Jane Doe v. Match.com

Filing 15

Opposition Opposition re: MOTION for Preliminary Injunction re: enjoining defendant Match.com from enrolling new subscribers until it implements a system which screens out sex offenders registered in federal and local databases 13 - Opposition to Plaintiff's Motion for Preliminary Injunction; Memorandum of Points and Authorities filed by Defendant Match.com. (Attachments: # 1 Declaration of Sharmistha Dubey, # 2 Declaration of Robert H. Platt)(Laska, Joseph)

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MANATT, PHELPS & PHILLIPS, LLP
ROBERT H. PLATT (Bar No. 108533)
Email: [e-mail]
JOSEPH E. LASKA (Bar No. 221055)
Email: [e-mail]
11355 West Olympic Boulevard
Los Angeles, California 90064-1614
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
MATCH.COM, LLC,
erroneously sued as Match.com

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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JANE DOE, individually, and on
behalf of all others similarly situated,

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Plaintiff,

MATCH.COM,
Defendant.

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Hon. Stephen V. Wilson
Filed as Class Action

vs.

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Case No. CV11-3795 SVW (JEMx)

DECLARATION OF ROBERT H.
PLATT IN SUPPORT OF
OPPOSITION TO PLAINTIFF’S
MOTION FOR PRELIMINARY
INJUNCTION
Filed concurrently with:
1. Opposition to Motion for Preliminary
Injunction;
2. Declaration of Sharmistha Dubey; and
3. Request for Judicial Notice.

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Hearing Date:
Hearing Time:
Courtroom:

May 23, 2011
1:30 p.m.
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Action filed:

April 13, 2011

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

300254834.1

DECLARATION OF ROBERT H. PLATT

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DECLARATION OF ROBERT H. PLATT

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I, Robert H. Platt, declare as follows:

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1.

I am an attorney admitted to practice in the courts of the State of

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California and before this Court. I am a partner in the law firm of Manatt, Phelps &

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Phillips, LLP, counsel of record for Match.com, LLC (“Match”), the defendant in

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this action. If called as a witness, I can and will testify competently to all of these

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facts.

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2.

Attached as Exhibit 1 is a true and correct copy of a “media alert”

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issued on behalf of Plaintiff and her attorney, and announcing a press conference to

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be held on April 14, 2011 regarding this lawsuit. I obtained this document when I

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attended the press conference in person. After I identified myself as Match’s

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lawyer, I was removed from the press conference by the venue’s security team.

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3.

Attached as Exhibit 2 is a webpage that was printed at my direction

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from the website http://www.prnewswire.com/news-releases/carole-markin-reveals-

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herself-as-the-jane-doe-in-the-matchcom-civil-suit-120197944.html.

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4.

On April 29, 2011, Plaintiff’s attorney contacted me by telephone to

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discuss the steps that Match was going to take to screen members and to offer his

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(and Plaintiff’s) input. I informed Plaintiff’s attorney that Match was proceeding as

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it had announced, and that it did not require any input from Plaintiff or her attorney.

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Plaintiff’s attorney then told me for the first time that he did not believe Match

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should wait 60-90 days to implement the screening and that the screening should

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cover local sex offender databases, not just the national registry. When I demurred,

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Plaintiff filed an application for a temporary restraining order.

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I declare under penalty of perjury under the laws of the United States of

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America that the contents of this declaration are true and correct, and that this

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declaration was executed by me on May 16, 2011 in Los Angeles, California.

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/s/ Robert H. Platt
Robert H. Platt

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

300254834.1

1
DECLARATION OF ROBERT H. PLATT

EXHIBIT 1

EXHIBIT 2

Carole Markin Reveals Herself as the Jane Doe in the Match.com Civil... -- NEW YORK,... Page 1 of 2

Carole Markin Reveals Herself as the Jane Doe in the Match.com Civil Suit
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NEW YORK, April 19, 2011 /PRNewswire/ -- Media Giants -- HMR -- The
"Hollywood executive Jane Doe" in the Jane Doe v. Match.com civil suit [L.A.
Superior Court Case BC458927], took a very heroic step forward this morning,
as she appeared unmasked while revealing her identity on NBC's "Today" and
ABC's "Good Morning America." Jane Doe's real name is Carole Markin. Ms.
Markin, a Harvard College graduate, is a former executive, a film and TV
producer, screenwriter and published author. She asserts she was brutally
sexually assaulted by another Match.com member named Alan Paul Wurtzel,
who had been convicted six separate times for sexual battery. Felony charges against Mr.
Wurtzel are pending in Los Angeles Superior Court [Case # BA373188]. Today, Ms. Markin is
being hailed widely as the "Erin Brockovich of Online Dating" for her valor and key role in
Match.com's purported move to begin checking existing and new subscribers against the
national sex offender registry within the next 60-90 days.
(Photo: http://photos.prnewswire.com/prnh/20110419/LA85540)
"Taking on a huge corporate giant like Match.com is a daunting task. I faced many naysayers,
but I believed that Match.com could change their policies to protect their paying customers
from convicted sexual predators," stated Carole Markin. "As of today, I have not personally
spoken with anyone at Match.com. I will continue to be vigilant in monitoring the rollout of
Match.com's online sexual predator screening. This historic breakthrough is also credited to
my courageous attorney Mark L. Webb, my brilliant public relations team Heath Hamaguchi
and Jim Strzalkowski, the media for their coverage and all of the supporters from around the
globe."
The Jane Doe vs. Match.com civil suit filed by Mark L. Webb, Esq. on behalf of Carole Markin,
will remain open until Match.com makes good on their promise to implement the online sexual
predator screening process.
"This profession of good faith is a huge win, not only for Carole Markin and online dating
safety, but for the American judicial system," states Mark L. Webb, Esq. "I am proud and
happy to be a part of this bold effort to reduce the risks of further sexual assaults on women.
This is the kind of case that people go to law school for, so that they contribute to positive
social change. I commend Match.com for its prompt response."
About Carole Markin
Carole Markin is a producer, screenwriter and author with more than 20 years experience in
entertainment. Ms. Markin served as producer on "Accumulations" and associate producer on

http://www.printthis.clickability.com/pt/cpt?expire=&title=Carole+Markin+Reveals+Hersel... 5/5/2011

Carole Markin Reveals Herself as the Jane Doe in the Match.com Civil... -- NEW YORK,... Page 2 of 2

the series pilot "Trying Times," both directed by Oscar winner Jonathan Demme. Her film,
"From Harlem to Harvard," which she produced and co-directed, won a Cable Ace Award and
an NEA grant. Her work in television also included the role of Manager of National Program
Development for KCET. From 1989 to 1991 Ms. Markin held the titles of Vice President and
then President of the Independent Feature Project/West and was also Chairman of the "Spirit
Awards" nominating committee. Ms. Markin is creator and executive producer of a reality
series currently optioned by Conrad Riggs, which is being sold internationally and set up in
China, as a joint venture. Markin is a Magna Cum Laude, Phi Beta Kappa graduate of Harvard
College. She earned her MBA at the Anderson School at UCLA. Ms. Markin was also a
directing fellow at the American Film Institute.
Media Contacts:
Jim Strzalkowski of Media Giants, [e-mail], [phone]; or Heath
Hamaguchi of HMR, [e-mail], [phone].
SOURCE Carole Markin
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