Facebook, Inc. v. Studivz, Ltd et al

Filing 123

Declaration of Julio C. Avalos in Support of 122 MOTION to Stay Facebook's L.R. 6-3 Motion to Stay Hearing filed byFacebook, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Related document(s) 122 ) (Avalos, Julio) (Filed on 3/20/2009)

EXHIBIT A

Hearing

12/16/2008 Page 1

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ________________________________________________________ FACEBOOK, INC., Plaintiff, v. STUDIVZ LTD., HOLTZBRINK NETWORKS GMBH, HOLTZBRINK VENTURES GMBH and DOES 1-25, Defendants. ________________________________________________________ The above-styled cause came on for hearing on December 16, 2008 at 10:31 a.m. before The Honorable Howard R. Lloyd, United States Magistrate Judge, Courtroom 2, Fifth Floor. CASE NO. 5:08-CV-03468 JF

APPEARANCES: ON BEHALF OF PLAINTIFF: ORRICK, HERRINGTON & SUTCLIFFE, LLP By Annette L. Hurst 1000 Marsh Road Menlo Park, CA 94043 ON BEHALF OF DEFENDANTS: GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER, LLP By Stephen S. Smith 1900 Avenue of the Stars Suite 2100 Los Angeles, CA 90067

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Hearing

12/16/2008 Page 2

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THE CLERK:

Let's see, Facebook and StudiVZ. Facebook

I probably didn't pronounce that right. against a bunch of German entities. MS. HURST:

Good morning, Your Honor, Annette

Hurst from Orrick for plaintiff Facebook. MR. SMITH: Good morning, Your Honor, Stephen

Smith, Greenberg Glusker on behalf of StudiVZ, Holtzbrinck Ventures and Holtzbrinck Networks. THE COURT: Hello, counsel. The defendants

move for a protective order.

They want to stay

discovery that's unrelated to personal jurisdiction issues raised in their motions to dismiss until those motions are resolved, and they want to preclude Facebook from using in the German action any discovery obtained in the instant lawsuit. the first one first. As I understand it, the defendants agree that if, in the course of investigating personal jurisdiction, that discovery would also go to the merits, that that wouldn't be a problem. MR. SMITH: THE COURT: That's correct, Your Honor. Okay. So, your objection is to And we'll talk about

discovery which is solely, you say, directed at merits at this time? MR. SMITH: That's correct, Your Honor.

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