Miller v. Facebook, Inc. et al

Filing 85

MOTION for Protective Order filed by Daniel M. Miller. (Attachments: # 1 Affidavit Declaration of Brian D. Hancock in Support of Plaintiff's Motion for Entry of Protective Order, # 2 Proposed Order Exhibit A)(Hancock, Brian) (Filed on 11/19/2010)

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

PLAINTIFF DANIEL M. MILLER'S
MOTION FOR ENTRY OF PROTECTIVE ORDER Pursuant to Civil Local Rule 7-1(b), the Plaintiff requests Determination of this Motion without Oral Argument. In the Alternative, Date: January 6, 2011 Time: 8:00 A.M. Judge: Honorable William Alsup, Courtroom 9, 19th Floor
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PLAINTIFF'S MOTION FOR ENTRY OF PROTECTIVE ORDER CV-10-264 (WHA)

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NOTICE OF MOTION TO DEFENDANT FACEBOOK, INC., AND ITS COUNSEL OF RECORD: PLEASE TAKE NOTICE THAT, pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the Plaintiff does hereby move this Court for Entry of the Protective Order attached hereto. Pursuant to Civil Local Rule 7-1(b), the Plaintiff requests that this Motion be Determined without Oral Argument. Should the Court deny this request, then pursuant to Civil Local Rule 72(a), the hearing on this Motion is set for January 6, 2011 at 8:00 A.M. before the Honorable William Alsup in Courtroom 9 on the 19th Floor of this Court at 450 Golden Gate Avenue, San Francisco, California. MOTION FOR ENTRY OF PROTECTIVE ORDER COMES NOW Plaintiff Daniel M. Miller ("Plaintiff"), pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, and moves this Honorable Court to enter the proposed Protective Order attached hereto as Plantiff's Exhibit "A", and states the following: 1. Since August 30, 2010, the Plaintiff has repeatedly conferred and corresponded

with Facebook in order to arrive at a mutually satisfactory protective order governing the production of confidential, proprietary, or private information for which special protection from public disclosure is appropriate. 2. To date, no joint motion for entry of an agreed-upon protective order has been filed

with the Court, and Facebook's dilatory approach to the entry of such an order continues to delay this process and frustrate the Plaintiff's efforts to diligently proceed with discovery in the face of rapidly approaching discovery cut-off deadlines. 3. As of November 11th, the Plaintiff and Facebook were in agreement as to the terms

of the proposed protective order, and counsel for Facebook was supposed to provide a finalized
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PLAINTIFF'S MOTION FOR ENTRY OF PROTECTIVE ORDER CV-10-264 (WHA)

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draft for undersigned counsel's review. To date, the Plaintiff has received nothing from Facebook, and the Plaintiff's requests that the parties proceed with discovery in accordance with the agreedupon terms of the proposed protective order prior to formal entry of the order by the Court (in light of approaching deadlines) has been ignored by Facebook. 4. The Court's Case Management Order dated May 27, 2010, establishes a non-expert

discovery cut-off of January 31, 2011. In the face of rapidly approaching deadlines, the Plaintiff moves the Court to enter the proposed Protective Order attached hereto that incorporates all revisions to the Court's Stipulated Protective Order for Standard Litigation form agreed upon by the parties as set forth in correspondence between the parties dated September 22nd thru November 11, 2010. WHEREFORE PREMISES CONSIDERED, the Plaintiff respectfully seeks the relief herein requested and all other relief deemed appropriate and just by the Court. Dated: November 19, 2010 Respectfully submitted, 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] ATTORNEY FOR PLAINTIFF

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PLAINTIFF'S MOTION FOR ENTRY OF PROTECTIVE ORDER CV-10-264 (WHA)