EXHIBIT A - Justia Law Blog 5. Attached as Exhibit D is a Protective Order entered by the district...

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Transcript of EXHIBIT A - Justia Law Blog 5. Attached as Exhibit D is a Protective Order entered by the district...

  • PETER D. KEISLER Assistant Attorney General THEODORE HIRT Assistant Branch Director JOEL McELVAIN, D.C. Bar No. 44843 1 Trial Attorney U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave., NW Washington, DC 2000 1 Telephone: (202 5 14-2988 Fax: (202 616-8202 Email:

    1 Joel.L.McElvain@usdoj .gov

    Attorneys for Alberto R. Gonzales

    IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

    (SAN JOSE DIVISION)

    ALBERT0 R. GONZALES, in his official ) capacity as ATTORNEY GENERAL OF THE ) UNITED STATES,

    1 CaseNo. -MISC Movant, ) Declaration of Joel McElvain

    V. 1 GOOGLE INC., 1

    ) Respondent. )

    1. I am a trial attorney in the Federal Programs Branch of the Civil Division of the

    United States Department of Justice. The statements in this declaration are based on my

    personal knowledge.

    2. Attached as Exhibit A is a true copy of the subpoena issued by the United

    States Department of Justice to Google Inc. (ccGoogle") seeking materials relevant to the

    Government's preparation of its defense in ACLU v. Gonzales, No. 98-CV-5591 (E.D.

    Pa.).

    3. Attached as Exhibit B is an October 10,2005, letter sent to me by Google's

    counsel, Ashok Ramani, Esquire.

    4. Attached as Exhibit C is a December 23,2005, letter that I sent to Mr. Ramani.

    Gonzales v. Google Inc. NO. -MISC

    McElvain Declaration

  • 5. Attached as Exhibit D is a Protective Order entered by the district court in the

    4CL U v. Gonzales litigation.

    In accordance with 28 U.S.C. 1746,I declare and affirm under penalty of perjury

    that the foregoing is true and correct.

    Executed at Washington, District of Columbia, this 18th day of January, 2006.

    Attorney

    Gonzales v. Google Inc. NO. - M I X

    McElvain Declaration

  • EXHIBIT A

  • U.S. Department of Justice Civil Division, Federal Programs Branch

    First-class Mail: Express Delivery: P.O. Box 883 20 Massachusetts Ave., NW Washington, DC 20530 Washington, DC 20001

    Joel McE1vai.n Trial Attorney

    Tel: (202) 514-2988 Fax: (202) 616-8470

    August 25,2005

    Via Federal Express

    Google, Inc. c/o CSC - Lawyers Incorporating Service 2730 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833

    Re: ACLU, et al. v. Gonzales, No. 98-5591 (E.D. Pa.)

    Attention: Please include this letter with your transmission of the attached subpoena duces tecum to the appropriate company official

    Dear SirIMadam:

    Enclosed please find a subpoena, pursuant to Rule 45 of the Federal Rules of Civil Procedure, for the production of documents in the above-captioned case, The subpoena seeks the production of documents identifying all queries conducted on your company's search engine, and all URL's identified through such queries, within the time period specified herein.

    We look forward to discussing with you possible methods by which your company could minimize any burden it might face in fulfilling its obligations under this subpoena, including methods by which a random sample of URL's and queries could be drawn from your company's database.

    . , We are also enclosing a copy o'f the Agreed Protective Order that has been entered in the

    above-captioned case. The Order protects the confidentiality of information of a financial, commercial or otherwise proprietary nature, including trade secrets, research and development, or other sensitive, non-public information, that is produced and supplied in anticipation of and in the presentation of the trial of this action scheduled for June 12,2006. Accordingly, the Order will provide appropriate protection of any such information that may be contained in documents

    . responsive to the subpoena duces tecum that was served on your company.

    Please be advised that, while the enclosed subpoena duces tecum seeks only the production of documents, we may find it necessary at a later date to seek the deposition of an official of your company with regard to the subject matter of this subpoena.

    We would appreciate it if you could confilm receipt of the subpoena by contacting me at the telephone number listed above or at joel.l.rncelvainO,~~sdoi. gov. Also, please feel free to

  • ! . .... .... . contact me i f f you have any questions regarding the subpoena duces tecurn or the protective order. We look forward to hearing from you regarding this matter.

