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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1 2 3 4 5 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: (650) 493-9300 Facsimile: (650) 565-5100 Email: 6 7 Attorneys for Plaintiff Twitter, Inc. 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 TWITTER, INC., a Delaware corporation, 14 15 16 17 18 19 20 21 ) ) Plaintiff, ) ) v. ) ) SKOOTLE CORP., a Tennessee corporation; JL4 ) ) WEB SOLUTIONS, a Philippines corporation; ) JUSTIN CLARK, an individual, d/b/a ) TWEETBUDDY.COM; JAMES KESTER, an ) individual; JAYSON YANUARIA, an ) individual; JAMES LUCERO, an individual; and ) GARLAND E. HARRIS, an individual, ) ) ) Defendants. ) 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 22 23 24 25 26 27 28 DECLARATION OF CHARLES T. GRAVES ISO NOTICE OF MOTION AND MOTION TO SERVE BY ALTERNATIVE MEANS CASE NO.: 3:12-CV-01721 SI 1 I, Charles T. Graves, declare as follows: 2 1. I am an attorney at law duly admitted to practice in the State of California and 3 before this Court. I am a partner at Wilson Sonsini Goodrich & Rosati PC, counsel of record for 4 Plaintiff. I am over 18 years of age and have personal knowledge of the matters set forth in this 5 declaration. If called as a witness, I could and would testify competently to them. I provide this 6 declaration in support of Plaintiff’s Notice of Motion and Motion to Serve Foreign Defendants 7 by Alternative Means. 8 9 10 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). 11 3. The Summonses were issued on April 5, 2012. (ECF No. 3). 12 4. Plaintiff made two unsuccessful attempts to serve the Foreign Defendants with 13 copies of the respective Summons, the Complaint, and other documents, by mail that the clerk 14 addressed and sent to the Foreign Defendants and that required a signed receipt, pursuant to 15 Federal Rule of Civil Procedure 4(f)(2)(C)(ii). 16 17 18 5. Plaintiff made these service attempts at addresses Plaintiff gathered in the course of an investigation Plaintiff conducted prior to filing the Complaint. 6. Based on the information gathered in that investigation, at the times it attempted 19 service, Plaintiff believed that Yanuaria and JL4 maintained and were associated with the 20 respective physical addresses in the Philippines at which Plaintiff attempted to serve them. 21 22 23 24 25 7. Plaintiff has no information about any other physical addresses currently associated with either Yanuaria or JL4. 8. 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 26 investigative efforts, Plaintiff believes that Yanuaria is associated with certain email addresses 27 including but not limited to,, and 28 DECLARATION OF CHARLES T. GRAVES ISO NOTICE OF MOTION AND MOTION TO SERVE BY ALTERNATIVE MEANS -1- CASE NO.: 3:12-CV-01721 SI 1 10. Plaintiff further believes that Yanuaria has recently been using these email 2 addresses to communicate with TweetAttacks customers, and that he continues to use these email 3 addresses for TweetAttacks-related business purposes to the present day. 4 5 11. Defendant returned the receipt submitted with the respective mailing. 6 7 12. 10 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. 8 9 On the first occasion when Plaintiff attempted service by mail, neither Foreign 13. 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. 11 14. Plaintiff has no information linking Yanuaria to an individual by that name. 12 15. Plaintiff has never received the return receipt submitted with the second mailing 16. The United States Postal Service (“USPS”) tracking records for the receipts 13 14 to JL4. 15 submitted respectively with the two JL4 mailings, attached as Exhibit B, show no tracking 16 information for either of the mailings after they left the USPS sort facility in San Francisco. 17 17. On May 15, 2012, Plaintiff initiated an inquiry with USPS regarding the 18 disposition of the May 3, 2012 mailing, and was told by the responding USPS agent to expect 19 around 60 days’ wait for the results of the inquiry. 20 I declare under penalty of perjury under the laws of the United States of America that the 21 foregoing is true and correct and that this declaration is executed the 6th day of June, 2012, at 22 New York, New York. 23 /s Charles T. Graves Charles T. Graves 24 25 26 27 28 DECLARATION OF CHARLES T. GRAVES ISO NOTICE OF MOTION AND MOTION TO SERVE BY ALTERNATIVE MEANS -2- CASE NO.: 3:12-CV-01721 SI

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