NNED ON 613012008

SUPREME C URT OF THE STATE OF NEW YORK -- NEW YOWK COUNTY

hARAK OWER
PRESENT: -- J.ac
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Justice

INDEX NO. /o a 7 , 3 J b ! o g
MOTION DATE ,

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MOTION SEQ. NO. 00/
I MOTION CAI-. N O .

The following papers, n u m b e r e d 1 to w e r o read on this morion to/for

Notice of Motion/ Order t o S h o w C a u s e - Affidavits - Exhibits ...

Answerlng Affidavits - Exhibits
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Replying Affidavits

Cross-Motion: 0 Yes -&No

Upon the foregoing papers, it i s ordered t h a t this motion

This motion is resolved in accordance with the attached stipulation of the parties,
signed by the petitioner and defendant on June'l6,2008,

3ated:
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*EJUWA W O W m Js-c*
Check one: CI] FINAL DISPOSITION 0 NON-FINAL 1jf&6SlTlON
Check if appropriate: DO NOT POST III REFERENCE,
Supreme Court of thc Sta c of New Y rk
County of New York

h the Matter of Application For An Index Number: 107316/2008

Order Pursuant to CPLR 4 3102(c) For
Re-Action Disclosure Between
Date Filed: May 23,2008
Benek Oster, Andrew P. Rudenstein and STIPULATION AND [PROPOSED]
Blackheath Financial, LLC ORDER CONCERNING PETITION
FOR AN ORDER PURSUANT TO
Petitioners, CPLR 5 3 102(c)
against

Google, Inc.

WHEREAS Petitioners filed a Petition with this Court on May 23, 2008 secking an
order pursuant to C.P.L.R. 6 3 102(c): (1) requiring Google h c . (“Google”) to produce
specified documents and records, (2) requiring Google to submit to an cxamination before trial,
and (3) granting such further relief that thc Court deems just, proper and equitable;
A 1,
WHEREAS Blogger is a web-based publishing tool provided by Google that lcts rP

people publish to the web instantly using weblap, or ‘%logs”; \\,> Art

WHEREAS Blogger can be accessed via various internet addresses i~~cluding

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www-blogspot.com;
=REAS Petitioners have represented that they are contemplating a defamation
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action in this Court (the “Contemplated Action”) against the creator(s) of a blog accessible at
the following internet address: http://benekostcr-fraudstcr.blogspot.com(the “Blog”);
WHEREAS Petitioners represent that they are “uncertain of the individual(s) andor
entities that prepared, published and cixculated the [Blog]”;
WHElZEAS Google objects to the scope of the information sought by Petitioners as
overbroad and unduly burdensome;

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 WHEREAS Petitioners and couxlscl for Googlc have met and conferred regarding the
abovedescribed Petition for an ordcr pursuant to C.P.L.R. $ 3 102(c) (the “Petition’) and
Petitioners’ request for information from Google regarding the individuals whom Petitioners
allege have caused them h m ;
WHEREAS Petitioners and Google have reached an agrecmcnt to satisfy Pctitioners’
request for information fiom Google while addressing Google’s objections to the requested
discovery;

Therefore, the undersigned hereby stipulate to the following and request that the Court
approve the Stipulation:
1. Google shall collect all registration information including, without limitation,
any electronic mail address(cs) (the “Registration Information”) that it may have fiom the

creator(s) of the Blog. Google shall also collect any recent “E’
address” login information for

the Blog (the “IP Address Information” and together with the Registration Information, thc
“Pre-Action Discovery Tn formation”).
2. By June 13,2008, in accordance with its standard notification policy, and using
the electronic mail address supplied in the Registration Information, Googlc shall attcmpt to
inform the creator(s) of the Blog that the Pre-Action Discovcry Information has been sought
pursuant to the Petition, and that Google will produce the Pre-Action Discovery Information to
Petitioners unless the Blog’s creator(s) appcar(s) and contest(s) the production by July 3,2008.
3. Google will produce the Pre-Action Discovery Information to Petitioners unless
the creatorls) appear(s) in this Action to contest the production on or before July 3,2008. In
the event that a creator does appear on or before July 3,2008, Google will not produce any
Pre-Action Discovery Information pending a further order of the Court. If the creator(s)
appear(s) in this Action to contest the production, Google shall take rasonable steps to
preserve the Pre-Action Discovery Information until further order of the Court.

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 4. Google will provide Petitioners with an afidavit or sworn declaration attesting
t o the authenticity of any Pre-Action Discovery Information that it produces pursuant to this

Stipulation and [Proposed] Order.

5. Any Pre-Action Discovery Information produced pursuant to this Stipulation

and [Proposed] Order shall be used by Petitioners solely in connection with the Contemplated

Action and not for any other purpose or function, nnd Petitioners shall not disclose such Pre-
Action Discovery Information to anyone except in connection with the Contemplated Action.
6. The appearance before this Court scheduled for June 26,2008 is hereby
adjourned, and the parties are directed not to appear on that date.

Dated: b,//lp/Ok ,2008 WILSON SONSINI GOODRICH & ROSATI

Professional Corporation

By:
Tonin Ouellette Klausner

Attorneys for Google Inc.

Dated: 1 108 ,2008 CULLEN and DYECMAN LLP

By:
Michael P. Gallaghcr

Attorneys for Petitioners Benek Ostcr,

Andrew P.Rudenstein and Blackheath
Financial, LLC
 ORDER
Good cause appearing,
The foregoing Stipulation is SO ORDERED.

Dated: ,2008
Honorable Eileen A. Rakower