Miller v. Facebook, Inc. et al

Filing 111

STIPULATION OF UNDISPUTED FACTS by Facebook, Inc.. (Avalos, Julio) (Filed on 3/3/2011)

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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 I. NEEL CHATTERJEE (STATE BAR NO. 173985) nchatterjee@orrick.com JULIO C. AVALOS (STATE BAR NO. 255350) javalos@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: 650-614-7400 Facsimile: 650-614-7401 Attorneys for Defendant FACEBOOK, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION DANIEL M. MILLER, Plaintiff, v. FACEBOOK, INC. and YAO WEI YEO, Defendants. Case No. 3:10-CV-00264 (WHA) [JOINT] STIPULATION OF UNDISPUTED FACTS [JOINT] STIPULATION RE UNDISPUTED FACTS CASE NO.: 3:10-CV-00264 (WHA) 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 Defendant Facebook, Inc. ("Facebook") and Plaintiff Daniel M. Miller ("Miller"), by and through their respective counsel of record, hereby stipulate as follows: WHEREAS, the dispositive motion deadline in this action is March 3, 2011; WHEREAS, the Court's Supplemental Order to Order Setting Initial Case Management Conference dated January 28, 2010 suggests that the parties agree on undisputed facts for the purpose of summary judgment motions; NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the parties, through their respective counsel, that: 1) Plaintiff Daniel Miller registered for a Facebook user account on February 12, 2006; 2) Plaintiff Daniel Miller is and has been a continuous and active user of Facebook since 2006 when he registered for a Facebook account. Dated: March 3, 2011 ORRICK, HERRINGTON & SUTCLIFFE LLP /s/ Julio Avalos Julio C. Avalos Attorneys for Defendant FACEBOOK, INC. Dated: March 3, 2011 HENINGER GARRISON & DAVIS LLC /s/ Brian Hancock BRIAN HANCOCK Attorneys for Plaintiff DANIEL M. MILLER Filer's Attestation: Pursuant to General Order No. 45, X(B), I attest under penalty of perjury that concurrence in the filing of the document has been obtained from its signatory. Dated: March 3, 2011 Respectfully submitted, /s/ Julio Avalos JULIO C. AVALOS [JOINT] STIPULATION RE UNDISPUTED FACTS CASE NO.: 3:10-CV-00264 (WHA) -1-

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