 10:00 9/10/04 for [46-1] motion by Government Employees to Compel production of documents from deft. Overture Services, Inc. (clar) (Entered: September 7, 2004)
September 3, 2004 50 MOTION by Overture Services to Compel pltf. to produce responsive documents (clar) (Entered: September 7, 2004)
September 3, 2004 51 MEMORANDUM by Overture Services in support of [50-1] motion by Overture Services to Compel pltf. to produce responsive documents by Overture Services (clar) (Entered: September 7, 2004)
September 3, 2004 52 NOTICE of Hearing: Motion Hearing Deadline before Mag Judge Theresa C. Buchanan set for 10:00 9/10/04 for [50-1] motion by Overture Services to Compel pltf. to produce responsive documents (clar) (Entered: September 7, 2004)
September 3, 2004 54 ORDER the parties have submitted by facsimile a cover letter and Consent Order, which Continues several discovery deadlines and the final pretrial conference date by 30 days. No specific reasons have been provided to justify such a continuance, therefore, the request for a Consent Order is DENIED; The Court will consider a revised discovery order provided the final pretrial conference remains unchanged, the date for arguing dispositive motions does not extend beyond 11/05/04, and the parties recognize that the trial of this civil action will be set within eight weeks of the final pretrial ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 9/7/04] (pmil) (Entered: September 7, 2004)
September 8, 2004 55 RESPONSE by Government Employees in opposition to [50-1] motion by Overture Services to Compel pltf. to produce responsive documents (clar) (Entered: September 9, 2004)
September 8, 2004 56 RESPONSE by Overture Services in opposition to [46-1] motion by Government Employees to Compel production of documents from deft. Overture Services, Inc. (clar) (Entered: September 9, 2004)
September 9, 2004 57 REPLY MEMORANDUM in support by Overture Services of [50-1] motion by Overture Services to Compel pltf. to produce responsive documents (clar) (Entered: September 9, 2004)
September 9, 2004 58 REPLY IN SUPPORT by Government Employees of [46-1] motion by Government Employees to Compel production of documents from deft. Overture Services, Inc. (pmil) (Entered: September 10, 2004)
September 9, 2004 59 NOTICE OF FILING OF Declaration of Margaret J. Tooch in Support of Overture Services [56-1] opposition to GEICO's Motion to Compel Further Production of Documents (tabbed as Exhibit D) (pmil) (Entered: September 10, 2004)
September 9, 2004 61 ANSWER by Google, Inc. (Attorney Melanie Diana Coates) to First amended complaint (pmil) (Entered: September 10, 2004)
September 9, 2004 62 ANSWER to First Amended Complaint and COUNTERCLAIM by Overture Services (Attorney George Everitt Kostel) against Government Employees (pmil) (Entered: September 10, 2004)
September 10, 2004   Minute entry: Magistrate Judge Buchanan. Appearances: Counsel for Pltf. & Deft. Reporter: Rudiger & Greene. This matter came on by Government Employees to Compel production of documents from deft. Overture Services - matter argued and Granted. Motion by Overture Service to Compel Pltf. to produce responsive documents - matter argued and Denied. Order to be entered. (avax) (Entered: September 10, 2004)
September 10, 2004 60 ORDERED that plaintiff GOVERNMENT EMPLOYEES INSURANCE COMPANYS Motion to Compel Production of Documents From Defendant Overture Services, Inc. is GRANTED. It is further ORDERED that defendant OVERTURE SERVICES, INC.'s Motion to Compel Plaintiff to Produce Responsive Documents is DENIED. (signed by Mag Judge Theresa C. Buchanan ) Copies Mailed: y [EOD Date: 9/10/04] (avax) (Entered: September 10, 2004)
September 13, 2004 63 ORDER for Anjali Suresh Sakaria to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 100 175005 ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 9/14/04] (pmil) (Entered: September 14, 2004)
