Facebook, Inc. v. Studivz, Ltd et al

Filing 136

Declaration of Martin Weber in Support of 133 Reply Memorandum,,,, 132 Reply Memorandum,, filed byStudivz, Ltd, Holtzbrinck Networks GmbH, Holtzbrinck Ventures GmbH. (Attachments: # 1 Signature Page (Declarations/Stipulations) Signature, # 2 Exhibit Exhibit L, # 3 Exhibit Exhibit M)(Related document(s) 133 , 132 ) (Walker, William) (Filed on 3/27/2009)

Facebook, Inc. v. Studivz, Ltd et al

Doc. 13

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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 Holtzbrinck Networks GmbH, Holtzbrinck Ventures GmbH and StudiVZ Ltd. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

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37106-00002/1681494.1

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, Defendant.

Case No. 5:08-CV-03468 JF Assigned To: Hon. Jeremy Fogel SUPPLEMENTAL DECLARATION OF MARTIN WEBER IN SUPPORT OF DEFENDANTS' MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND FORUM NON CONVENIENS; EXHIBITS L-M [Reply Briefs; Supplemental Declarations of Stephen S. Smith and William M. Walker (and Exhibits Thereto) Filed Concurrently] Date: April 10, 2009 Time: 9:00 a.m. Place: Courtroom 3 Complaint Filed: July 18, 2008

SUPPLEMENTAL DECLARATION OF MARTIN WEBER IN SUPPORT OF MOTIONS TO DISMISS

Dockets.Justia.com

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GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP

DECLARATION OF MARTIN WEBER I, MARTIN WEBER, declare: 1. The facts set forth in this declaration are personally known to me and I have

firsthand knowledge thereof. If called as a witness, I could and would testify competently to the facts set forth herein under oath.

2.

I am currently, and have been since April 2006, a managing director of defendant

Holtzbrinck Ventures GmbH ("Ventures"). When Ventures and Holtzbrinck Networks GmbH ("Networks") acquired StudiVZ, I was a managing director of both Ventures and Networks. When I was a managing director of Networks, I had access to the books and records of Networks, including those related to Networks' purchase of its ownership interest in StudiVZ. As a managing director of Ventures, I had and have access to the books and records of Ventures, including those related to Ventures' purchase of its ownership interest in StudiVZ. I make this declaration in support of Networks' and Ventures' mo t ion to dismiss for lack of personal jurisdiction, or, in the alternative, for forum non conveniens, the complaint filed by plaintiff Facebook, Inc. ("Facebook").

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

3.

Attached hereto as "Exhibit L" is a true and correct redacted copy of a December 18, 2006

letter from Soren Erdmann to Michael Brehm, a copy of which was sent to me.

4.

Attached hereto as " Exhibit M" is a true and correct redacted copy of the Sale and Purchase

Agreement between Networks and Ventures, on the one hand, and StudiVZ, on the other hand, by which Ventures and Networks acquired ownership of StudiVZ

I declare under penalty o f perjury under the laws of the United States of America that the foregoing is true and correct. Executed on this ____th day of March, 2009, at Stuttgart, Germany.

Martin Weber
37106-00002/1681494.1

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SUPPLEMENTAL DECLARATION OF MARTIN WEBER IN SUPPORT OF MOTIONS TO DISMISS