Miller v. Facebook, Inc. et al

Filing 150

DECLARATION of Andrew P. Holland in Opposition to 147 Opposition/Response to Motion for Entry of Default filed byYao Wei Yeo. (Related document(s) 147 ) (Holland, Andrew) (Filed on 5/19/2011)

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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

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NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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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DANIEL M. MILLER,
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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1.

DECLARATION OF ANDREW P.
HOLLAND IN OPPOSITION TO
PLAINTIFF DANIEL M. MILLER’S
MOTION FOR ENTRY OF DEFAULT
Date: June 9, 2011
Time: 2:00 p.m.
Courtroom: 9, 19th Floor
Judge: Hon. William Alsup

I, Andrew P. Holland, declare as follows:

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No. 3:10-CV-00264 (WHA)

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 a shareholder with the law firm of Thoits, Love, Hershberger &

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McLean, attorneys for defendant Yao Wei Yeo (“Yeo”). I am one of the attorneys responsible

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for this action.

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2.

Since the time that Yeo retained my law firm on April 14, 2011 and met with me

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for the first time on April 27, 2011, attorneys at my firm have worked diligently to investigate the

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claims against Yeo and prepare the instant opposition and motion to set aside the entry of default.

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3.

As stated in the Points and Authorities in Support of the Motion to Set Aside

259537.001/281313
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DECLARATION OF ANDREW P. HOLLAND IN SUPPORT OF OPPOSITION TO PLAINTIFF DANIEL
M. MILLER’S MOTION FOR ENTRY OF DEFAULT

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Default, I believe that Yeo has viable defenses against plaintiff’s claims for copyright

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infringement. This belief is supported by the expert declaration of David Crane previously filed

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in this action, which Yeo has requested that the Court take Judicial Notice of pursuant to Rule 201

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of Federal Rules of Evidence, and the Declaration of Yao Wei Yeo filed herewith.

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4.

On April 28, 2011 I spoke with Mr. Miller’s counsel, Brian Hancock, and

request given the fact that only a few weeks earlier, on April 12, 2011, Mr. Hancock had advised

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Yeo by email that he should retain an attorney to appear in the action to both discuss settlement

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and present evidence to defend against Mr. Miller’s claim. Notwithstanding his recent invitation

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A PROFESSIONAL LAW CORPORATION

could avoid the time and expense of the instant motion. I believe that this was a reasonable

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

requested that Mr. Miller stipulate to set aside the entry of default against Yeo so that the parties

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THOITS, LOVE, HERSHBERGER & McLEAN

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to Yeo to participate in the lawsuit, Mr. Hancock e-mailed me on April 28, 2011 that Mr. Miller

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would not stipulate to set aside the entry of default.

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

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foregoing is true and correct, and that this Declaration is executed on May 19, 2011 in Palo Alto,

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California.

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s/ Andrew P. Holland
Andrew P. Holland

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259537.001/281313
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DECLARATION OF ANDREW P. HOLLAND IN SUPPORT OF OPPOSITION TO PLAINTIFF DANIEL
M. MILLER’S MOTION FOR ENTRY OF DEFAULT