September 13, 2004 64 ORDER for Joshua Hawkes Lerner to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 100 175005 ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 9/14/04] (pmil) (Entered: September 14, 2004)
September 15, 2004 65 AMENDED ANSWER by Google, Inc. to First amended complaint (pmil) (Entered: September 17, 2004)
September 21, 2004 66 AMENDED JOINT DISCOVERY PLAN AND CONSENT ORDER Extending the Period of Time for serving initial expert disclosures by parties bearing the burden of proof on an issue to 09/20/04 or before; Expert disclosures by parties that do not bear the burden of proof on an issue shall be served by 10/20/04; Rebuttal expert disclosures shall be made by 10/25/04 ; The deadline for completing discovery shall be extended to 11/05/04, and all discovery requests shall be served in sufficient time such that responses will be due on or before 11/05/04 ; Summary Judgment Motions, if any, shall be filed and served by no later than Monday, 10/25/04, w/oppositions to be filed and served by no later than 11/10/04 and replies to be filed and served by no later than 11/17/04. The hearing on any motions for Summary Judgment filed on 10/25/04, shall be noticed for a hearing on Friday, 11/19/04. The final pretrial conference in this case shall remain as originally scheduled on Thursday, 10/21/04 at 10:00 a.m. (see Order for details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (pmil) (Entered: September 23, 2004)
September 21, 2004   Deadline updated; reset Discovery deadline to 11/5/04 (per Order of LMB 09/21/04) (pmil) (Entered: September 23, 2004)
September 22, 2004 67 ORDER for Michael Jarrett Allan to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 100 175241 ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 9/23/04] (pmil) (Entered: September 23, 2004)
September 30, 2004 68 ORDER, for Jennifer Jean-Marie Baumann to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 100 175426 ( signed by Judge Leonie M. Brinkema ) Copies Mailed: y [EOD Date: 10/1/04] (pmet) (Entered: October 1, 2004)
October 1, 2004 69 JOINT MOTION by Overture Services, Google, Inc., Government Employees for Entry of a Stipulated Protective Order (Proposed Protective Order attached as Exhibit A) (pmil) (Entered: 10/04/2004)
October 1, 2004 70 NOTICE of Hearing: Motion Hearing Deadline before Mag Judge Theresa C. Buchanan set for 10:00 10/8/04 for [69-1] joint motion by Overture Services, Google, Inc., Government Employees for Entry of a Stipulated Protective Order (TOLD TO RE-NOTICE) (pmil) (Entered: October 4, 2004)
October 4, 2004 72 MOTION by Government Employees to Dismiss Deft Overture's Counterclaim Pursuant to FRCP 12(b)(6) (pmil) (Entered: October 7, 2004)
October 4, 2004 73 MEMORANDUM by Government Employees in support of [72-1] motion by Government Employees to Dismiss Deft Overture's Counterclaim Pursuant to FRCP 12(b)(6) (pmil) (Entered: October 7, 2004)
October 4, 2004 74 NOTICE of Hearing: Motion Hearing Deadline before Judge Leonie M. Brinkema set for 10:00 10/22/04 for [72-1] by Government Employees to Dismiss Deft Overture's Counterclaim Pursuant to FRCP 12(b)(6) (pmil) (Entered: October 7, 2004)
October 5, 2004 71 Amended NOTICE of Hearing: Motion Hearing Deadline before Mag Judge Theresa C. Buchanan set for 10:00 10/15/04 for [69-1] joint motion by Overture Services, Google, Inc., Government Employees for Entry of a Stipulated Protective Order (clar) (Entered: October 5, 2004)
October 15, 2004 75 Consent Order granting [69-1] joint motion by Overture Services, Google, Inc., Government Employees for Entry of a Stipulated Protective Order Stipulated Protective Order RE: Handeling and labeling of confidental materials (see order for details) ( signed by Mag Judge Theresa C. Buchanan ) Copies Mailed: y (avax) (Entered: October 15, 2004)
