Facebook, Inc. v. Studivz, Ltd et al

Filing 162

Declaration of Julio C. Avalos in Support of 161 Memorandum in Opposition, filed byFacebook, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 161 ) (Avalos, Julio) (Filed on 5/26/2009)

Facebook, Inc. v. Studivz, Ltd et al

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I. NEEL CHATTERJEE (State Bar No. 173985) [e-mail] JULIO C. AVALOS (STATE BAR NO. 255350) javalo [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: 650-614-7401 THOMAS J. GRAY (STATE BAR NO. 191411) [e-mail] m ORRICK, HERRINGTON & SUTCLIFFE LLP 4 Park Plaza Suite 1600 Irvine, CA 92614-2558 Telephone: [phone] Facsimile: 949-567 6710 Attorneys for Plaintiff FACEBOOK, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

FACEBOOK, INC., Plaintiff, v. STUDIVZ LTD., HOLTZBRINCK NETWORKS GmbH, HOLTZBRINCK VENTURES GmbH, DENNIS BEMMANN, MICHAEL BREHM, AND DOES 1-25, Defendants.

Case No. 5:08-cv-03468 JF DECLARATION OF JULIO C. AVALOS IN SUPPORT OF FACEBOOK INC.'S OPPOSITION TO DEFENDANTS' MOTION TO QUASH THIRD-PARTY SUBPOENAS Judge: . Honorable Judge Lloyd

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I, Julio C. Avalos, declare as follows: 1. I am an attorney with the law firm of Orrick, Herrington & Sutcliffe LLP, counsel

for Plaintiff Facebook, Inc. ("Facebook"). I make this Declaration in support of Facebook's Opposition to Defendants' Motion To Quash Facebook's Third-Party Subpoenas. I am an active member in good standing of the California State Bar. Except as set forth herein, I have personal knowledge of the facts stated herein and if called as a witness, could and would competently testify thereto. 2. requests. 3. On March 3, 2009, I accompanied my colleague Tom Gray to the hearing before On October 14, 2008, Facebook served its first set of jurisdictional discovery

Judge Lloyd on Facebook's Motion to Compel Discovery Responses to Facebook's First Round of Jurisdictional Discovery. A true and correct copy of excerpts from the hearing transcript is attached hereto as Exhibit A. 4. On May 8, 2009, I, along with my assistant Abby Ako-Nai, drafted and served ten

third-party subpoenas upon defense counsel, Stephen S. Smith. At the time, I was aware that the Federal Rules of Civil Procedure required that any subpoenas requiring the production of documents be served upon Mr. Smith prior to their being served on the third-parties. Accordingly, I supervised Ms. Ako-Nai's preparation of the subpoena and service documents, which were deposited in the mail at approximately 3:30 p.m. that day. 5. 6. 7. 8. 9. 10. 11. 20, 2009. 12. Taylor Mingos was served with a Subpoena To Appear for Deposition on May 20, -1DECLARATION OF JULIO C. AVALOS No. 5:08-CV-03468 JF

Xilinx Corporation was hard-served on May 8, 2009 at 4:05 p.m. Shoeboxed.com was served on May 11, 2009. Intetics Co. was served on May 12, 2009 at 1:28 p.m. Gordon Brebner was served on May 21, 2009. Spreadshirt, Inc. was served on May 11, 2009. Phil James-Roxby was served on May 12, 2009 at 5:35 p.m. Taylor Mingos was served with a Subpoena for Production of Documents on May

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2009. 13. 20, 2009. 14. 2009. 15. True and correct copies of these subpoenas are attached hereto as Exhibit B. Tobias Walter was served with a Subpoena To Appear for Deposition on May 20, Tobias Walter was served with a subpoena for Production of Documents on May

I declare, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed this 26th day of May, at Menlo Park, California.

/s/ Julio C. Avalos /s/ JULIO C. AVALOS

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DECLARATION OF JULIO C. AVALOS No. 5:08-CV-03468 JF

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: May 26, 2009

CERTIFICATE OF SERVICE I hereby certify that this document(s) filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non registered participants on May 26, 2009. Respect fully submitted, /s/ Julio C. Avalos /s/ Julio C. Avalos

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DECLARATION OF JULIO C. AVALOS No. 5:08-CV-03468 JF