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1 Google also initially moved to compel Digital to provide further responses to two of Google's requests for
admissions, as well as to a related interrogatory. However, in light of Digital's supplemental responses, Google has withdrawn
that portion of its motion. See Google's Reply Brief at p. 5, lines 8-9.
*E-FILED 6/23/05*
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 GRANTING
GOOGLE'S MOTION
TO COMPEL
I. INTRODUCTION
Defendant Google, Inc. ("Google") moves to preclude plaintiff Digital Envoy, Inc. ("Digital") from
offering evidence in support of certain contentions it has advanced in this litigation due to its alleged failure
to explain the basis for those contentions in response to Google's interrogatories.1 In the alternative,
Google requests that Digital provide adequate supplemental responses. The motion was fully briefed and
heard by the Court on June 22, 2005. Based on all papers filed to date, as well as on the argument of
counsel, the Court grants the request to compel further responses and denies the request to preclude
evidence, for the reasons set forth below.
Case 5:04-cv-01497-RS Document 206 Filed 06/23/2005 Page 1 of 5
Digital Envoy Inc., v. Google Inc.,
Doc. 206
Dockets.Justia.com
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2
II. BACKGROUND
This action stems from a dispute between the parties regarding the scope of a license which Google
obtained from Digital regarding the use of geo-targeting technology. As the Court has issued several orders
in this action, further factual background need not be restated for purposes of this