October 15, 2004   Minute entry: Magistrate Judge Buchanan. Appearances: Counsel for Deft. Reporter: FTR System. This matter came on by Overture Services, Google, Inc. Government Employees for Entry of a Stipulated Protective Order - matter uncontested and Order to be entered. (avax) (Entered: October 15, 2004)
October 15, 2004 76 RESPONSE by Overture Services in opposition to [72-1] motion by Government Employees to Dismiss Deft Overture's Counterclaim Pursuant to FRCP 12(b)(6) (clar) (Entered: October 18, 2004)
October 20, 2004 77 REPLY MEMORANDUM in support by Government Employees of [72-1] motion by Government Employees to Dismiss Deft Overture's Counterclaim Pursuant to FRCP 12(b)(6) (clar) (Entered: October 21, 2004)
October 21, 2004 78 Exhibit list by Google, Inc. (jcup) (Entered: October 22, 2004)
October 21, 2004 79 Witness list by Google, Inc. (jcup) (Entered: October 22, 2004)
October 21, 2004   Pre-Trial Conference held before Judge Brinkema; Reporter: Thomson; Appearances by counsel for parties. Matter set for trial by the Court on 12/13/2004 at 10:00 a.m. before Judge Brinkema. (rtra) (Entered: October 25, 2004)
October 21, 2004   Bench trial set at 10:00 12/13/04 before Judge Leonie M. Brinkema (rtra) (Entered: October 25, 2004)
October 21, 2004 81 Exhibit list by Government Employees (rtra) (Entered: October 25, 2004)
October 21, 2004 82 Witness list by Government Employees (rtra) (Entered: October 25, 2004)
October 21, 2004 83 Exhibit list by Overture Services (rtra) (Entered: October 25, 2004)
October 21, 2004 84 Witness list by Overture Services (rtra) (Entered: October 25, 2004)
October 21, 2004 80 Rule 26 Disclosure by Google, Inc. (jcup) (Entered: October 25, 2004)
October 22, 2004   Motion hearing held before Judge Brinkema; Reporter: Thomson; Appearances by counsel for parties re: [72-1] motion by Government Employees to Dismiss Deft Overture's Counterclaim Pursuant to FRCP 12(b)(6)-Motion argued and Denied; Counter-claim stayed. Order to follow. (rtra) (Entered: October 25, 2004)
October 22, 2004 85 For the reasons stated in open court, ORDER denying [72-1] motion by Government Employees to Dismiss Deft Overture's Counterclaim Pursuant to FRCP 12(b)(6). ORDERED that the defendant's Counterclaim be and is Stayed until the related issues are resolved. [See Order for Details] ( signed by Judge Leonie M. Brinkema ) Copies Mailed: 10/22/04 [EOD Date: 10/25/04] (rtra) (Entered: October 25, 2004)
October 25, 2004 86 MOTION by Google, Inc. for Summary Judgment (pmil) (Entered: October 27, 2004)
October 25, 2004 87 MEMORANDUM OF LAW by Google, Inc. in support of [86-1] motion by Google, Inc. for Summary Judgment (pmil) (Entered: October 27, 2004)
October 25, 2004 88 NOTICE of Hearing: Motion Hearing Deadline before Judge Leonie M. Brinkema set for 10:00 11/19/04 for [86-1] by Google, Inc. for Summary Judgment (pmil) (Entered: October 27, 2004)
October 25, 2004 89 DECLARATION OF MELANIE D. COATES counsel for Google, Inc. RE: [86-1] motion by Google, Inc. for Summary Judgment (LARGE PLEADING - BINDED) (pmil) (Entered: October 27, 2004)
October 25, 2004 90 DECLARATION OF ALANA KAREN, Policy Manager, Online Sales and Operation at Google, Inc. RE: [86-1] motion by Google, Inc. for Summary Judgment (LARGE PLEADING - BINDED) (pmil) (Entered: 10/27/2004)
October 25, 2004 91 Declaration of Michael H. Page, counsel for Google, Inc. n support of [86-1] motion by Google, Inc. for Summary Judgment (FILED UNDER SEAL - BINDED) (pmil) Modified on 10/29/2004 [RETURNED to counsel for deft per 10/27/04 Order] Modified on 10/4/2005 to edit text (karn, ). (Entered: October 27, 2004)
