Bank Julius Baer & Co. Ltd. et al v. Wikileaks et al

Filing 86

Memorandum in Opposition [65,71,72] re PLAINTIFFS BRIEF IN OPPOSITION TO MULTIPLE APPLICATIONS AND MOTIONS BY PROPOSED AMICI AND/OR REQUESTS TO INTERVENE filed byBank Julius Baer & Co. Ltd., Julius Baer Bank and Trust Co. LTD.. (Attachments: #1 Affidavit DECLARATION OF EVAN SPIEGEL IN SUPPORT OF PLAINTIFFS BRIEF IN OPPOSITION TO MULTIPLE APPLICATIONS AND MOTIONS BY PROPOSED AMICI AND/OR REQUESTS TO INTERVENE)(Briggs, William) (Filed on 2/28/2008) Modified on 2/28/2008 (hdj, COURT STAFF).

Bank Julius Baer & Co. Ltd. et al v. Wikileaks et al

Doc. 86 Att. 1

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MARTIN D. SINGER, ESQ. (BAR NO. 78166) WILLIAM J. BRIGGS, II, ESQ. (BAR NO. 144717) EVAN N. SPIEGEL, ESQ. (BAR NO. 198071) LAVELY & SINGER PROFESSIONAL CORPORATION 2049 Century Park East, Suite 2400 Los Angeles, California 90067-2906 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] E-mail: [e-mail] Attorneys for Plaintiffs BANK JULIUS BAER & CO. LTD and JULIUS BAER BANK AND TRUST CO. LTD UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) Plaintiffs, ) ) v. ) WIKILEAKS, an entity of unknown ) form, WIKILEAKS.ORG, an entity ) of unknown form; DYNADOT, ) LLC, a California Limited Liability ) Corporation, and DOES 1 through ) 10, inclusive, ) ) Defendants. ) ) ) CASE NO. CV08-0824 JSW [Hon. Jeffrey S. White; CTRM 2] DECLARATION OF EVAN SPIEGEL IN SUPPORT OF PLAINTIFFS' BRIEF IN OPPOSITION TO MULTIPLE APPLICATIONS AND MOTIONS BY PROPOSED AMICI AND/OR REQUESTS TO INTERVENE

BANK JULIUS BAER & CO. LTD, a Swiss entity; and JULIUS 13 BAER BANK AND TRUST CO. LTD, a Cayman Islands entity,
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DECL. OF EVAN SPIEGEL RE BRIEF IN OPP RE AMICI
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DECLARATION OF EVAN SPIEGEL I, EVAN SPIEGEL, declare as follows: 1. I an attorney at law duly qualified to practice before the Courts of the State of California, and am an attorney with the firm of Lavely & Singer Professional Corporation, attorneys for Plaintiffs Bank Julius Baer & Co. Ltd and Julius Baer Bank and Trust Co. Ltd. The facts stated herein are stated of my own personal knowledge and, if called and sworn as a witness, I could and would testify competently thereto. As to those matters stated on the basis of information and belief, I am so informed and believe those matters to be true. 2. This Declaration is made in support of Plaintiffs Bank Julius Baer & Co. Ltd's ("BJB") and Julius Baer Bank and Trust Co. Ltd's ("JBBT") (collectively, "JB" and/or "Plaintiffs") Brief in Opposition to Multiple Applications and Motions by Proposed Amici and/or Requests to Intervene. 3. The facts of this matter are more fully set forth in the Complaint, in Plaintiffs' Application for TRO and Preliminary Injunction, on file in this matter, which are incorporated herein by reference. This brief does not attempt to address all of the points raised by the Multiple Applications and Motions by Proposed Amici and/or Requests to Intervene because of obvious time constraints. Instead, it focuses on the core issue presented to this Court. 4. Wikileaks has represented, in a several press releases concerning the Court's prior order, that it "has six pro-bono attorney's [sic] in S[an] F[rancisco] on roster to deal with legal assault." Attached hereto as Exhibit "A" is a true and correct copy of a printout of a "Press Release" by Wikileaks from its website, dated February 18, 2008. 5. this matter. Wikileaks has represented that they have competent representation in In correspondence received from Julian Assange (a contact for

Wikileaks, as represented to the Court by Julie Turner) on February 24, 2008, Mr. Julian Assange stated "I don't know why you have sent this to me" and that JB
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should "please send Wikileaks.org related legal correspondence to Roger Myers who I understand is acting on behalf of the domain." Attached hereto as Exhibit "B" is a true and correct copy of a printout of the e-mail dated Feb 24, 2008 from Mr. Assange. Two days later, Mr. Assange again e-mails and stated, "Please send [correspondence] to `Roger Myers' <[e-mail]> who I understand is representing the rights of the domain holder in this matter." Attached hereto as Exhibit "C" is a true and correct copy of a printout of the e-mail dated Feb 26, 2008 from Mr. Assange). The biography of Roger Myers, a media and First Amendment attorney, on his law firm's website states that his clients include "publishers (of newspapers, magazines, and books), broadcast media (both television and radio networks and their affiliates), and online media." Mr. Myer's biography also states he is a "Northern California Super Lawyer" who "is a frequent speaker at conferences addressing media, internet and intellectual property issues," and that he "serves as newsroom general outside counsel to more than 20 newspapers ... and as general outside counsel for Business Wire, Inc." Mr. Myers's biography further lists that he is the "General Counsel" of "California First Amendment Coalition," which is seeking to file an amicus brief in this matter. Attached hereto as Exhibit "D" is a true and correct copy of a printout of Mr. Myer's Holme Roberts & Owen LLP's firm website Biography page. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 27nd day of February 2008, at Los Angeles, California. /s/ EVAN N. SPIEGEL

I hereby attest that I have on file all holographic signatures for any signatures 26 indicated by a conformed signature (/s/) within this efiled document.
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/s/ WILLIAM J. BRIGGS, II
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