Miller v. Facebook, Inc. et al

Filing 139

Declaration of Andrew P. Holland in Support of 138 Stipulation for Order Shortening Time to Hear Motion to Set Aside Default filed byYao Wei Yeo. (Related document(s) 138 ) (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)
DECLARATION OF ANDREW P.
HOLLAND IN SUPPORT OF
STIPULATED REQUEST FOR ORDER
SHORTENING TIME PURSUANT TO
LOCAL RULE 6-2 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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I, Andrew P. Holland, declare as follows:

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1.

I am an attorney at law, duly licensed to practice before this court and all courts of

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the State of California, and am a shareholder with the law firm of Thoits, Love, Hershberger &

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McLean, attorneys for defendant Yao Wei Yeo. I am one of the attorneys responsible for this

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action.

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2.

Counsel for Yao Wei Yeo and Daniel M. Miller have reached a stipulation with

regard to time modifications for Mr. Yeo’s motion to set aside default.
3.

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

259537.001/280569

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DECLARATION

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

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

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

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defendant’s request to set aside the underlying default in an efficient manner, in advance of the

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

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the same time, on the date now set for plaintiff’s motion for entry of default judgment.

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Defendant Yao Wei Yeo’s motion to set aside the default would otherwise be heard on 35 days

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notice, which would result in a hearing date after the hearing on the plaintiff’s motion and after

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A PROFESSIONAL LAW CORPORATION

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

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

date May 19, 2011. Defendant Yao Wei Yeo only recently learned of this motion, as more fully

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THOITS, LOVE, HERSHBERGER & McLEAN

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the date of the Pre-Trial conference, which the parties believe is not efficient or expeditious.

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4.

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

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

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

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and deadlines.

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4.

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

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

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

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impact 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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5.

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

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

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general appearance, submit to the jurisdiction of this court or waive any defense that this court

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

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summons and complaint. Defendant Yao Wei Yeo expressly reserves said defenses.

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I declare under penalty of perjury under the laws of the State of California that the

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DECLARATION

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foregoing is true and correct, and that this Declaration is executed on May 4, 2011 in Palo Alto,

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California.

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s/ Andrew P. Holland
Andrew P. Holland

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A PROFESSIONAL LAW CORPORATION

11
285 Hamilton Avenue, Suite 300
PALO ALTO, CALIFORNIA 94301
[phone]

THOITS, LOVE, HERSHBERGER & McLEAN

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259537.001/280569

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DECLARATION