Miller v. Facebook, Inc. et al

Filing 48

MOTION to Continue May 27, 2010 Case Management Conference filed by Facebook, Inc.. (Attachments: # 1 Proposed Order Proposed Order Granting Motion to Continue CMC, # 2 Affidavit Declaration of Theresa A. Sutton in Support of Motion for Administrative Relief to Continue CMC)(Sutton, Theresa) (Filed on 5/19/2010)

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I. NEEL CHATTERJEE (STATE BAR NO. 173985) [e-mail] THOMAS GRAY (STATE BAR NO. 191411) [e-mail] THERESA A. SUTTON (STATE BAR NO. 211857) [e-mail] JULIO C. AVALOS (STATE BAR NO. 4476370) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: 650-614-7401 Attorneys for Defendant FACEBOOK, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

DANIEL M. MILLER, Plaintiff, v. FACEBOOK, INC. and YAO WEI YEO, Defendants.

Case No. 5:10-CV-00264 (WA) DECLARATION OF THERESA A. SUTTON IN SUPPORT OF FACEBOOK, INC.'S MOTION FOR ADMINISTRATIVE RELIEF, PURSUANT TO CIVIL LOCAL RULE 7-11, FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE Date: Time: Court: Judge: May 27, 2010 8:00 A.M. Courtroom 9, 19th Floor Honorable William Alsup

SUTTON DECL. IN SUPP. OF FACEBOOK'S MOTION FOR ADMIN RELIEF TO CONTINUE CMC 5:10-CV-00264 (WA)

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I, Theresa A. Sutton, declare as follows: 1. I am an associate with the law firm of Orrick, Herrington & Sutcliffe, counsel for

Defendant Facebook, Inc. in this action, and a member of the Bar of the State of California. I make this declaration in support of Facebook's Motion for Administrative Relief to continue the May 27, 2010 Case Management Conference. I make this declaration of my own personal knowledge and, if called as a witness, I could and would testify competently to the truth of the matters set forth herein. 2. On May 18, 2010, plaintiff's counsel contacted Facebook to meet and confer

pursuant to Fed.R.Civ.P. 16. On May 19, 2010, Facebook asked plaintiff's counsel to stipulate to the requested continuance until the Court resolves the currently-pending Motion for Leave to Amend Complaint. Facebook contends that a case management conference is premature. Plaintiff disagrees and, thus, refused to stipulate to a continuance. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 19th day of May 2010, at Menlo Park, California.

/s/ Theresa A. Sutton /s/ Theresa A. Sutton

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SUTTON DECL. IN SUPP. OF FACEBOOK'S MOTION FOR ADMIN RELIEF TO CONTINUE CMC 5:10-CV-00264 (WA)