Facebook, Inc. v. Studivz, Ltd et al

Filing 137

OBJECTIONS to re 131 Declaration in Support by Studivz, Ltd, Holtzbrinck Networks GmbH, Holtzbrinck Ventures GmbH. (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 studiVZ Ltd., Holtzbrinck Networks GmbH, and Holtzbrinck Ventures GmbH

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37106-00002/1682252.1

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., HOLTZBRINCK NETWORKS GmbH, HOLTZBRINCK VENTURES GmbH, and DOES 1-25, Defendants.

Case No. 5:08-CV-03468 JF Assigned To: Hon. Jeremy Fogel OBJECTIONS TO DECLARATION OF ANNETTE HURST IN SUPPORT OF MEMORANDUM IN OPPOSITION TO DEFENDANTS' MOTION FOR ADMINISTRATIVE RELIEF

Complaint Filed: July 18, 2008

OBJECTION TO DECLARATION OF ANNETTE HURST

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 March 27, 2009 Declaration of Annette Hurst (the "Declaration") submitted by plaintiff Facebook, Inc. ("Facebook") in support of Facebook's Opposition to StudiVZ's Motion for Administrative Relief, on the following grounds: 1. It is untimely. The opposition to the Motion for Administrative Relief was due on

March 24, 2009. Ms. Hurst is Facebook's counsel. There is no showing of grounds for submitting her declaration late; 2. It is duplicative of other evidence already submitted in the case, including

specifically the Declaration of Julio Avalos filed in support of Facebook's Motion for Sanctions (Docket No. 78) and Exhibit A to the Declaration of Julio Avalos filed in support of Facebook's January 22, 2009 Motion to Enlarge Time (which is the Reporter's Transcript of the December 16, 2008 hearing before Magistrate Judge Lloyd) (Docket No. 78-2); and 3. In paragraph 5 of her Declaration, Ms. Hurst purports to characterize the

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

Reporter's Transcript of what was said during the December 16, 2008 hearing of Defendants' Motion for Protective Order. That Reporter's Transcript speaks for itself and is the best evidence of what was said. Defendants would simply respectfully request the Court to read it rather than rely on counsel's statements about what was said.

DATED: March 27, 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

37106-00002/1682252.1

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OBJECTION TO DECLARATION OF ANNETTE HURST

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37106-00002/1682252.1

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EVIDENTIARY OBJECTIONS TO DECLARATION OF JULIO C. AVALOS