Miller v. Facebook, Inc. et al

Filing 138

STIPULATION and Order Shortening Time to Hear Motion to Set Aside Default by Yao Wei Yeo. (Holland, Andrew) (Filed on 5/4/2011)

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Stephen C. Gerrish/Bar No. 061253
[e-mail]
Andrew P. Holland/Bar No. 224737
[e-mail]
THOITS, LOVE, HERSHBERGER & McLEAN
A Professional Law Corporation
285 Hamilton Avenue, Suite 300
Palo Alto, California 94301
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Defendant
Yao Wei Yeo

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

A PROFESSIONAL LAW CORPORATION

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285 Hamilton Avenue, Suite 300
PALO ALTO, CALIFORNIA 94301
[phone]

THOITS, LOVE, HERSHBERGER & McLEAN

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SAN FRANCISCO DIVISION

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DANIEL M. MILLER,

No. 3:10-CV-00264 (WHA)
STIPULATION AND ORDER
SHORTENING TIME TO HEAR YAO
WEI YEO’S MOTION TO SET ASIDE
DEFAULT

Plaintiff,

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v.

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FACEBOOK, INC. and YAO WEI
YEO,

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Defendants.

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IT IS HEREBY STIPULATED by plaintiff Daniel M. Miller (“Plaintiff”) and defendant

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Yao Wei Yeo (“Defendant”), through their respective attorneys of record herein, that

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Defendant’s motion to set aside default may be heard on shortened time pursuant to Local Rule

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6-2.

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The parties hereby stipulate that Defendant’s motion to set aside default may be heard on

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May 19, 2011, on the same day and at the same time as Plaintiff’s motion for entry of default

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judgment, now scheduled to be heard on said date at 8:00 a.m., in Courtroom 9, before the

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Honorable William Alsup. Pursuant to Local Rule 6-2(a)(1)-(3), the parties hereby submit the

259537.001/280541

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STIPULATION

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following:

indicated. Defendant Yao Wei Yeo only recently learned of this motion, as more fully set forth

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in his declaration filed in connection with his motion to set aside his default. Defendant Yao

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Wei Yeo believes there is good cause to set aside the default against him. This case is set for

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jury trial on June 13, 2011, and for Pre-Trial Conference on June 1, 2011. In order to resolve

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the pending issues regarding plaintiff’s request to enter a default judgment and defendant’s

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request to set aside the underlying default in an efficient manner, in advance of the pending

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dates, the parties agreed that the plaintiff’s and defendant’s motions should be heard at the same

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A PROFESSIONAL LAW CORPORATION

Plaintiff’s pending motion for entry of a default judgment is currently set for the date

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285 Hamilton Avenue, Suite 300
PALO ALTO, CALIFORNIA 94301
[phone]

A. Reasons for Shortening Time

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THOITS, LOVE, HERSHBERGER & McLEAN

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time, on the date plaintiff’s motion is now set to be heard. Defendant Yao Wei Yeo’s motion to

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set aside the default would otherwise be heard on 35 days notice, which would result in a

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hearing after the hearing on the plaintiff’s motion and after the date of the Pre-Trial conference,

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which the parties believe is not efficient or expeditious.

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B. Previous Time Modifications

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There have been no other time modifications in the case involving or between plaintiff

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and defendant Yao Wei Yeo. A previous Stipulation enlarging time was made between plaintiff

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and defendant Facebook, Inc. on or about December 30, 2010, regarding certain dates and

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deadlines.

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C. Effect of Shortening Time on Current Court Schedule

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No dates currently set for pending events are affected by this stipulation. The only effect

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of this stipulation is the addition of defendant Yao Wei Yeo’s motion to set aside the default

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against him to the court’s calendar on May 19, 2011. It is not determined what if any impact

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the disposition of the motions might have on the court’s current schedule for Pre-Trial

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Conference and Trial.

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This stipulation is accompanied by the Declaration of Andrew P. Holland pursuant to

259537.001/280541

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STIPULATION

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Local Rule 6-2(a).

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By making this stipulation/motion to shorten the time required for the hearing on his

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motion to set aside default, Defendant Yao Wei Yeo does not hereby intend to make a general

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appearance, submit to the jurisdiction of this court or waive any defense that this court may not

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exercise personal jurisdiction over him or that he was not properly served with summons and

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complaint. Defendant Yao Wei Yeo expressly reserves said defenses.

there is good cause to deny Plaintiff’s Motion for Default Judgment or grant Defendant Yao Wei

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Yeo’s motion to set aside default nor does the Plaintiff, by making this stipulation, intend to

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A PROFESSIONAL LAW CORPORATION

Defendant Yao Wei Yeo’s motion to set aside default, Plaintiff does not hereby concede that

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285 Hamilton Avenue, Suite 300
PALO ALTO, CALIFORNIA 94301
[phone]

By making this stipulation/motion to shorten the time required for the hearing on

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THOITS, LOVE, HERSHBERGER & McLEAN

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waive any arguments he may have for or against said motions, respectively.

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IT IS SO STIPULATED.
Dated: May 4, 2011.

THOITS, LOVE,
HERSHBERGER & McLEAN

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By

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s/ Andrew P. Holland
Andrew P. Holland
Attorneys for Defendant
Yao Wei Yeo

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Dated: May 4, 2011.

HENINGER GARRISON DAVIS, LLC

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By

s/ Brian D. Hancock
Brian D. Hancock
Attorneys for Plaintiff
Daniel M. Miller

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Filer’s Attestation: Pursuant to General Order No. 45, section X(B), I attest under

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penalty of perjury that concurrence in the filing of this document has been obtained from its

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signatory.

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Dated: May 4, 2011.

259537.001/280541

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STIPULATION

Respectfully Submitted

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By

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s/ Andrew P. Holland
Andrew P. Holland
Attorneys for Defendant
Yao Wei Yeo

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: May ___, 2011.

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Honorable William Alsup
United States District Court Judge

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A PROFESSIONAL LAW CORPORATION

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285 Hamilton Avenue, Suite 300
PALO ALTO, CALIFORNIA 94301
[phone]

THOITS, LOVE, HERSHBERGER & McLEAN

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259537.001/280541

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STIPULATION