    Sincerely yours,

    Enclosures

    Joel McElvain Federal Programs Branc Civil Division

  • %A088 CRev. 1\94) Subnoena in a Civil Case

    Issued by the

    UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

    American Civil Liberties Union, et al.

    SUBPOENA IN A CIVIL CASE V.

    Albert0 R. Gonzales

    TO: Google, Inc., c/o CSC - Lawyers Incorporating Service 2730 Gateway Oaks Drive, Suite 100 Sacramento, CA 98533

    YOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below testify in the above case.

    DATE AND TIME

    PLACE OF TESTIMONY COURTROOM

    ,/ YOU ARE COMMANDED to produce and permit inspectionand copying of the followingdocuments or objects at the place, date, and time specified below (list documents or objects):

    I

    YOU ARE COMMANDED to appear at the place, date, and time specifiedbelow to testify at the talcing of a deposition in the above case.

    See attachment

    PLACE OF DEPOSITION DATE AND TIME

    Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, fcr each person designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).

    PLACE

    20 Massachusetts Avenue, NW, Washington DC 20530 DATE AND TIME

    30 days from date signed

    (Scc Rule 45, Fcdcral Rules ofc iv i l Pmncdurc, P n m C & D on next page)

    AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT)

    Attorney for Defendant

    I If action is pending in district other than district of issuance, state district under case number.

    YOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.

    DATE

    Aug. 25,2005

    PREMISES

    ISSTTINGOFFICER'S NAME, ADDRESS AND PHONENUMBER Joel McElvain, 20 MassachusettsAve., NW, Washington DC 20530, (202) 514-2988

    DATE AND TIME

  • I A 0 8 8 (Rev, 1/94) W W . . .

    PROOF OF SERVICE DATE PLACE

    1 SERVED I

    I SERVED ON (PRINT NAME) MAZIER OF SERVICE

    ! I SERVED BY CPRTNT NAME1 TITLE I

    DECLARATION OF SERVER

    I . . I declare under penalty of perjury under the laws of the United States of America that the foregoing information . . contained in the Proof of Service is true and correct.

    Executed on DATE SIGNATURE OF SERVER

    ADDRESS OF SERVER

  • R u l e 4 5 , Federal Ru le s of CiviIProcedure , Pa r t s C & D:

    (c) PROTECTION OFPERSONS SUBJECT TO SUBPOENAS.

    (1) A party or an attorney responsible for die issuance and service of a subpoenashall take reasonable steps to avoid imposngundueburdenor expense on a person subject to that subpoena. The court on behalf of vAich the subpoena wasissued shallenforce this duty andimposeupon theparty or attorney in breach of this duty an appropriate sanction whichmay include, but is not limited to, lost earnings and reasonable attorney's fee.

    (2) (A) Apersoncomrnanded to produceandpermit inspection and copying of designated books, papers, documents or tangible things, or inspection of premises neednot appearinperson at theplaceofproduction orinspectionunless commanded to appear for deposition, hearing or trial,

    (B) Subject to paragraph (d) (2) cfthis rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of subpoenaor before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to inspection or copying ofany or all ofthe designatedmaterials or of the premises. If objection is made,theparty serving thesubpoena shall not be entitled toinspect and copymaterials cr inspect the premises (xceptpursuant to an order oftlie court by which the subpoena was issued. If objection has been made, the party serving tliesubpoenamay,upon notice tothe personcommanded to produce, move at any time for an order to compel the production. Such an order to comply production shall protect any person who is not a party or an officer of a party tarn significant expense resulting t o m the inspection and copying commanded.

    . (3) (A) On timely modon, the court by which a subpoena was issued shall quash or modify the subpoena if it

    (i) fails to allow reasonable time for compliance, (ii) requires a person who is not aparty or anofficer of a party to

    travel to a place more than 100 miles t om the place where that peison resides, is employed or regularly transacts business in peson, exceptthat, subject tothe provisions of clause (c) (3) (J3) (iii) of this rule, such a person may in order to attend

    trial be commanded to travel from any such place within thestate in whichthe trial is hel