Zynga Game Network, Inc. v. Erkan

Filing 43

ORDER Granting Plaintiff's Motion to continue the Case Management Conference. Case Management Conference set for 4/30/10 is continued to 7/23/2010 10:00 AM in Courtroom 1, 17th Floor, San Francisco.. Signed by Judge Samuel Conti on 4/26/10. (tdm, COURT STAFF) (Filed on 4/26/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Larry W. McFarland (Bar No. 129668) E-Mail: [e-mail] Dennis L. Wilson (Bar No. 155407) E-Mail: [e-mail] David K. Caplan (Bar No. 181174) E-Mail: [e-mail] Christopher T. Varas (Bar No. 257080) E-Mail: [e-mail] KEATS McFARLAND & WILSON LLP 9720 Wilshire Boulevard Penthouse Suite Beverly Hills, California 90212 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff ZYNGA GAME NETWORK INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

ZYNGA GAME NETWORK INC., a Delaware corporation Plaintiff, v. NADIR ERKAN and YUSUF DINCER Defendants.

CASE NO. CV-09:3264 SC MOTION TO CONTINUE OR STRIKE CASE MANAGEMENT CONFERENCE; AND MEMORANDUM OF POINTS AND AUTHORITIES No Hearing Date Requested

CASE NO. CV-09:3264 SC
MOTION TO CONTINUE OR STRIKE CASE MANAGEMENT CONFERENCE

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

MOTION Plaintiff Zynga Game Network Inc. ("Zynga") hereby moves the Court pursuant to Civil Local Rules 6-3 and 7-11 for an order continuing or striking the Case Management Conference currently scheduled for April 30, 2010. This motion is based on the Motion, the declaration of Christopher Varas, the [Proposed] Order, all pleadings on file in this action, and any other matter that may be submitted in support of the motion. ISSUE TO BE DECIDED Whether the Case Management Conference currently scheduled for April 30, 2010 shall be continued or stricken. MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION

Plaintiff Zynga Game Network Inc. ("Zynga") respectfully requests that the Court continue or strike the Case Management Conference currently scheduled for Apri30, 2010. II. FACTS

The Court originally scheduled the Case Management Conference for November 20, 2009. (Dkt. No. 9.) On October 29, 2009, the Court continued the Case Management Conference until April 30, 2010. (Dkt. No. 24.) On March 4, 2010, the Court authorized Zynga to serve the defendants in the case by electronic mail. (Dkt. No. 33.) Zynga served the defendants with process on March 22, 2010. (Dkt. No. 37.) Neither of the defendants answered Zynga's complaint within the time required by the Federal Rules of Civil Procedure and neither has answered the complaint to this day. Zynga's request for entry of default against the defendants was filed on April 16, 2010 and is currently pending before the Court. (Dkt. No. 38.) III. ARGUMENT

There is good cause to continue or strike the Case Management Conference in this case. Because the defendants have not participated in the litigation, Zynga has been unable to conduct the conference required by Federal Rule of Civil Procedure ("Federal Rule") 26(f)(1). (Declaration of
-1-

28

CASE NO. CV-09:3264 SC
MOTION TO CONTINUE OR STRIKE CASE MANAGEMENT CONFERENCE

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

Christopher Varas in Support of Zynga's Motion to Continue or Strike Case Management Conference ("Varas Decl."), ¶ 2.) Accordingly, Zynga is unable to file the joint case management statement required by Federal Rule 26(f)(2) and Civil Local Rule 16-9. Id. Accordingly, it is impractical for the Case Management Conference to proceed as scheduled on April 30, 2010. Moreover, it is highly unlikely that the Case Management Conference will be held at all. Defendants are located overseas and have not participated in this litigation in any way since being served with process. (Varas Decl., ¶ 3.) Once the Court has entered the defendants' default, Zynga intends to file a motion for default judgment against them. (Id., ¶ 4.) Accordingly, there is good cause for the Court to: 1) continue the Case Management Conference to a date far enough in the future for default proceedings to be completed; or 2) strike the Case Management Conference from the Court's calendar. In the event the Court continues the Case Management Conference, Zynga respectfully proposes that the conference be continued until July 9, 2010, or another date that is convenient for the Court. IV. CONCLUSION

For the foregoing reasons, Zynga respectfully requests that the Court issue an order continuing or striking the Case Management Conference. A proposed order is submitted herewith. Zynga is prepared to any additional information the Court may request regarding this Motion.

Dated: April 22, 2010

By:

/ctv/ Christopher T. Varas Keats McFarland & Wilson LLP Attorneys for Plaintiff ZYNGA GAME NETWORK INC.

