Facebook, Inc. v. John Does 1-10

Filing 18

Facebook, Inc. v. John Does 1-10

Doc. 18

Case 5:07-cv-03404-HRL

Document 18

Filed 09/20/2007

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James McCullagh, pro hac vice [e-mail] Joesph Cutler, pro hac vice [e-mail] PERKINS COIE LLP 1201 Third Avenue, Suite 4800 Seattle, WA 98101 Telephone: [phone] Facsimile: 206.359.9000 David P. Chiappetta, Bar No. 172099 [e-mail] Lisa D. Olle, Bar No. 228551 [e-mail] PERKINS COIE LLP Four Embarcadero Center, Suite 2400 San Francisco, CA 94111-4131 Telephone: [phone] Facsimile: 415.344.7050 Attorneys for Plaintiff FACEBOOK, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

FACEBOOK, INC., a Delaware corporation, Plaintiff,

Case No. C-07-03404 HRL DECLARATION OF LISA D. OLLE IN SUPPORT OF EX PARTE APPLICATION FOR HEARING ON FACEBOOK, INC.'S MOTION FOR LEAVE TO TAKE FURTHER DISCOVERY, TO ISSUE LETTERS ROGATORY, AND TO CONTINUE CASE MANAGEMENT CONFERENCE Date: Time: Dept.: Before: October 23, 2007 10:00 a.m. 2, 5th Floor Honorable Howard R. Lloyd

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DECLARATION OF LISA D. OLLE CASE NO. C-07-03404 HRL
91004-1100/LEGAL13567757.1

JOHN DOES 1-10, individuals; and JOHN DOES 11-20, corporations, Defendants.

I, Lisa D. Olle, declare as follows:

Dockets.Justia.com

Case 5:07-cv-03404-HRL

Document 18

Filed 09/20/2007

Page 2 of 2

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1.

I am over 18 years of age and make this Declaration based upon personal

knowledge of the facts set forth below except as to those matters stated on information and belief, and as to those matters, I believe them to be true. If called upon to testify, I could and would testify competently as to the matters set forth herein. 2. I am an attorney licensed to practice law under the laws of the State of California

and am an associate with the law firm of Perkins Coie LLP, attorneys for Plaintiff Facebook, Inc. ("Facebook") in the above-captioned matter. This declaration is filed in support of Facebook's Application for an Order Shortening Time submitted herewith to have its Motion for Leave to Take Further Discovery, to Issue Letters Rogatory, and to Continue Case Management Conference ("Application") heard by this Court as soon as the Court's calendar permits. 3. Time is of the essence in this case since the identities of the John Doe defendants

that are unlawfully accessing Facebook's website are likely in the possession of third-parties, Look Communications Inc. ("Look") and Rogers Cable Communications Inc. ("Rogers"). 4. Apart from the information on Look's and Rogers' servers, Facebook does not have

any other reasonable means to learn the identity of the persons controlling IP Address 216.127.50.20 during the period in which this IP address accessed Facebook's computer system without authorization. 5. On behalf of Facebook, I respectfully request the Court to set this Motion for Leave

to Take Further Discovery, to Issue Letters Rogatory, and to Continue Case Management Conference as soon as the Court's calendar permits. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 20th day of September 2007 at San Francisco, California.

/S/ Lisa D. Olle

DECLARATION OF LISA D. OLLE CASE NO. C-07-03404 HRL
91004-1100/LEGAL13567757.1