October 25, 2004 91 EXPERT REPORT of James E. Malackowski in support of [86-1] motion by Google, Inc. for Summary Judgment (FILED UNDER SEAL - BINDED) (pmil) Modified on 10/29/2004 [RETURNED to counsel for deft per 10/27/04 Order] Modified on 10/4/2005 (karn, ). (Entered: October 27, 2004)
October 25, 2004 91 Spreadsheet of Calculations and Summary of Traffic Between Websites in support of [86-1] motion by Google, Inc. for Summary Judgment (FILED UNDER SEAL - BINDED) (pmil) Modified on 10/29/2004 [RETURNED to counsel for deft per 10/27/04 Order] Modified on 10/4/2005 to edit text (karn, ). (Entered: October 27, 2004)
October 25, 2004 92 CONSENT MOTION AND MEMORANDUM by Google, Inc. for Leave to File Under Seal, pursuant to local rule, Certain Exhibits ([91-1], [91-1], [91-1]) to Deft Google Inc.'s Motion for Summary Judgment (pmil) (Entered: October 27, 2004)
October 25, 2004 93 NOTICE of Sealing Motion Pursuant to Local Rule 5 by Google, Inc. (pmil) (Entered: October 27, 2004)
October 26, 2004 94 TRANSCRIPT for dates of 10/22/04 - FILED - LMB (pmil) (Entered: October 28, 2004)
October 27, 2004 95 SEALING ORDER granting [92-1] motion by Google, Inc. for Leave to File Under Seal, pursuant to local rule, Certain Exhibits ([91-1], [91-1], [91-1]) to Deft Google Inc.'s Motion for Summary Judgment and shall be kept under seal until a final order has been entered in this case and all appeals have been resolved or the time for bringing an appeal has expired. Thereafter the Clerk's office shall return the documents filed under seal to Deft Google, Inc. for disposition in accordance w/the parties' agreed protective Order (see Order for details) ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 10/29/04] (pmil) Modified on 10/29/2004 (Entered: October 29, 2004)
November 10, 2004 96 OPPOSITION (REDACTED) by Government Employees to [86-1] motion by Google, Inc. for Summary Judgment (pmil) (Entered: November 15, 2004)
November 10, 2004 97 CONSENT MOTION with Memorandum in Support by Government Employees for Leave to File Under Seal Complete Memorandum in Opposition to Deft Google, Inc.'s Motion for Summary Judgment and Certain Exhibits in Support (pmil) (Entered: November 15, 2004)
November 10, 2004 98 NOTICE OF SEALING MOTION AND NOTICE OF HEARING : Motion Hearing Deadline before Judge Leonie M. Brinkema set for 10:00 11/19/04 for [97-1] by Government Employees for Leave to File Under Seal Complete Memorandum in Opposition to Deft Google, Inc.'s Motion for Summary Judgment and Certain Exhibits in Support Thereof (pmil) (Entered: November 15, 2004)
November 10, 2004 99 Declaration of Catherine R. Rowland counsel for Government Employees RE: [96-1] Opposition by Government Employees to Google's Motion for Summary Judgment (LARGE PLEADING - BINDED) (pmil) (Entered: November 15, 2004)
November 10, 2004 100 OPPOSITION (UNREDACTED) by Government Employees to [86-1] motion by Google, Inc. for Summary Judgment (FILED UNDER SEAL - PENDING CONSENT MOTION FOR LEAVE TO FILE UNDER SEAL NTC'D FOR 11/19/04) (pmil) (Entered: November 15, 2004)
November 10, 2004 101 EXHIBITS 21-38 filed by plaintiff Government Employees to [99-1] Declaration of Catherine Rowland by Government Employees (FILED UNDER SEAL - PENDING MOTION FOR LEAVE TO FILE UNDER SEAL NTC'D FOR 11/19/04) (pmil) (Entered: November 15, 2004)
November 15, 2004 102 MOTION by Overture Services, Google, Inc., Government Employees for Entry of Second Amended Joint Discovery Plan (pmil) (Entered: November 17, 2004)
November 17, 2004 103 REPLY MEMORANDUM in support by Google, Inc. of [86-1] motion by Google, Inc. for Summary Judgment (clar) (Entered: November 17, 2004)
November 17, 2004 104 Consent Order/SECOND AMENDED JOINT DISCOVERY PLAN granting [102-1] joint motion by Overture Services, Google, Inc., Government Employees for Entry of Second Amended Joint Discovery Plan - see Order/Amended Plan for details/amended various pretrial deadlines ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (pmil) (Entered: November 19, 2004)
