Facebook, Inc. v. Studivz, Ltd et al

Filing 164

Declaration of Julio C. Avalos in Support of 163 MOTION to Compel Further Discovery Responses to Facebook's Second Round of Discovery to Defendants filed byFacebook, Inc.. (Attachments: # 1 Exhibit A Part 1, # 2 Exhibit A Part 2, # 3 Exhibit B)(Related document(s) 163 ) (Avalos, Julio) (Filed on 5/26/2009)

EXHIBIT B

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 March 3, 2009 at 10:09 a.m. before The Honorable Howard R. Lloyd, United States Magistrate Judge, Courtroom 2, Fifth Floor. APPEARANCES: ON BEHALF OF PLAINTIFF: Julio C. Avalos, Esq. Thomas J. Gray, Esq. ORRICK, HERRINGTON & SUTCLIFFE, LLP 1000 Marsh Road Menlo Park, CA 94043 Phone: [phone] Fax: [phone] E-mail: [e-mail] E-mail: [e-mail] ON BEHALF OF DEFENDANTS: Stephen S. Smith, Esq. GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER, LLP 1900 Avenue of the Stars, 21st Floor Los Angeles, CA 90067 Phone: [phone] Fax: [phone] E-mail: [e-mail] CASE NO. 5:08-CV-03468 JF

Facebook, Inc. v. Studivz Ltd., et al.

3/3/2009

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compliment Ms. Hurst. THE COURT: MR. SMITH: Oh, go ahead. Ms. Hurst and I had very good

discussions about the meet and confer, and that's why the last time we were here we represented to Your Honor we had come to agreement on virtually every issue. The problems with these particular requests, these particular requests were not written with Calder v. Jones or the issues in the case really in mind. THE COURT: It often happens that in deciding

discovery disputes, I in effect re-write the requests so that they say what I think is fair or appropriate as opposed to what they literally say. What I'm struggling with right now is to decide whether to give him anything or nothing. I'm

not inclined to give him nothing, I'm inclined to give him something, and I'm struggling to define a something in a way that's reasonable. MR. SMITH: I understand. My proposal is

that he -- that access is okay if it is for the purpose of copying the design, look, feel, whatever other word we want to use, of Facebook's own website, and as long as it is limited to a fair group of people and a fair amount of time, meaning a particular period of time. If we go beyond that, we start getting into
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