-2-

28

CASE NO. CV-09:3264 SC
MOTION TO CONTINUE OR STRIKE CASE MANAGEMENT CONFERENCE

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

PROOF OF SERVICE Zynga Game Network Inc. v. Nadir Erkan and Yusuf Dincer U.S.D.C., Northern District of California Case No. CV 09-03264 SC I, the undersigned, say: I am and was at all times herein mentioned a resident of the County of Los Angeles, over the age of eighteen (18) years and not a party to the within action or proceeding. My business address is 9720 Wilshire Boulevard, Penthouse Suite, Beverly Hills, California 90212, and I am employed in the office of Keats McFarland & Wilson LLP, by a member of the Bar of this Court, at whose direction the service mentioned herein below was made. On April 22, 2010, pursuant to the Court's Order Authorizing Plaintiff to Serve Defendants with Process by Electronic Mail (Doc. 33) filed March 4, 2010, I served the document(s) listed below entitled: 1) MOTION TO CONTINUE OR STRIKE CASE MANAGEMENT CONFERENCE; AND MEMORANDUM OF POINTS AND AUTHORITIES 2) [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION TO CONTINUE OR STRIKE CASE MANAGEMENT CONFERENCE 3) DECLARATION OF CHRISTOPHER VARAS IN SUPPORT OF ZYNGA'S MOTION TO CONTINUE OR STRIKE CASE MANAGEMENT CONFERENCE upon defendants Nadir Erkan and Yusuf Dincer at the following e-mail addresses:
'[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'

BY PDF ELECTRONIC MAIL: On April 22, 2010, from my computer I simultaneously transmitted to the named defendants in this case via electronic mail sent to the electronic addresses above a copy (in pdf form) of each of the foregoing document(s). I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on April 22, 2010, at Beverly Hills, California. s/Darrell V. Orme Mann Darrell V. Orme Mann

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Larry W. McFarland (Bar No. 129668) E-Mail: [e-mail] Dennis Wilson (Bar No. 155407) E-Mail: [e-mail] David K. Caplan (Bar No. 181174) E-Mail: [e-mail] Christopher T. Varas (Bar No. 257080) E-Mail: [e-mail] KEATS McFARLAND & WILSON LLP 9720 Wilshire Boulevard Penthouse Suite Beverly Hills, California 90212 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff ZYNGA GAME NETWORK INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

ZYNGA GAME NETWORK INC., a Delaware corporation Plaintiff, v. NADIR ERKAN and YUSUF DINCER, Defendants.

CASE NO. CV-09:3264 SC

[PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION TO CONTINUE OR STRIKE CASE MANAGEMENT CONFERENCE

CASE NO. 09:3264 SC [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION TO CONTINUE OR STRIKE CASE MANAGEMENT CONFERENCE

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

THE COURT, having considered Plaintiff Zynga Game Network Inc.'s ("Zynga's") motion to continue or strike the Case Management Conference currently scheduled for April 30, 2010, and having reviewed the supporting declaration of Christopher Varas and the other pleadings on file in this case, and finding good cause, hereby GRANTS Zynga's motion. It is hereby ORDERED that the Case Management Conference in this matter shall be: ____ Stricken from the Court's calendar.

X ____ Continued until __________________________________________. July 23, 2010 at 10:00 a.m.

IT IS SO ORDERED

April ENTERED THIS ____ DAY OF __________, 2010 26
UNIT ED

ER

N

F D IS T IC T O R

-1-

28

CASE NO. 09:3264 SC [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION TO CONTINUE OR STRIKE CASE MANAGEMENT CONFERENCE

A

C

LI

FO

Judge S

amuel C

onti

R NIA

_____________________________________ ERED The HonorableT IS SO ORD I Samuel Conti, Senior United States District Court Judge
NO

S

S DISTRICT TE C TA

RT U O

RT
H

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

PROOF OF SERVICE Zynga Game Network Inc. v. Nadir Erkan and Yusuf Dincer U.S.D.C., Northern District of California Case No. CV 09-03264 SC I, the undersigned, say: I am and was at all times herein mentioned a resident of the County of Los Angeles, over the age of eighteen (18) years and not a party to the within action or proceeding. My business address is 9720 Wilshire Boulevard, Penthouse Suite, Beverly Hills, California 90212, and I am employed in the office of Keats McFarland & Wilson LLP, by a member of the Bar of this Court, at whose direction the service mentioned herein below was made. On April 22, 2010, pursuant to the Court's Order Authorizing Plaintiff to Serve Defendants with Process by Electronic Mail (Doc. 33) filed March 4, 2010, I served the document(s) listed below entitled: 1) MOTION TO CONTINUE OR STRIKE CASE MANAGEMENT CONFERENCE; AND MEMORANDUM OF POINTS AND AUTHORITIES 2) [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION TO CONTINUE OR STRIKE CASE MANAGEMENT CONFERENCE 3) DECLARATION OF CHRISTOPHER VARAS IN SUPPORT OF ZYNGA'S MOTION TO CONTINUE OR STRIKE CASE MANAGEMENT CONFERENCE upon defendants Nadir Erkan and Yusuf Dincer at the following e-mail addresses:
'[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'; '[e-mail]'

BY PDF ELECTRONIC MAIL: On April 22, 2010, from my computer I simultaneously transmitted to the named defendants in this case via electronic mail sent to the electronic addresses above a copy (in pdf form) of each of the foregoing document(s). I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on April 22, 2010, at Beverly Hills, California. s/Darrell V. Orme Mann Darrell V. Orme Mann