November 19, 2004   Minute entry: Judge Brinkema; Reporter: Thomson; Appearances by counsel for parties. Matter came on for Pltf's Motion to file under seal-Granted; Deft's Motion for Summary Judgment-Denied. Order to follow. (rtra) (Entered: November 19, 2004)
November 19, 2004 105 For the reasons stated in open court, ORDER granting [97-1] motion by Government Employees for Leave to File Under Seal Complete Memorandum in Opposition to Deft Google, Inc.'s Motion for Summary Judgment and Certain Exhibits in Support, denying [86-1] motion by Google, Inc. for Summary Judgment ( signed by Judge Leonie M. Brinkema ) Copies Mailed: 11/19/04 [EOD Date: 11/20/04] (rtra) (Entered: November 20, 2004)
November 19, 2004 106 Amended Witness list by Government Employees (stas) (Entered: November 23, 2004)
November 19, 2004 107 Amended Exhibit list by Government Employees (stas) (Entered: November 23, 2004)
November 19, 2004 108 Witness list by Overture Services (stas) (Entered: November 23, 2004)
November 19, 2004 109 Trial Exhibit list by Overture Services (stas) (Entered: November 23, 2004)
November 19, 2004 110 Witness list by Google, Inc. (stas) (Entered: November 23, 2004)
November 19, 2004 111 Exhibit list by Google, Inc. (stas) (Entered: November 23, 2004)
November 29, 2004 112 STIPULATED ORDER DISMISSING WITH PREJUDICE AS SETTLED all claims asserted by GEICO against Overture and all claims asserted by Overture against GEICO and each party shall bear its own costs and expenses; This action is continued as to the claims asserted against deft Google, Inc. ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 12/1/04] (pmil) (Entered: 12/01/2004)
November 29, 2004 113 Affirmative Deposition Designations by plaintiff Government Employees (stas) (Entered: December 1, 2004)
November 29, 2004 114 OBJECTIONS by Government Employees to [110-1] witness list by Google, Inc. (stas) (Entered: December 1, 2004)
November 29, 2004 115 OBJECTIONS by Government Employees to [110-1] witness list by Google, Inc. (stas) (Entered: December 1, 2004)
November 29, 2004 116 Rule 26(a)(3) Disclosure by Google, Inc. (stas) (Entered: December 1, 2004)
November 29, 2004 117 OBJECTIONS by Google, Inc. to [107-1] exhibits list by Government Employees, and [106-1] witness list by Government Employees (stas) (Entered: December 1, 2004)
December 7, 2004 118 Deposition Counter-Designations filed by plaintiff Government Employees (pmil) (Entered: December 8, 2004)
December 8, 2004 119 JOINT STATEMENT OF UNDISPUTED FACTS by plaintiff Government Employees, defendant Google, Inc. (pmil) (Entered: December 9, 2004)
December 8, 2004 120 ORDER for Roberta Lazarus Horton to appear pro hac vice Filing Fee Paid $ 50.00 Receipt # 100 176988 ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes [EOD Date: 12/9/04] (pmil) (Entered: December 9, 2004)
December 10, 2004 121 OBJECTIONS by Government Employees to Deft Google, Inc.'s Demonstratives (karn) (Entered: December 10, 2004)
December 10, 2004 122 Revised Exhibit list by Government Employees (karn) (Entered: December 10, 2004)
December 10, 2004 123 OBJECTIONS by Government Employees to Defts' Designations (karn) (Entered: December 10, 2004)
December 10, 2004   Exhibits (Orig & 2 copies) received (filed UNDER SEAL - 12 envelopes, Exh. 17, 53, 56, 55vv) by Government Employees (karn) (Entered: December 10, 2004)
December 10, 2004   Exhibits received by Government Employees (26 boxes) (karn) (Entered: December 10, 2004)
December 10, 2004 124 CONSENT MOTION and Memorandum in Support by Government Employees to Seal pursuant to local rule [0-0] exhibits received #17, 53, 55vv, and 56 by Government Employees (karn) (Entered: 12/10/2004)
