Facebook, Inc. v. Studivz, Ltd et al

Filing 129

Declaration of Stephen S. Smith in Support of 128 Memorandum in Opposition filed byStudivz, Ltd. (Related document(s) 128 ) (Walker, William) (Filed on 3/25/2009)

Facebook, Inc. v. Studivz, Ltd et al

Doc. 12

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GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP

STEPHEN S. SMITH (SBN 166539) SSmit [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

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

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

FACEBOOK, INC., Plaint iff, v. STUDIVZ LTD., VERLAGSGRUPPE GEORG VON HOLTZBRINCK GmbH, HOLTZBRINCK NETWORKS GmbH, HOLTZBRINCK VENTURES GmbH, and DOES 1-25, Defendants.

Case No. 5:08-CV-03468 JF Assigned To: Hon. Jeremy Fogel DECLARATION OF STEPHEN S. SMITH IN SUPPORT OF STUDIVZ'S PARTIAL OPPOSITION TO FACEBOOK'S MOTION TO STAY HEARING OF MOTIONS TO DISMISS [Partial Opposition, and Declaration of Dr. Anton G. Maurer Filed Concurrently Herewith] Complaint Filed: July 18, 2008

Declaration of Stephen S. Smith in Support of StudiVZ's Partial Opposition to Motion to Stay

Dockets.Justia.com

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GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP

DECLARATION OF STEPHEN S. SMITH

I, Stephen S. Smith declare:

1.

I am an attorney at law duly licensed to practice in the State of California and

before the United States District Court for the Northern District of California, and am a partner at Greenberg Glusker Fields Claman & Machtinger LLP, counsel of record for Defendants Holtzbrinck Networks GmbH and Holtzbrinck Ventures GmbH (together, the "Holtzbrinck Defendants") and StudiVZ Ltd. ("StudiVZ") (collectively, "Defendants"). I have personal knowledge of the facts set forth herein and, if called as a witness, could and would testify competently thereto under oath. This declaration is submitted in support of StudiVZ's Partial Opposition to Facebook's Motion to Stay Hearing.

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

2.

The discovery dispute that remains pending in the Magistrate Court relates to the

distinct minority of personal jurisdiction-related discovery that was served on StudiVZ. The facts and argument related to that issue are set forth in detail in StudiVZ's opposition to the motion to compel. (Docket Nos. 94 and 97). I do not repeat all of that here.

3.

However, Facebook argues in its Motion to Stay that StudiVZ has not produced

any "merits" discovery. That is not true. StudiVZ answered Interrogatory No. 5 and RFP No. 10, which asked for the number of users StudiVZ has that identify a California connection, which Facebook argues shows it was harmed in California. (The answer was 11,013 out of a total of over 11,768,965; i.e., less than .01%.) StudiVZ answered Interrogatory No. 13, which asked StudiVZ to describe the services that StudiVZ's websites provide, which Facebook claims infringe its website. StudiVZ answered RFP No. 27, which asked for documents concerning any /// /// ///
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Declaration of Stephen S. Smith in Support of StudiVZ's Partial Opposition to Motion to Stay

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GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP

program used to extract information from any website, including Facebook.com. The answer was "no documents."

I declare under penalty of perjury under the laws of the State of California and the United States that the foregoing is true and correct, and that this declaration was executed in Los Angeles, California on March 24, 2009. /s Stephen S. Smith Stephen S. Smith .

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

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Declaration of Stephen S. Smith in Support of StudiVZ's Partial Opposition to Motion to Stay