Twitter, Inc. v. Skootle Corp. et al

Filing 42

Declaration of Charles T. Graves in Support of 41 MOTION Motion to Serve Foreign Defendants by Alternative Means filed byTwitter, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 41 ) (Graves, Charles) (Filed on 6/6/2012)

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DAVID H. KRAMER, State Bar No. 168452
CHARLES T. GRAVES, State Bar No. 197923
RIANA S. PFEFFERKORN, State Bar No. 266817
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiff
Twitter, Inc.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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TWITTER, INC., a Delaware corporation,
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Plaintiff,
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v.
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SKOOTLE CORP., a Tennessee corporation; JL4 )
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WEB SOLUTIONS, a Philippines corporation;
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JUSTIN CLARK, an individual, d/b/a
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TWEETBUDDY.COM; JAMES KESTER, an
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individual; JAYSON YANUARIA, an
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individual; JAMES LUCERO, an individual; and )
GARLAND E. HARRIS, an individual,
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)
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Defendants.
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CASE NO.: 3:12-CV-01721 SI
DECLARATION OF CHARLES T.
GRAVES IN SUPPORT OF
PLAINTIFF’S NOTICE OF MOTION
AND MOTION TO SERVE FOREIGN
DEFENDANTS BY ALTERNATIVE
MEANS
Date:
Time:
Dept:
Before:

Thursday, July 12, 2012
9:00 AM
Courtroom 10, 19th Floor
Honorable Susan Illston

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DECLARATION OF CHARLES T. GRAVES
ISO NOTICE OF MOTION AND MOTION
TO SERVE BY ALTERNATIVE MEANS

CASE NO.: 3:12-CV-01721 SI

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I, Charles T. Graves, declare as follows:

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1.

I am an attorney at law duly admitted to practice in the State of California and

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before this Court. I am a partner at Wilson Sonsini Goodrich & Rosati PC, counsel of record for

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Plaintiff. I am over 18 years of age and have personal knowledge of the matters set forth in this

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declaration. If called as a witness, I could and would testify competently to them. I provide this

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declaration in support of Plaintiff’s Notice of Motion and Motion to Serve Foreign Defendants

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by Alternative Means.

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2.

Plaintiff’s Complaint against Defendants Jayson Yanuaria (“Yanuaria”) and JL4

Web Solutions (“JL4”) (collectively, “Foreign Defendants”) was filed on April 5, 2012. (ECF
No. 1).

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3.

The Summonses were issued on April 5, 2012. (ECF No. 3).

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4.

Plaintiff made two unsuccessful attempts to serve the Foreign Defendants with

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copies of the respective Summons, the Complaint, and other documents, by mail that the clerk

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addressed and sent to the Foreign Defendants and that required a signed receipt, pursuant to

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Federal Rule of Civil Procedure 4(f)(2)(C)(ii).

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5.

Plaintiff made these service attempts at addresses Plaintiff gathered in the course

of an investigation Plaintiff conducted prior to filing the Complaint.
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Based on the information gathered in that investigation, at the times it attempted

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service, Plaintiff believed that Yanuaria and JL4 maintained and were associated with the

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respective physical addresses in the Philippines at which Plaintiff attempted to serve them.

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7.

Plaintiff has no information about any other physical addresses currently

associated with either Yanuaria or JL4.
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Based on information gathered in the pre-filing investigation, Plaintiff believes

that Yanuaria is married to a woman named Maria “Lou” Lourdes Macabasco-Yanuaria.
9.

Based on information gathered in the pre-filing investigation and subsequent

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investigative efforts, Plaintiff believes that Yanuaria is associated with certain email addresses

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including but not limited to [e-mail], [e-mail], and

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[e-mail].
DECLARATION OF CHARLES T. GRAVES
ISO NOTICE OF MOTION AND MOTION
TO SERVE BY ALTERNATIVE MEANS

-1-

CASE NO.: 3:12-CV-01721 SI

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10.

Plaintiff further believes that Yanuaria has recently been using these email

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addresses to communicate with TweetAttacks customers, and that he continues to use these email

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addresses for TweetAttacks-related business purposes to the present day.

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Defendant returned the receipt submitted with the respective mailing.

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12.

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Following the second attempted service by mail, on June 1, 2012, Plaintiff

received a signed return receipt, attached as Exhibit A, for the mailing sent to Yanuaria.

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On the first occasion when Plaintiff attempted service by mail, neither Foreign

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The signature on the return receipt, dated May 21, 2012, is neither Yanuaria’s

name nor his spouse’s, but rather appears to be “Mary Sharpe,” followed by an illegible second
surname.

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14.

Plaintiff has no information linking Yanuaria to an individual by that name.

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15.

Plaintiff has never received the return receipt submitted with the second mailing

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The United States Postal Service (“USPS”) tracking records for the receipts

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to JL4.

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submitted respectively with the two JL4 mailings, attached as Exhibit B, show no tracking

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information for either of the mailings after they left the USPS sort facility in San Francisco.

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17.

On May 15, 2012, Plaintiff initiated an inquiry with USPS regarding the

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disposition of the May 3, 2012 mailing, and was told by the responding USPS agent to expect

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around 60 days’ wait for the results of the inquiry.

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I declare under penalty of perjury under the laws of the United States of America that the

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foregoing is true and correct and that this declaration is executed the 6th day of June, 2012, at

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New York, New York.

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/s Charles T. Graves
Charles T. Graves

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DECLARATION OF CHARLES T. GRAVES
ISO NOTICE OF MOTION AND MOTION
TO SERVE BY ALTERNATIVE MEANS

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CASE NO.: 3:12-CV-01721 SI