Miller v. Facebook, Inc. et al
Filing
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MOTION for Default Judgment as to Yao Wei Yeo filed by Daniel M. Miller. (Attachments: # 1 Affidavit Declaration of Brian D. Hancock in Support of Motion for Default Judgment Against Defendant Yao Wei Yeo, # 2 Affidavit Declaration of Bradley Green, # 3 Affidavit Declaration of Robert Kajikami, # 4 Exhibit 1 (Second Amended Complaint), # 5 Exhibit 2 (Proof of Service), # 6 Exhibit 3 (Entry of Default), # 7 Proposed Order Proposed Order Granting Plaintiff's Motion for Default Judgment, # 8 Proposed Order Proposed Order Pursuant to Entry of Default Judgment)(Hancock, Brian) (Filed on 4/12/2011)
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D. GILL SPERLEIN (172887)
THE LAW OFFICE OF D. GILL SPERLEIN
584 Castro Street, Suite 879
San Francisco, California 94114
Telephone: (415) 404-6615
Facsimile: (415) 404-6616
gill@sperleinlaw.com
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DOUGLAS L. BRIDGES (pro hac vice)
HENINGER GARRISON DAVIS LLC
1 Glenlake Parkway, Suite 700
Atlanta, Georgia 30328
Telephone: (678) 638-6309
Facsimile: (678) 638-6142
dbridges@hgdlawfirm.com
TIMOTHY C. DAVIS (pro hac vice)
BRIAN D. HANCOCK (pro hac vice)
HENINGER GARRISON DAVIS LLC
2224 1st Avenue North
Birmingham, AL 35203
Telephone: (205) 326-3336
Facsimile: (205) 326-3332
bdhancock@hgdlawfirm.com
Attorneys for Plaintiff,
DANIEL M. MILLER
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
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DANIEL M. MILLER,
Plaintiff,
vs.
FACEBOOK, INC. and YAO WEI YEO,
Defendants.
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CASE NO.: CV-10-264 (WHA)
DECLARATION OF BRIAN D. HANCOCK
IN SUPPORT OF MOTION FOR DEFAULT
JUDGMENT AGAINST
DEFENDANT YAO WEI YEO
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DECLARATION OF BRIAN D. HANCOCK IN SUPPORT OF
MOTION FOR DEFAULT JUDGMENT AGAINST
DEFENDANT YAO WEI YEO
CV-10-264 (WHA)
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I, Brian D. Hancock, declare as follows:
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1.
My name is Brian D. Hancock. I am over eighteen years of age and am competent
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to testify about the matters set forth herein. I have personal knowledge of the matters set forth
herein.
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I am an attorney at Heninger Garrison Davis, LLC, 2224 1st Avenue North,
Birmingham, Alabama 35203, a law firm representing Plaintiff Daniel M. Miller (“Plaintiff”) in
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the above-styled litigation.
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3.
On October 9, 2009, the Plaintiff filed an action for copyright infringement against
Defendants Facebook, Inc. (“Facebook”) and Yao Wei Yeo (“Yeo”).
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At present, the infringing application that is the subject of this action, ChainRxn, is
not accessible on Facebook’s website, however, ChainRxn continues to be available on the
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webpage http://chainrxn.zwigglers.com.
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On June 3, 2010, the Plaintiff filed his Second Amended Complaint with this Court
against Yeo and Facebook.
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On June 3, 2010, the Plaintiff served a subpoena duces tecum on Media Temple,
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Inc., a website hosting and software application services company in Culver City, California,
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seeking all information in its possession pertaining to Yeo. Media Temple responded by
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providing information showing that Yeo is the listed account owner for the “ZWIGGLERS.COM”
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domain name. The address listed by Media Temple for Yeo is 353 Third Avenue, Suite 246, New
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York, NY 10010.
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7.
Pursuant to Rule 4(e)(1) of the Federal Rules of Civil Procedure, §§ 415.40 and
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417.20 of the California Code of Civil Procedure, and applicable case law, Yeo was duly served
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-2with a copy of the Summons and Second Amended Complaint on July 8, 2010.
DECLARATION OF BRIAN D. HANCOCK IN SUPPORT OF
MOTION FOR DEFAULT JUDGMENT AGAINST
DEFENDANT YAO WEI YEO
CV-10-264 (WHA)
8.
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of the Court entered Yeo’s default on September 22, 2010.
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Yeo has failed to answer or otherwise appear in this action. As a result, the Clerk
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Upon information and belief, Yeo is not an infant or incompetent person nor in
active military service.
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10.
The effective date of the Plaintiff’s copyright registration for Boomshine is May 5,
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The costs incurred by the Plaintiff in filing this action and perfecting service of
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2009.
process on Yeo by means of numerous subpoenas, a private investigator, and other methods, totals
$1,492.50.
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I declare under penalty of perjury that the foregoing is true and correct.
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/s/ Brian D. Hancock_________________
Brian D. Hancock
April 12, 2011_________________
Date
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DECLARATION OF BRIAN D. HANCOCK IN SUPPORT OF
MOTION FOR DEFAULT JUDGMENT AGAINST
DEFENDANT YAO WEI YEO
CV-10-264 (WHA)
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