December 10, 2004 125 NOTICE of Hearing: Motion Hearing Deadline before Judge Leonie M. Brinkema set for 10:00 12/17/04 for [124-1] motion to Seal pursuant to local rule [0-0] exhibits received #17, 53, 55vv, and 56 by Government Employees (karn) (Entered: December 10, 2004)
December 10, 2004 134 Consent Order that the parties shall file and serve their proposed findings of fact and conclusions of law and a further joint stipulation of facts that are not in dispute on or before 01/31/05 ( signed by Judge Leonie M. Brinkema ) Copies Mailed: yes (pmil) (Entered: December 13, 2004)
December 13, 2004 126 Summary of Deposition for Prashant Fuloria filed by plaintiff Government Employees (rtra) (Entered: December 13, 2004)
December 13, 2004 127 Summary of Deposition Designations for Rose Hagan filed by plaintiff Government Employees (rtra) (Entered: December 13, 2004)
December 13, 2004 128 Summary of Deposition Designations for Alana Karen filed by plaintiff Government Employees (rtra) (Entered: December 13, 2004)
December 13, 2004 129 Summary of Deposition Designations for Salar Kamangar filed by plaintiff Government Employees (rtra) (Entered: December 13, 2004)
December 13, 2004 130 Summary of Deposition Designations for Grace Stokes filed by plaintiff Government Employees (rtra) (Entered: December 13, 2004)
December 13, 2004 131 Summary of Deposition Designations for Michael Mayzel filed by plaintiff Government Employees (rtra) (Entered: December 13, 2004)
December 13, 2004 132 Summary of Deposition Designations for Eric Filler filed by plaintiff Government Employees (rtra) (Entered: December 13, 2004)
December 13, 2004 133 Counter Designation Excerpts filed by plaintiff Government Employees (rtra) (Entered: December 13, 2004)
December 13, 2004 135 CONSENT MOTION with Memorandum in Support by Government Employees to Place Under Seal pursuant to local rule Defendant Google, Inc.'s Trial Exhibit Nos. 1127 and 1228 (rtra) (Entered: 12/13/2004)
December 13, 2004 136 NOTICE of Sealing Motion by Government Employees (rtra) (Entered: December 13, 2004)
December 13, 2004 137 Stipulations filed by Government Employees, Google, Inc. Concerning Search Result Evidence (rtra) (Entered: December 13, 2004)
December 13, 2004 138 CONSENT MOTION by Google, Inc. for Leave to File Certain Documents Under Seal pursuant to local rule (portions of the deposition transcript of Eric Filler; Deft Google's trial exhibits labeled Ex 1001, 1003, 1008, 1010, 1012 and 1476; and Pltf GEICO's trial exhibits labeled Px 90, 92, and 95) (pmil) (Entered: December 13, 2004)
December 13, 2004 139 NOTICE of SEALING MOTION PURSUANT TO LOCAL RULE 5 by Google, Inc. (pmil) (Entered: December 13, 2004)
December 13, 2004   Trial Exhibits labeled Ex 1001, 1003, 1008, 1010, 1012 and 1476 received by Google, Inc. (FILED UNDER SEAL PENDING CONSENT MOTION FOR LEAVE TO FILE CERTAIN DOCUMENTS UNDER SEAL filed 12/13/04 ) (pmil) (Entered: December 13, 2004)
December 13, 2004   Exhibits received by Google, Inc.-Certain Portions of the Deposition Transcript of Eric Filler (FILED UNDER SEAL PENDING CONSENT MOTION AND MEMORANDUM FOR LEAVE TO FILE CERTAIN DOCUMENTS UNDER SEAL filed 12/13/04) (pmil) (Entered: December 13, 2004)
December 13, 2004 140 ORDER granting [135-1] motion to Place Under Seal pursuant to local rule Defendant Google, Inc.'s Trial Exhibit Nos. 1127 and 1228 ( signed by Judge Leonie M. Brinkema ) Copies Mailed: 12/13/04 [EOD Date: 12/13/04] (rtra) (Entered: December 13, 2004)
December 13, 2004   Bench trial began before Judge Brinkema; Reporters: Thomson, Linnell; Appearances by Counsel for parties. Openning statements heard. Plaintiff began to adduce evidence. Court adjourned to reconvene 12/14/2004 at 9:30 a.m. (rtra) (Entered: December 13, 2004)
