Facebook, Inc. v. John Does 1-10

Filing 3

NOTICE OF MOTION AND MOTION FOR LEAVE TO TAKE DISCOVERY ON ACCRETIVE TECHNOLOGY GROUP, INC. AND FCI, INC. filed by Facebook, Inc. Motion Hearing set for 8/14/2007 10:00 AM in Courtroom 2, 5th Floor, San Jose. (Delehunt, Lisa) (Filed on 7/3/2007) Text modified on 7/9/2007 to conform to document caption post by counsel (bw, COURT STAFF).

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Facebook, Inc. v. John Does 1-10 Doc. 3 Case 5:07-cv-03404-HRL Document 3 Filed 07/03/2007 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 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 DISCOVERY ON ACCRETIVE TECHNOLOGY GROUP, INC. AND FCI, INC. Date: Time: Dept.: Before: August 14, 2007 10:00 a.m. 2, 5th Floor Honorable Howard R. Lloyd 14 v. 15 16 17 18 19 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: PLEASE TAKE NOTICE that on August 14, 2007, at 10:30 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 Discovery on Accretive Technology Group, Inc. ("Accretive") and FCI, Inc. NOTICE OF MOTION AND MOTION FOR LEAVE TO TAKE DISCOVERY CASE NO. C-07-03404 HRL Dockets.Justia.com Case 5:07-cv-03404-HRL Document 3 Filed 07/03/2007 Page 2 of 2 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 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. The data revealing the identity of the person or entity behind these unlawful attempts is in Accretive's possession and could easily be deleted, overwritten, or otherwise destroyed. Furthermore, apart from the information on Accretive's server, Facebook does not have any other reasonable means to learn the identity of IP Address 216.127.50.20. Facebook has good cause to proceed with its discovery on Accretive and FCI, Inc., pursuant to Rule 26(d), since its case will not proceed without the information that is currently in Accretive's possession. 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: July 3, 2007 PERKINS COIE LLP By: /s/ Lisa D. Olle Attorneys for Plaintiff FACEBOOK, INC. 2 NOTICE OF MOTION AND MOTION FOR LEAVE TO TAKE DISCOVERY CASE NO. C-07-03404 HRL 91004-1100/LEGAL13373318.1

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