Facebook, Inc. v. Studivz, Ltd et al

Filing 109

OBJECTIONS to re 90 Declaration in Support,, Evidentiary Objections to January 27, 2009 Declaration of Avalos (Docket No. 90) by Studivz, Ltd, Holtzbrinck Networks GmbH, Holtzbrinck Ventures GmbH. (Walker, William) (Filed on 2/25/2009)

Facebook, Inc. v. Studivz, Ltd et al

Doc. 10

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GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP

STEPHEN S. SMITH (SBN 166539) [e-mail] WILLIAM M. WALKER (SBN 145559) [e-mail] AARON J. MOSS (SBN 190625) [e-mail] GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP 1900 Avenue of the Stars, 21st Floor Los Angeles, California 90067-4590 Telephone: [phone] Fax: [phone] Attorneys for Defendants studiVZ Ltd., Holtzbrinck Networks GmbH, and Holtzbrinck Ventures GmbH UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION FACEBOOK, INC., Plaintiff, v. STUDIVZ LTD., HOLTZBRINCK NETWORKS GmbH, HOLTZBRINCK VENTURES GmbH, and DOES 1-25, Defendants. Case No. 5:08-CV-03468 JF Assigned To: Hon. Jeremy Fogel EVIDENTIARY OBJECTIONS TO DECLARATION OF JULIO C. AVALOS Date: Time: Dept./Place: March 3, 2009 10:00 a.m. Courtroom 2, 5th Floor Hon. Howard R. Lloyd

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37106-00002/1677794.2

1900 Avenue of the Stars, 21st Floor Los Angeles, California 90067 4590 -

Complaint Filed: July 18, 2008

EVIDENTIARY OBJECTIONS TO DECLARATION OF JULIO C. AVALOS

Dockets.Justia.com

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GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP

Defendants StudiVZ Ltd., Holtzbrinck Networks GmbH, and Holtzbrinck Ventures GmbH (collectively, "Defendants") hereby object to the January 27, 2009 Declaration of Julio C. Avalos (the "Declaration") submitted by plaintiff Facebook, Inc. ("Facebook") in support of Facebook's Motion to Compel Defendants to Fully Respond to Interrogatories and to Produce Documents and Things Pursuant to Civil L.R. 7-1 and 37-1, as follows: 1. Defendants object to the entirety of Paragraph 5 of the Declaration,

including the attached Exhibit 1, on the grounds of lack of proper authentication, lack of personal knowledge by either Mr. Avalos or the author of the article he references, and on the grounds that it constitutes inadmissible hearsay. 2. Defendants object to the entirety of Paragraph 6 of the Declaration, including the attached Exhibit 2, on the grounds of lack of proper authentication, lack of personal knowledge by either Mr. Avalos or the author of the webpage he references, and on the grounds that it constitutes inadmissible hearsay. 3. Defendants object to the entirety of Paragraph 7 of the Declaration, including the attached Exhibit 3, on the grounds of lack of personal knowledge, lack of foundation, lack of proper authentication, and on the grounds that it constitutes inadmissible hearsay. 4. Defendants object to the entirety of Paragraph 8 of the Declaration, including the attached Exhibit 4, on the grounds of lack of proper authentication, lack of personal knowledge by either Mr. Avalos or the author of the article he references, and on the grounds that it constitutes inadmissible hearsay. 5. Defendants object to the entirety of Paragraph 13 of the Declaration, including the attached Exhibit 8, on the grounds of lack of foundation and lack of proper authentication. 6. Defendants object to the entirety of Paragraph 39 of the Declaration,
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1900 Avenue of the Stars, 21st Floor Los Angeles, California 90067 4590 -

including the attached Exhibit 11, on the grounds of lack of foundation and lack of
37106-00002/1677794.2

EVIDENTIARY OBJECTIONS TO DECLARATION OF JULIO C. AVALOS

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proper authentication. 7. Defendants object to the entirety of Paragraph 40 of the Declaration, including the attached Exhibit 12, on the grounds of lack of foundation and lack of proper authentication. 8. Defendants object to the entirety of Paragraph 41 of the Declaration, including the attached Exhibit 13, on the grounds of lack of foundation and lack of proper authentication.

DATED: February 25, 2008

GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP By: /s Stephen S. Smith . STEPHEN S. SMITH Attorneys for Defendants studiVZ Ltd., Holtzbrinck Networks GmbH, and Holtzbrinck Ventures GmbH

37106-00002/1677794.2

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EVIDENTIARY OBJECTIONS TO DECLARATION OF JULIO C. AVALOS