Facebook, Inc. v. John Does 1-10

Filing 20

Notice of Motion and Motion for Leave to Take Further Discovery, to Issue Letter Rogatory, and to Continue Case Management Conference filed by Facebook, Inc.. Motion Hearing set for 10/23/2007 10:00 AM in Courtroom 2, 5th Floor, San Jose. (Olle, Lisa) (Filed on 9/20/2007) Text modified on 9/21/2007 (bw, COURT STAFF).

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Facebook, Inc. v. John Does 1-10 Doc. 20 Case 5:07-cv-03404-HRL Document 20 Filed 09/20/2007 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 James McCullagh, pro hac vice jmccullagh@perkinscoie.com Joesph Cutler, pro hac vice jcutler@perkinscoie.com PERKINS COIE LLP 1201 Third Avenue, Suite 4800 Seattle, WA 98101 Telephone: 206.359.8000 Facsimile: 206.359.9000 David P. Chiappetta, Bar No. 172099 dchiappetta@perkinscoie.com Lisa D. Olle, Bar No. 228551 lolle@perkinscoie.com PERKINS COIE LLP Four Embarcadero Center, Suite 2400 San Francisco, CA 94111-4131 Telephone: 415.344.7000 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 NOTICE OF MOTION AND 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 19 v. 20 21 22 23 24 25 26 27 28 JOHN DOES 1-10, individuals; and JOHN DOES 11-20, corporations, Defendants. TO DEFENDANTS AND THEIR ATTORNEYS OF RECORD: NOTICE OF MOTION AND MOTION FOR LEAVE TO TAKE DISCOVERY CASE NO. C-07-03404 HRL 91004-1100/LEGAL13565020.1 Dockets.Justia.com Case 5:07-cv-03404-HRL Document 20 Filed 09/20/2007 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLEASE TAKE NOTICE that on October 23, 2007, at 10:00 a.m., in Department Two, Fifth Floor of the Northern District of California, San Jose Division, 280 South First Street, San Jose, CA 95113, before the Honorable Howard R. Lloyd, plaintiff Facebook, Inc. ("Facebook") will and hereby does move this Court, pursuant to Federal Rule of Civil Procedure 26(d), on the grounds that there is good cause for the Court to grant Facebook's Motion for Leave to Take Further Discovery, to Issue Letters Rogatory, and to Continue Case Management Conference. Facebook filed its complaint on June 28, 2007 alleging that the John Doe defendants unlawfully accessed its website on 200,000 occasions in violation of the Computer Fraud and Abuse Act, 18 U.S.C. 1030 and the California Comprehensive Data Access and Fraud Act, Cal. Penal Code 502(c). Facebook, relying on publicly available information, researched the identity of the IP address and learned that IP Address 216.127.50.2 was unlawfully accessing its proprietary computer system. On July 13, 2007, the Court granted Facebook's Ex Parte Motion, in part, for leave to take discovery on Accretive Technology Group, Inc. ("Accretive"), based on Facebook's good faith belief that Accretive had data in its possession revealing the identity of the person or entity behind these unlawful attempts. Subsequently, Facebook served a subpoena on Accretive, pursuant to Rule 45 of the Federal Rules of Civil Procedure. In response to this subpoena, Accretive provided Facebook with server logs indicating that IP addresses belonging to Look and Rogers were the sources of the scripted attacks occurring on Facebook's computer system. On September 6, 2007, Facebook sent preservation letters to both Look and Rogers requesting that they preserve all logs, records, data, and other information relating to these IP addresses. Apart from the information on Look's and Rogers' servers, Facebook does not have any other reasonable means to learn the identities of these IP addresses. Facebook has good cause to proceed with its discovery on Look and Rogers, pursuant to Rule 26(d), since its case will not proceed without the information currently in Rogers' and Look's possession. /// /// 2 NOTICE OF MOTION AND MOTION FOR LEAVE TO TAKE DISCOVERY CASE NO. C-07-03404 HRL 91004-1100/LEGAL13565020.1 Case 5:07-cv-03404-HRL Document 20 Filed 09/20/2007 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The motion will be based upon this notice of motion and motion, the attached points and authorities, the files and records of this action, and any further evidence and argument that the Court may receive at or before the hearing. DATED: September 20, 2007 PERKINS COIE LLP By: /s/ Lisa D. Olle Attorneys for Plaintiff FACEBOOK, INC. 3 NOTICE OF MOTION AND MOTION FOR LEAVE TO TAKE DISCOVERY CASE NO. C-07-03404 HRL 91004-1100/LEGAL13565020.1

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