December 13, 2004   Bench trial set at 9:30 12/14/04 before Judge Leonie M. Brinkema (rtra) (Entered: December 13, 2004)
December 13, 2004 141 SUPPLEMENTAL Rule 26(a)(3) Disclosure and Deposition Summaries Per Local Rule 30(G) filed by defendant Google, Inc. [Vol. I-Tabs A-F] (rtra) (Entered: December 14, 2004)
December 13, 2004 142 SUPPLEMENTAL Rule 26(a)(3) Disclosure and Deposition Summaries per Local Rule 30(G) filed by defendant Google, Inc. [Vol. II-Tabs G-K] (rtra) (Entered: December 14, 2004)
December 13, 2004 143 SUPPLEMENTAL Rule 26 Disclosure and Deposition Summaries per Local Rule 30(G) by Google, Inc. (rtra) (Entered: December 14, 2004)
December 13, 2004   Motions No Longer Referred: [124] Motion to Seal, [138] Motion to Seal (ltun, ) (Entered: May 9, 2005)
December 14, 2004 144 TRANSCRIPT for dates of December 13, 2004; Bench Trial before Judge Brinkema [Vol. 1] (rtra) (Entered: December 14, 2004)
December 14, 2004 145 TRANSCRIPT for dates of December 13, 2004; Bench Trial before Judge Brinkema [Vol. 1-A, Afternoon Session] (rtra) (Entered: December 14, 2004)
December 14, 2004   Bench trial set at 10:00 12/15/04 before Judge Leonie M. Brinkema (rtra) (Entered: December 14, 2004)
December 15, 2004   Bench trial continued before Judge Brinkema; Reporter: Thomson; Appearances by counsel for parties. Pltf. continued to adduce evidence and rests. Deft's oral Motion for Judgment as a Matter of Law-Argued and Granted in Part, Denied in Part. Memorandum Opinion to issue. Trial proceedings continued until further notice. Court adjourned. (rtra) (Entered: December 15, 2004)
December 15, 2004 146 TRANSCRIPT for dates of December 15, 2004; Bench Trial before Judge Brinkema [Vol. 2] (rtra) (Entered: December 15, 2004)
December 15, 2004 147 TRANSCRIPT for dates of November 19, 2004 before Judge Brinkema (clar) (Entered: December 17, 2004)
August 8, 2005 148 MEMORANDUM OPINION RE: Deft's Motion for Judgment pursuant to FRCP 52(c). (see Memorandum Opinion for details) Signed by Judge Leonie M. Brinkema on 08/08/05. Copies mailed: yes (pmil) Additional attachment(s) added on 8/8/2005 (pmil, ). (Entered: August 8, 2005)
August 8, 2005 149 ORDER that Deft Google's Oral Motion for Judgment as a Matter of Law under FRCP 52(c) is GRANTED IN PART AND DENIED IN PART; the parties advise the Court within thirty (30) days as to whether they have resolved this litigation or plan to proceed on the remaining issues. Signed by Judge Leonie M. Brinkema on 08/08/05. Copies mailed: yes (pmil) (Entered: August 8, 2005)
September 7, 2005 150 ORDER OF DISMISSAL with Prejudice pursuant to FRCP 41(a). Signed by Judge Leonie M. Brinkema on 09/07/05. Copies mailed: yes (pmil) (Entered: September 8, 2005)
October 4, 2005   Trial Exhibits Returned to counsel for plaintiff Government Employees Insurance Company - 17 boxes and 12 (Orig & 2 copies) envelopes of sealed exhibits, labeled trial exhibit 17, 53, 56, and 55vv (karn, ) (Entered: October 4, 2005)
October 4, 2005   Trial Exhibits Returned to counsel for defendant Google, Inc. - 16 boxes, 1 white envelope consisting of sealed exhibits, labeled trial exhibit 1001, 1003, 1008, 1010, 1012, and 1476; and #91 white envelope consisting of sealed exhibits to Deft Google Inc's Motion for Summary Judgment (#91 returned per 10/27/04 Order) (karn, ) (Entered: October 4, 2005)
Docket Report Last Checked: November 29, 2007 15:34:58 PST
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Plaintiff: Government Employees Insurance Company
Represented By: John F. Anderson, Charles Daniel Ossola
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Defendant: Google, Inc.
Represented By: Melanie Diana Coates, David P. Donovan
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Movant: Public Citizen
Represented By: Raymond Donald Battocchi
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