Miller v. Facebook, Inc. et al

Filing 53

MOTION Plaintiff's Local Counsel to Attend the Initial Case Management Conference filed by Daniel M. Miller. (Attachments: # 1 Stipulation, # 2 Proposed Order)(Hancock, Brian) (Filed on 5/21/2010)

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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] DOUGLAS L. BRIDGES (pro hac vice) HENINGER GARRISON DAVIS, LLC 1 Glenlake Parkway, Suite 700 Atlanta, Georgia 30328 Telephone: [phone] Facsimile: [phone] [e-mail] BRIAN D. HANCOCK (pro hac vice) HENINGER GARRISON DAVIS, LLC 2224 1st Avenue North Birmingham, Alabama 35203 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Plaintiff, DANIEL M. MILLER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) ) ) ) ) ) ) )

CASE NO.: CV-10-264 (WHA)

DANIEL M. MILLER,
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PLAINTIFF DANIEL M. MILLER'S
MOTION FOR ADMINISTRATIVE RELIEF, PURSUANT TO CIVIL LOCAL RULE 7-11, TO ALLOW LOCAL COUNSEL FOR THE PLAINTIFF ATTEND THE INITIAL CASE MANAGEMENT CONFERENCE

Plaintiff, vs. FACEBOOK, INC. and YAO WEI YEO, Defendants.

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PLAINTIFF'S MOTION FOR ADMINISTRATIVE RELIEF TO ALLOW LOCAL COUNSEL FOR THE PLAINTIFF ATTEND THE INITIAL CASE MANAGEMENT CONFERENCE CV-10-264 (WHA)

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COMES NOW Plaintiff Daniel M. Miller ("Plaintiff"), pursuant to Civil Local Rule 711(a), and moves this Honorable Court to excuse lead trial counsel for the Plaintiff, Brian D. Hancock and Douglas L. Bridges, from attending the Initial Case Management Conference in this

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action scheduled for May 27, 2010. In support thereof, Plaintiff states the following: 1. Division. 2. Plaintiff's lead trial counsel, Brian D. Hancock and Douglas L. Bridges, are This action was originally filed in the Northern District of Georgia, Atlanta

attorneys who reside, and regularly practice law, in Birmingham, Alabama and Atlanta, Georgia, respectively. When this action was transferred to the Northern District of California, the Plaintiff obtained D. Gill Sperlein of San Francisco as local counsel for the Plaintiff. 3. The Plaintiff's Motion for Leave to Amend Complaint (Dkt. No. 44) was filed on

April 14, 2010 and provided for a hearing date of May 27, 2010, as set forth in the style of the
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motion. Due to the costs and time involved in flying from Alabama or Georgia to California, and the presence of highly-qualified local counsel in San Francisco knowledgeable as to the facts and law at issue in this action, including those efforts made by the Plaintiff to locate and serve Defendant Yeo Wei Yeo with the complaint, counsel for the Plaintiff had agreed that Mr. Sperlein alone would attend the hearing and oral argument on Plaintiff's Motion for Leave to Amend Complaint. 4. On April 15th, the Clerk of Court noticed the rescheduling of the Initial Case

Management Conference from April 15, 2010, to May 27, 2010. Civil Local Rule 16-10(a) requires lead trial counsel for each party to attend the Initial Case Management Conference unless excused by the Court.

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PLAINTIFF'S MOTION FOR ADMINISTRATIVE RELIEF TO ALLOW LOCAL COUNSEL FOR THE PLAINTIFF ATTEND THE INITIAL CASE MANAGEMENT CONFERENCE CV-10-264 (WHA)

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5.

Mr. Hancock and Mr. Bridges have conferred with Mr. Sperlein to discuss all

calendaring issues, including those set forth in the Joint Case Management Statement (Dkt. No. 51) filed on May 20, 2010, and have authorized Mr. Sperlein to make any calendaring decisions

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that may arise during the Initial Case Management Conference. 6. Plaintiff's counsel has conferred with lead counsel for Defendant Facebook, Inc.,

and defense counsel has no objection to Mr. Sperlein attending the Initial Case Management Conference without Mr. Hancock or Mr. Bridges being present. Pursuant to Civil Local Rules 711(a) and 7-12, a stipulation to that effect is attached hereto as is a proposed order excusing Mr. Hancock and Mr. Bridges from attending the Initial Case Management Conference. WHEREFORE PREMISES CONSIDERED, the Plaintiff respectfully seeks the relief herein requested and all other relief deemed appropriate and just by the Court. Dated: May 21, 2010 Respectfully submitted,

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s/ Brian D. Hancock BRIAN D. HANCOCK (pro hac vice) HENINGER GARRISON DAVIS, LLC 2224 1st Avenue North Birmingham, Alabama, 35203 Telephone: [phone] Facsimile: [phone] Email: [e-mail] s/ Douglas L. Bridges DOUGLAS L. BRIDGES (pro hac vice) HENINGER GARRISON DAVIS, LLC 1 Glenlake Parkway, Suite 700 Atlanta, Georgia 30328 Telephone: [phone] Facsimile: 678-638-6142 Email: [e-mail] ATTORNEYS FOR PLAINTIFF

PLAINTIFF'S MOTION FOR ADMINISTRATIVE RELIEF TO ALLOW LOCAL COUNSEL FOR THE PLAINTIFF ATTEND THE INITIAL CASE MANAGEMENT CONFERENCE CV-10-264 (WHA)