Miller v. Facebook, Inc. et al

Filing 136

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: [phone]
Facsimile: [phone]
[e-mail]

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DOUGLAS L. BRIDGES (pro hac vice)
HENINGER GARRISON DAVIS LLC
1 Glenlake Parkway, Suite 700
Atlanta, Georgia 30328
Telephone: [phone]
Facsimile: [phone]
[e-mail]
TIMOTHY C. DAVIS (pro hac vice)
BRIAN D. HANCOCK (pro hac vice)
HENINGER GARRISON DAVIS LLC
2224 1st Avenue North
Birmingham, AL 35203
Telephone: [phone]
Facsimile: [phone]
[e-mail]
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.
2.

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”).
4.

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.
5.

On June 3, 2010, the Plaintiff filed his Second Amended Complaint with this Court

against Yeo and Facebook.
6.

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)