Miller v. Facebook, Inc. et al

Filing 77

MOTION for Administrative Relief, Pursuant to Civil Local Rule 7-11, To Allow Supplementation of the Record Pertaining to Facebook, Inc.'s Motion to Dismiss Pursuant to Rule 41(B), F.R.C.P. filed by Daniel M. Miller. (Attachments: # 1 Affidavit Declaration of Brian D. Hancock In Support of Plaintiff's Motion for Administrative Relief, # 2 Exhibit Exhibit (MSA Second Page), # 3 Proposed Order Proposed Order Granting Plaintiff's Motion for Administrative Relief)(Hancock, Brian) (Filed on 9/9/2010)

Miller v. Facebook, Inc. et al

Doc. 77 Att. 1

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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, AL 35203 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Plaintiff, DANIEL M. MILLER

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION DANIEL M. MILLER, Plaintiff, vs. FACEBOOK, INC. and YAO WEI YEO, Defendants. ) ) ) ) ) ) ) ) ) ) ) CASE NO.: CV-10-264 (WHA) DECLARATION OF BRIAN D. HANCOCK IN SUPPORT OF PLAINTIFF'S MOTION FOR ADMINISTRATIVE RELIEF

DECLARATION OF BRIAN D. HANCOCK IN SUPPORT OF PLAINTIFF'S MOTION FOR ADMINISTRATIVE RELIEF CV-10-264 (WHA) PAGE 1

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I, Brian D. Hancock, declare as follows: 1. My name is Brian D. Hancock. I am over eighteen years of age and am competent

to testify about the matters set forth herein. I have personal knowledge of the matters set forth herein. 2. I am an attorney at Heninger Garrison Davis, LLC, 2224 1st Avenue North,

Birmingham, Alabama 35203, a law firm representing Plaintiff Daniel M. Miller in the abovestyled litigation. 3. On June 10, 2010, the Plaintiff served a subpoena duces tecum on UPS Store 5865

in New York, New York, which was responded to by UPS on June 18th by providing a "Mailbox Service Agreement" ("MSA") and "Application for Delivery of Mail Through Agent" form evidencing Yeo's opening of Mailbox 246 at UPS Store 5865 on March 21, 2010. 4. These documents were attached as an exhibit to Plaintiff's Response in Opposition

to Facebook's Motion (Dkt. No. 72-1) that was filed with the Court on August 26, 2010. 5. The first page of the MSA was produced to undersigned counsel's office in

response to the Plaintiff's subpoena. Upon calling the UPS Store, shortly after this production, to inquire as to whether all responsive documents had been produced, undersigned counsel's office was informed by UPS that a full production had been made. 6. On September 7, 2010, undersigned counsel's office again contacted UPS Store

5865 to inquire as to whether a full production had been made in response to the June 10th subpoena. As a result of this inquiry, a second page of the MSA previously overlooked by UPS was faxed to undersigned counsel's office on that same date, September 7th, as is evident from the fax signature at the bottom of the page. On that same date, September 7th, a PDF copy of Page 2 of the MSA was forwarded to counsel for Facebook via electronic mail.
DECLARATION OF BRIAN D. HANCOCK IN SUPPORT OF PLAINTIFF'S MOTION FOR ADMINISTRATIVE RELIEF CV-10-264 (WHA) PAGE 2

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7.

Plaintiff's counsel has conferred with counsel for Defendant Facebook, Inc.,

explaining the circumstances as set forth herein and seeking a stipulation as to the relief requested, but Facebook has failed to so stipulate. I declare under penalty of perjury that the foregoing is true and correct.

September 9, 2010 Date

/s/ Brian D. Hancock_________________ Brian D. Hancock

DECLARATION OF BRIAN D. HANCOCK IN SUPPORT OF PLAINTIFF'S MOTION FOR ADMINISTRATIVE RELIEF CV-10-264 (WHA) PAGE 3