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*E-FILED 12/5/05*
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
DIGITAL ENVOY, INC.,
Plaintiff,
v.
GOOGLE, INC.,
Defendant.
/
NO. 5:04-cv-1497 RS
ORDER DENYING
DIGITAL'S REQUEST FOR
LEAVE TO FILE A MOTION
FOR RECONSIDERATION
Plaintiff Digital Envoy, Inc. ("Digital") requests leave to file a motion for reconsideration of the
Court's order granting in part and denying in part the motion for summary judgment filed by defendant
Google, Inc. ("Google"), issued on November 8, 2005. Specifically, Digital asks the Court to reconsider
its finding that the evidence fails to establish that Google engaged in willful misconduct. Based on all papers
filed to date, as well as on the papers and arguments submitted in conjunction with the summary judgment
motion, the Court denies Digital's request for leave to file a motion for reconsideration on the basis that
Digital has failed to fulfill the requirements set forth in Civil L.R. 7-9.
Civil L.R. 7-9(b) states in relevant part that the party moving for reconsideration must specifically
show:
Case 5:04-cv-01497-RS Document 387 Filed 12/05/2005 Page 1 of 4
Digital Envoy Inc., v. Google Inc.,
Doc. 387
Dockets.Justia.com
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(1) That at the time of the motion for leave, a material difference in fact or law exists from that
which was presented to the Court before entry of the interlocutory order for which reconsideration
is sought; or,
(2) The emergence of new material facts or a change of law occurring after the time of such order;
or,
(3) A manifest failure by the Court to consider material facts or dispositive legal arguments
which were presented to the Court before s