Miller v. Facebook, Inc. et al

Filing 115

Declaration of Julio C. Avalos in Support of 114 MOTION for Summary Judgment RE CONTRIBUTORY COPYRIGHT INFRINGEMENT filed byFacebook, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C1, # 4 Exhibit C2, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J)(Related document(s) 114 ) (Avalos, Julio) (Filed on 3/3/2011)

Miller v. Facebook, Inc. et al

Doc. 115

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I. NEEL CHATTERJEE (STATE BAR NO. 173985) [e-mail] JULIO C. AVALOS (STATE BAR NO. 255350) [e-mail] MORVARID METANAT (STATE BAR NO. 268228) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] 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) DECLARATION OF JULIO C. AVALOS IN SUPPORT OF FACEBOOK'S MOTION FOR SUMMARY JUDGMENT RE CONTRIBUTORY COPYRIGHT INFRINGEMENT Date: Time: Court: Judge: April 7, 2011 8:00 A.M. Courtroom 9, 19th Floor Honorable William Alsup

DECLARATION OF JULIO C. AVALOS ISO FACEBOOK'S MSJ RE CONTRIBUTORY INFRINGEMENT CASE NO.: 3:10-CV-00264 (WHA)

Dockets.Justia.com

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I, Julio C. Avalos, declare as follows: 1. I am an associate at the law firm of Orrick, Herrington & Sutcliffe LLP, counsel to

Defendant Facebook, Inc. ("Facebook"). I make this Declaration in support of Facebook's Motion for Summary Judgment re Contributory Infringement. I am a member of, and in good standing with, the Bar of the State of California and am admitted to practice before this Court. I make this declaration of my own personal knowledge unless otherwise indicated herein. If called as a witness, I could and would testify competently to the truth of the matters set forth herein. 2. Attached hereto as Exhibit A are true and correct copies of excerpts of the

deposition transcript of Daniel M. Miller, dated February 7, 2011. 3. Attached hereto as Exhibit B is a true and correct copy of Plaintiff's Subpoena

duces tecum served on third-party RockYou, Inc., dated January 27, 2011. 4. Attached hereto as Exhibit C are true and correct copies of screenshots taken of

the Boomshine video game. At my direction, Orrick's Senior Paralegal Amy Dalton retrieved these screenshots from www.K2xL.com/games/boomshine/ on February 2, 2011. 5. Attached hereto as Exhibit D are true and correct copies of screenshots taken of

the ChainRxn video game. At my direction, Orrick's Senior Paralegal Amy Dalton retrieved these screenshots from http://www.zwigglers.com on February 2, 2011. 6. Attached hereto as Exhibit E is a true and correct copy of the expert report of

David Crane, dated February 28, 2011. 7. Attached hereto as Exhibit F are true and correct copies of excerpts of the

deposition transcript of Timothy Halbert dated February 11, 2011. 8. Attached hereto as Exhibit G are true and correct copies of excerpts of Plaintiff's

Response to Facebook's First Set of Interrogatories and Requests for Production, served on December 17, 2010. 9. Attached hereto as Exhibit H are true and correct copies of excerpts of the

deposition transcript of Robert A. Madayag, dated February 10, 2011.

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DECLARATION OF JULIO C. AVALOS ISO FACEBOOK'S MSJ RE CONTRIBUTORY INFRINGEMENT CASE NO.: 3:10-CV-00264 (WHA)

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10.

Attached hereto as Exhibit I is a true and correct copy of Bates No. Miller 013,

which appears to be an e-mail correspondence exchanged between Plaintiff Daniel M. Miller and Zwigglers Apps dated April 29, 2009 and April 30, 2009. 11. Attached hereto as Exhibit J are true and correct copies of excerpts of the

deposition transcript of Armando Martinez, dated February 9, 2011. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct and that this declaration was hereby executed at Menlo Park, California this 3rd day of March 2011.

/s/ Julio C. Avalos JULIO C. AVALOS

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DECLARATION OF JULIO C. AVALOS ISO FACEBOOK'S MSJ RE CONTRIBUTORY INFRINGEMENT CASE NO.: 3:10-CV-00264 (WHA)