OPPOSITION TO DEFENDANT’S MOTION TO
Case No. C 06-2057 JF
DISMISS/STRIKE SECOND AMENDED COMPLAINT
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
KINDERSTART.COM LLC, a California
limited liability company, on behalf of itself and
all others similarly situated,
Plaintiffs,
v.
GOOGLE, INC., a Delaware corporation,
Defendant.
Case No. C 06-2057 JF
OPPOSITION TO DEFENDANT’S
MOTION TO DISMISS/STRIKE
SECOND AMENDED COMPLAINT
Judge: Hon. Jeremy Fogel
Date: October 27, 2006
Time: 9:00 a.m.
Courtoom: 5th Floor, Room 3
INTRODUCTION
Defendant Google Inc. (“Google”) brings a trio of simultaneous motions to obfuscate the
real procedural dispute between the parties before the court at this time. The Seconded
Amended Class Action Complaint (“SAC”) was filed by Plaintiffs pursuant to Federal Rules of
Civil Procedure (“Fed.R.Civ.P.”) 15(a).1 The task is to assess whether the SAC properly and
fully states facts to support the six discrete causes of action. Google’s intent and actions seem
to simplify this class action to a single dispute of the website of KinderStart.com LLC
(“KinderStart”) against the world’s dominant search engine. As a putative class action by three
1 The Court’s July 13, 2006 order (“July 13 Order”) dismissed the First Amended Complaint
(“FAC”) “with leave to amend.” July 13 Order at 13.
Gregory J. Yu (State Bar No. 133955)
GLOBAL LAW GROUP
2015 Pioneer Court, Suite P-1
San Mateo, CA 94403
Telephone: (650) 570-4140
Facsimile: (650) 570-4142
E-mail: glgroup [at] inreach [dot] com
Attorney for Plaintiffs and Proposed Class and Subclasses
Case 5:06-cv-02057-JF Document 58 Filed 10/14/2006 Page 1 of 8
Kinderstart.Com, LLC v. Google, Inc.
Doc. 58
Dockets.Justia.com
OPPOSITION TO DEFENDANT’S MO