Max Sound Corp. v. Google LLC

Max Sound Corp. v. Google LLC

Opinion

ORDER DENYING MOTION TO STAY ENFORCEMENT OF JUDGMENT AND GRANTING MOTION TO AMEND JUDGMENT

Re: Dkt. Nos. 228, 229

I. INTRODUCTION

Before the Court is Defendant and Judgment Creditor Google LLC's Motion to Amend Judgment to Add Harold John Blaisure and Greg Halpern ("Motion to Amend"), and Plaintiff and Judgment Debtor Max Sound Corporation's Motion to Stay Enforcement of Judgment ("Motion to Stay"). Both Motions concern the Court's order that Max Sound pay $820,321.41 in attorneys' fees to Google. Dkt. 192. Having considered the papers submitted by the parties and heard argument on the motions, the Court denies the Motion [*3]  to Stay and grants the Motion to Amend.

II. BACKGROUND

The Court's Order Granting Defendants' Motion to Dismiss (Dkt. 138) describes the factual background of this litigation. The relevant procedural history is as follows:

After dismissing the case for lack of subject matter jurisdiction on November 24, 2015 (id.), the Court granted in part and denied in part Google's Motion for Attorneys' Fees on September 25, 2017. Dkt. 192. The Court ordered Max Sound to pay $820,321.41 in attorneys' fees after finding that Max Sound had "relied on nothing more than its own aspirations from weak circumstantial indicators—rather than clear language from the controlling legal documents—to argue that it had standing" and "litigated this case in an exceptionally unreasonable manner." Id. at 14-15, 24. Max Sound appealed the Court's Attorneys' Fees Order to the Federal Circuit on October 3, 2017. Dkt. 194. Oral argument before the Federal Circuit is set for March 7, 2019. Dkt. 234-1 at 1. On April 6, 2018, the Court granted in part and denied in part Google's Motion for Order Permitting Registration of Judgment, permitting Google to register the attorneys' fees order in the U.S. District Court for the Southern District [*4]  of California. Dkt. 220.

On December 13, Google filed the Motion to Amend to add Max Sound's only officers, Mr. Blaisure and Mr. Halpern, as judgment debtors. Dkt. 228. Google argues that they are the alter egos of Max Sound, and that they control this litigation. Id. Max Sound did not file any response to the Motion to Amend. Instead, on December 26, 2018, Max Sound filed its Motion to Stay.

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