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GOOGLE, INC.’S NOTICE OF MOTION AND MOTION TO DISMISS AND
MEMORANDUM IN SUPPORT OF MOTION TO DISMISS
CASE NO. C 05-02885 RS
357797.02
KEKER & VAN NEST, LLP
DARALYN J. DURIE - #169825
CLEMENT S. ROBERTS - #209203
RYAN M. KENT - #220441
710 Sansome Street
San Francisco, CA 94111-1704
Telephone: (415) 391-5400
Facsimile: (415) 397-7188
Attorneys for Defendant
GOOGLE, INC.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
STEVE MIZERA, An Individual, Individually
and on behalf of all others similarly situated,
Plaintiffs,
v.
GOOGLE, INC., a Delaware corporation, and
DOES 1 through 100, Inclusive,
Defendants.
Case No. C 05-02885 RS
E-FILING
GOOGLE, INC.’S NOTICE OF MOTION
AND MOTION TO DISMISS AND
MEMORANDUM IN SUPPORT OF
MOTION TO DISMISS
Date:
October 26, 2005
Time:
9:30 a.m.
Judge:
Hon. Richard Seeborg
Date Comp. Filed:
July 17, 2005
Case 5:05-cv-02885-RMW Document 9 Filed 09/20/2005 Page 1 of 5
Mizera v. Google
Doc. 9
Dockets.Justia.com
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1
GOOGLE, INC.’S NOTICE OF MOTION AND MOTION TO DISMISS AND
MEMORANDUM IN SUPPORT OF MOTION TO DISMISS
CASE NO. C 05-02885 RS
357797.02
NOTICE OF MOTION AND MOTION TO DISMISS
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on October 26, 2005, at 9:30 a.m. or as soon thereafter as
this matter may be heard before the Honorable Richard Seeborg of the United States District
Court for the Northern District of California, 280 South First Street, San Jose, California,
Defendant Google, Inc. (“Google”), will and hereby does move the Court to dismiss plaintiffs’
claim for unjust enrichment pursuant to Federal Rule of Civil Procedure 12(b)(6), on the ground
that plaintiff has failed to state a claim upon which relief can be granted.
This motion is supported by the following memorandum of point