Petroliam Nasional Berhad v. GoDaddy.com, Inc.

Filing 12

Memorandum in Opposition re 2 MOTION for Temporary Restraining Order -- DEFENDANT'S MEMORANDUM IN OPPOSITION TO PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER -- filed byGoDaddy.com, Inc.. (Attachments: # 1 Proposed Order)(Slafsky, John) (Filed on 12/22/2009)

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Perry R. Clark, State Bar No. 197101 Zhuanjia Gu, State Bar No. 244863 KIRKLAND & ELLIS LLP 950 Page Mill Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys For Plaintiff PETROLIAM NASIONAL BERHAD

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

PETROLIAM NASIONAL BERHAD, Plaintiff, v. GODADDY.COM, INC. Defendant.

NO. 09-CV-5939 PJH RULE 65(D) CERTIFICATION PURSUANT TO COURT'S DECEMBER 18, 2009 ORDER

Certification

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I, Perry Clark, as counsel for plaintiff Petroliam Nasional Berhad ("Petronas") provide the following certification under Fed. R. Civ. P. 65(b)(1)(B) setting forth why proof of service under Fed. R. Civ. P. 4 should not be required prior to a hearing on plaintiff's motion for a temporary restraining order: 1. Upon receipt of this Court's order on December 18, 2009 setting the hearing date on Petronas's motion for a temporary restraining order for December 23, 2009, my office arranged for a process server to serve GoDaddy at the address of its business headquarters as soon as possible. 2. We have been informed that service was completed at 3:25 pm this afternoon (December 21, 2009) and that the proof of service is being sent by Federal Express to our office, which we will file it upon receipt. 3. In addition, on December 18, 2009, I emailed defendant GoDaddy at "legal.godaddy.com" informing it of plaintiff's intention to move for a temporary restraining order. I received a response from Matthew Bilunes, Dispute Supervisor for Domain Services at GoDaddy.com, Inc. stating "Thank you for your message. After we receive the documents, we will contact you as confirmation of their arrival and advise you of what actions will be taken." 4. At 11:43 a.m. on December 18, 2009, my office emailed a complete copy of plaintiff's complaint, motion for temporary restraining order, and the supporting documents to defendant GoDadday at "legal.godaddy.com." 5. At 3:25 p.m. on December 18, 2009, my office emailed a copy of the Court's order to Mr. Bilunes and informed him that the hearing had been set for Wednesday, December 23, 2008, in the District Court in Oakland before Judge Hamilton. 6. At approximately 5 p.m., my office sent "as-filed" copies of the complaint, motion for temporary restraining order, and the Court's order by Federal Express to GoDaddy's corporate headquarters. 7. At approximately 5:30 p.m. on December 18, 2009, an attorney in my office received a telephone call from in-house counsel for GoDaddy, Kelly Lewis, and discussed the hearing date, the Court's order, and possible resolutions of the issues raised in the motion for a temporary restraining order. This attorney also sent yet another copy of all of the papers related to this motion and the

Certification

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Court's order by email to Mr. Lewis. 8. On December 21, 2009, I spoke with Mr. Lewis about the hearing and the issues between the parties. Another attorney in my office also spoke with Mr. Lewis. Mr. Lewis indicated that he had received the motion papers, complaint, and the Court's order.

Dated: December 21, 2009

_______________/s/Perry Clark________________ Perry Clark

Certification

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