Miller v. Facebook, Inc. et al

Filing 13

MOTION to Transfer Case to United States District Court for the Northern District of California with Brief In Support by Facebook, Inc.. (Attachments: # 1 Brief, # 2 Declaration of Tina Doshi, # 3 Exhibit A to Declaration of Tina Doshi, # 4 Exhibit B to Declaration of Tina Doshi, # 5 Declaration of Yvonne P. Greer, # 6 Exhibit 1 to Declaration of Yvonne P. Greer, # 7 Exhibit 2 to Declaration of Yvonne P. Greer)(Wright, Jason)

Miller v. Facebook, Inc. et al

Doc. 13 Att. 4

Case3:10-cv-00264-WHA Document13-5

Filed12/02/09 Page1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION DANIEL M. MILLER, Plaintiff, v. FACEBOOK, INC.; and YAO WEI YEO, Defendants. Case No. 1:09-CV-2810 DECLARATION OF YVONNE P. GREER IN SUPPORT OF FACEBOOK INC.'S MOTION TO TRANSFER VENUE

OHS West:260786398.1 16069-2020 YG2/YG2

DECLARATION OF YVONNE P. GREER IN SUPPORT OF FACEBOOK'S MOTION TO TRANSFER VENUE Case No. 1:09-CV-2810

Dockets.Justia.com

Case3:10-cv-00264-WHA Document13-5

Filed12/02/09 Page2 of 3

I, Yvonne P. Greer, declare as follows: 1. I am an attorney with the law firm of Orrick, Herrington & Sutcliffe LLP, counsel for Facebook, Inc. ("Facebook") in the above-captioned action. I am a member of the Bar of the State of California. I make this Declaration in support of Facebook's motion to transfer venue. I have personal knowledge of the facts set forth in this declaration and could and would competently testify thereto under oath if called as a witness. 2. On information and belief, Plaintiff makes his claimed Boomshine

work available at facebook.com. Attached hereto as Exhibit 1 is a true and correct copy of a screen shot of Boomshine on facebook.com. 3. On October 27, 2009 and, again, on December 2, 2009, I asked our

law firm's head research librarian, Heather Horter, to locate contact information on Defendant Yao Wei Yeo, as well any other research that might indicate his whereabouts. Based on the research provided, it appears that Mr. Yeo recently was employed by and worked at CourseHero, Inc., a company located in Sunnyvale, California, approximately ten miles from Facebook's headquarters in Palo Alto. On information and belief, based on Mr.Yeo's employment in Sunnyvale, Mr. Yeo is a resident of California. 4. Attached hereto as Exhibit 2 is a true and correct copy of the relevant

excerpt from MOORE'S FEDERAL PRACTICE, §111.12[1][a] at p. 111-53.

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DECLARATION OF YVONNE P. GREER IN SUPPORT OF FACEBOOK'S MOTION TO TRANSFER VENUE Case No. 1:09-CV-2810

Case3:10-cv-00264-WHA Document13-5

Filed12/02/09 Page3 of 3

I declare under the penalty of perjury that the foregoing is true and correct to the best of my knowledge. Executed this 2nd day of December, at Menlo Park, California.

__________/s/ Yvonne P. Greer_________ Yvonne P. Greer Attorney for FACEBOOK, INC.

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DECLARATION OF TINA DOSHI IN SUPPORT OF FACEBOOK'S MOTION TO TRANSFER VENUE Case No. 1:09-CV-2810