Rebecca Swift v. Adknowledge, Inc., et al
Filed (ECF) Appellants Adknowledge, Inc. and KITN Media USA, Inc. response to order to show cause dated 09/15/2011. Date of service: 09/26/2011.  (DL)
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ADKNOWLEDGE, INC., d/b/a Super
Rewards and KITN MEDIA USA, INC.,
d/b/a Super Rewards,
Appellants - Defendants,
REBECCA SWIFT, on behalf of herself &
all others similarly situated,
Respondent - Plaintiff.
APPEAL FROM THE UNITED STATES COURT FOR THE
NORTHERN DISTRICT OF CALIFORNIA
(Hon. Elizabeth D. Laporte)
No. 4:09-CV-05443 EDL
DECLARATION OF DEREK LINKE
IN SUPPORT OF APPELLANTS’
RESPONSE TO ORDER TO SHOW CAUSE
NEWMAN DU WORS LLP
By: Derek A. Newman
1201 Third Avenue, Suite 1600
Seattle, Washington 98101
Telephone: (206) 274-2800
Facsimile: (206) 274-2801
Attorneys for Appellants
I, Derek Linke, declare as follows:
I am counsel of record for Appellants Adknowledge, Inc. and KITN Media,
Inc. I am over eighteen (18) years of age, am competent to testify to the
matters stated in this declaration, and make this declaration from personal
knowledge of those matters.
This appeal is taken from the district court’s “Order Granting Zynga’s
Motion to Compel Arbitration; Granting in Part and Denying in Part Other
Defendants’ Parallel Motion to Stay; Denying as Moot: (1) Motion to
Compel Discovery, (2) Motion to Hear Cross-Motion to Stay Discovery on
Shortened Time, (3) Motion to Stay Discovery; Granting Motion to Seal”
(the “Order”). A true and correct copy of the Order is attached as Exhibit A.
A true and correct copy of the First Amended Complaint, which
Respondent-Plaintiff Rebecca Swift filed in the district court action, is
attached as Exhibit B.
A true and correct copy of (now-dismissed) Defendant Zynga Inc.’s Notice
of Motion and Motion to Compel Arbitration and Motion to Stay Litigation
and the accompanying Memorandum of Points and Authorities, which
Defendant Zynga filed in the district court action, is attached as Exhibit C.
A true and correct copy of the Joinder of Defendants Adknowledge , Inc.
and KITN Media USA Inc. to Defendant Zynga Inc.’s Motion to Compel
Arbitration and Motion to Stay Litigation, filed in the district court action, is
attached as Exhibit D.
A true and correct copy of the district court’s order dismissing all claims
against Zynga with prejudice and further lifting the stay of proceedings, is
attached as Exhibit E.
I certify and declare under the penalty of perjury under the laws of the United
States that to my knowledge the foregoing is true and correct.
September, 26 2011.
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