Xiaoning et al v. Yahoo! Inc, et al

Filing 10

Declaration of DANIEL M. PETROCELLI in Support of 9 MOTION to Shorten Time ON ITS MOTION FOR AN EARLY CASE MANAGEMENT CONFERNECE AND ORDER filed byYahoo! Inc.. (Related document(s) 9 ) (Petrocelli, Daniel) (Filed on 6/21/2007)

Xiaoning et al v. Yahoo! Inc, et al

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Case 4:07-cv-02151-CW

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Filed 06/21/2007

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DANIEL M. PETROCELLI ( s.^. #9702) ^etrocelli t^,omm.com MATTHEW T. KLINE (s.^. #2^ 1640) mkhne í^^,a^nm.com

O'MELVENY & MYERS LLP 1999 Avenue Of The Stars Los Angeles, California 90067-6035 Main Number: [phone] Facsimile : [phone] Attorneys for Defendant YAHOO!, INC. and Specially Appearing Defendant YAHOO! HOLDINGS (HONG KONG), LTD. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION WANG XIAONING, YU LING, SHI TAO, and ADDITIONAL PRESENTLY tNNAMED AND TO BE IDENTIFIED INDIVIDUALS, Plaintiff, v. YAHOO!, INC., a Delaware Corporation, YAHOO! HOLDINGS (HONG KONG), LTD., a Foreign Subsidiary of Yahoo!, ALIBABA.COM, INC. a Delaware Corporation , AND OTHER PRESENTLY ÚNNAMED AND TO BE IDENTIFIED INDIVIDUAL EMPLOYEES OF SAID CORPORATIONS, Defendant. Case No. C07-02151 CW DECLARATION OF DANIEL M. PETROCELLI IN SUPPORT OF DEFENDANT YAHOO!, ING'S MOTION TO SHORTEN TIME ON ITS MOTION FOR AN EARLY CASE MANAGEMENT CONFERENCE AND ORDER Judge: Hon. Claudia Wilken

I, DANIEL M. PETROCELLI, declare:

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I am a partner ín the law firm of O'Melveny & Myers, LLP, attorney of record for

defendant Yahoo!, Inc. ("Yahoo!") and specially appearing for defendant Yahoo! Holdings (Hong Kong ), Ltd. I am lead counsel for Yahoo ! in this case . I submit this declaration, pursuant to Civil Local Rule 7-11, in support of Defendant Yahoo!, Inc.'s Motion To Shorten Tíme On Its Motion For An Early Case Management Conference And Order. Except where indicated otherwise, I have personal knowledge of the facts stated herein and, íf called as a witness , I could and would testify competently thereto.
C07-02151 CW DECL. OF DANIEL M. PETROCELLI ISO YAHOO!'S MOT. TO SHORTEN TIME

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Pursuant to this Court's June 19, 2007, order, defendants' response to plaintiffs'

amended complaint ís due July 27, 2007. The Court set this due date pursuant to a stípulatíon agreed upon by the parties. In the declaration accompanying that stípulatíon, I stated that Yahoo! would be advancing a "proposal to have an early case management conference in this case and to request a schedule to address sequentially certain threshold matters, such as the question whether YHKL is subject to jurisdiction ín this case." 3. In a motion filed today-Defendant Yahoo!, Inc's Motion For An Early Case

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Management Conference And Order ("CMO Motion"}-Yahoo! seeks such a case management conference and schedule. 4. We have requested that a hearing on our CMO Motion be held July 2, 2007-i. e.,

on shortened time. 5. Pursuant to Cívíl Local Rule 7-11(a), my associate, Matthew Kline, asked

plaintiffs' counsel, Morton Sklar, whether they opposed our requests to shorten time on our CMO Motion. Mr. Sklar responded: "Plaintiffs have indicated that they object to both the Defendants' Motion seeking a special case management conference, and to the Defendants' request for an early (July 2) date for a hearing on that Motion, on the grounds that, first, these requests are at variance with the new timetable ordered by the Court, and more specifically with the justification given by the Defendants for requesting changes ín that timetable, and second, because ít is premature to raise the matters the Defendants seek to address before the Court before the regular ADR and case management process takes place." ^. July 2ís the last day that I am available before leaving on a family vacation

abroad. The vacation, planned long ago and including many extended family members, ends on July 22. Monday, July 23, is my first day back to work. I advised Mr. Sklar about my vacation plans when I proposed to him this case management approach, when he and I first spoke earlier this month. After Mr. Sklar said he would not support such an approach, I requested an initial extension of time, which was granted after some negotiation. I made clear to Mr. Sklar, as set forth ín our joint stipulation to the Court, that Yahoo! sá11 intended to promptly present a motion

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DECL. OF DANIEL M. PETROCELLI ISO YAHOOi'S MOT. TO SHORTEN TIME

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to the Court regarding our proposed case management approach. I declare under penalty of perjury under the laws of the United States that the foregoing ís true and correct. Executed in Los Angeles, California on this 21st day of June 2007.

Daniel M. Petrocellí

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DECL. OF DANIEL M. PETROCELLI ISO YAHOO!'S MOT. TO SHORTEN TIME

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