Lawsuits Fly Over Google Founders' Big Private Plane

By KEVIN J. DELANEY
Wall Street Journal

July 7, 2006; Page B1

http://online.wsj.com/article/SB115222788536400097.html?mod=hps_us_inside_today


Even billionaires have disputes with their contractors.

Sergey Brin and Larry Page, the low-key co-founders of Google Inc., set 
tongues wagging last year when they bought1 a used Boeing 767 widebody as 
an unusually large private jet. The 767-200 typically carries 180 
passengers and is three times as heavy as a conventional executive plane. 
Mr. Page said last year that he and Mr. Brin would use it for personal 
travel, including taking "large numbers of people to places such as 
Africa." He said it would hold about 50 passengers when refurbished, but 
declined to comment on other details of the plane, which has been kept 
ultra secret.

Now the Delaware holding company that technically owns the 767, Blue City 
Holdings LLC, is embroiled in multiple lawsuits with an aviation designer 
hired to plan and oversee the massive plane's interior renovation.

Blue City in early 2005 hired Leslie Jennings, a high-end aviation designer 
whose work includes planes for Microsoft Corp. co-founder Paul Allen and 
assorted royalty and heads of state, to transform the plane, which aviation 
records indicate previously flew for over a decade in Qantas Airways' fleet.

Under the plans Mr. Jennings worked up for the executives, and repeatedly 
modified according to their specifications, the widebody airliner was to 
include a lounge near the front primarily for Google Chief Executive Eric 
Schmidt's use, with two adjoining staterooms for the co-founders farther 
aft, Mr. Jennings says. People familiar with the matter said last year that 
the plans also called for a large sitting-and-dining area and space near 
the rear for staff and passengers.

Leslie Jennings says these drawings, which were created and distributed to 
aviation executives, are near-exact copies of his plans for refurbishing 
the Blue City 767. The plans depict, from front to back, a lounge area, two 
adjoining bedrooms, a large sitting and dining area, a seating area and 
large galley.

Mr. Jennings says Messrs. Brin and Page "had some strange requests," 
including hammocks hung from the ceiling of the plane. At one point he 
witnessed a dispute between them over whether Mr. Brin should have a 
"California king" size bed, he says. Mr. Jennings says Mr. Schmidt stepped 
in to resolve that by saying, "Sergey, you can have whatever bed you want 
in your room; Larry, you can have whatever kind of bed you want in your 
bedroom. Let's move on." Mr. Jennings says Mr. Schmidt at another point 
told him, "It's a party airplane."

But last October, Blue City terminated Mr. Jennings's contract, saying he 
wasn't doing his job properly. Mr. Jennings then filed a nearly $200,000 
lien against the aircraft with the Federal Aviation Administration for 
payment he hadn't received. He later filed a complaint related to the 
matter against Blue City and Gore Design Completions Ltd., the San Antonio 
executive-jet outfitting firm that worked on the plane, in District Court 
in Bexar County, Texas.

Months later, Blue City and Mr. Jennings continue to face off in 
acrimonious court battles with legal fees steadily mounting. In its 
complaint filed in California Superior Court in Santa Clara County, Blue 
City alleged that Mr. Jennings didn't properly perform the design work and 
failed to closely manage the plane's renovation in line with the contract 
for $340,000 he had signed, and various additional expenses that Mr. 
Jennings estimates at nearly $50,000. A court filing says the refurbishment 
was planned as a 10-month project, which Mr. Jennings says he understood 
was originally budgeted for about $10 million but eventually cost more.

Mr. Jennings, 67 years old, says the allegations are groundless. He says he 
was wrongly fired after trying to alert Mr. Schmidt that Blue City was 
going to be overcharged for some materials used in the interior of the 
plane. Mr. Jennings says allegations that he wasn't sufficiently involved 
in the project or accessible to the plane's owners are false, and has over 
1,200 emails related to the project to disprove them.

David Schwarz, a lawyer for Blue City at Irell & Manella LLP in Los 
Angeles, said in a statement that the company proceeded with the plane's 
refurbishment following Mr. Jennings's firing, but took legal action to 
enforce its agreement with Mr. Jennings and protect the confidentiality of 
the project. Mr. Jennings's request for a temporary restraining order, 
which a Texas judge denied in January, could have halted work on the project.

Mr. Jennings, who does business as Design Associates International of Mead, 
Okla., says Blue City is deliberately running up his legal costs, as the 
suit takes a toll on his health and his business. "They're intent on seeing 
whether they can break every bone in my body and drain every cent out of 
me," says Mr. Jennings.

Mr. Schwarz in the statement said Blue City declined to comment on any 
aspect of the aircraft and said Mr. Jennings's comments to The Wall Street 
Journal about the plane appeared to violate a confidentiality agreement and 
an April court order.

In response, Mr. Jennings says there's a lot of information about the 
plane's refurbishment publicly available already, including a copy of the 
floor plan and other drawings circulating among aviation-industry 
executives. Mr. Jennings says those plans and drawings circulating appear 
to be virtually exact copies of his designs that someone else created. "I 
don't see how there's anything confidential about the layout of that 
plane," he says.

"It does seem to be a tremendous fight over relatively few issues," says 
Bruce Cleeland, a lawyer for Mr. Jennings with Haight Brown & Bonesteel LLP 
in Santa Ana, Calif.

Mr. Schwarz did not respond to a request to interview Messrs. Brin, Page or 
Schmidt, which a Google spokesman referred to him. A spokeswoman for Gore 
Design declined to comment. A Google spokesman and Mr. Page said last year 
that the plane has no formal connection with the company and that Google 
would not be reimbursing the co-founders for its costs.

None of the parties will say where the 767 is or whether it has been 
finished. According to an online flight-tracking database, Blue City has 
requested with the National Business Aviation Association trade group that 
data related to the 767's whereabouts not be made public.


================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204
Voice: 713-743-3923  Fax: 713-743-3927
antunes at uh dot edu



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