Facebook, Inc. v. Studivz, Ltd et al
Filing
166
Declaration of Julio C. Avalos in Support of 165 MOTION to Shorten Time Pursuant to Civil L.R. 6-3 filed byFacebook, Inc.. (Related document(s) 165 ) (Avalos, Julio) (Filed on 5/26/2009)
Facebook, Inc. v. Studivz, Ltd et al
Doc. 166
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
I. NEEL CHATTERJEE (State Bar No. 173985) nchatterjee@orrick.com JULIO C. AVALOS (STATE BAR NO. 255350) javalo s@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: 650-614-7400 Facsimile: 650-614-7401 THOMAS J. GRAY (STATE BAR NO. 191411) tgray@orrick.co m ORRICK, HERRINGTON & SUTCLIFFE LLP 4 Park Plaza Suite 1600 Irvine, CA 92614-2558 Telephone: +1-949-567-6700 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 MOTION TO SHORTEN TIME PURSUANT TO CIVIL L.R. 6-3 Judge: Honorable Judge Lloyd
OHS West:260666671.1
Dockets.Justia.com
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
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 Motion to Shorten Time Pursuant to Northern District of California Civil Local Rule 6-3. 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. On October 14, 2008, Facebook served a first round of jurisdictional discovery
requests upon Defendants StudiVZ Ltd., Holtzbrinck Networks GmbH and Holtzbrinck Ventures GmbH ("Defendants"). 3. On February 2, 2009, Facebook served a second round of jurisdictional discovery
requests upon Defendants. 4. On March 3, 2009, I accompanied my colleague Tom Gray to the hearing before
Judge Lloyd on Facebook's Motion to Compel Discovery Responses to Facebook's First Round of Jurisdictional Discovery. Defense counsel made no mention of the Second Round of Jurisdictional Discovery. 5. On March 4, 2009, Defendants responded to Facebook's Second Round of
Discovery wit h blanket objections. 6. Because oral argument on Facebook's First Motion to Compel had taken place just
the day before, Facebook's counsel thought it prudent to wait until the first discovery dispute was resolved prior to filing a second motion to compel discovery responses. Facebook believed that the Court would imminently issue an order granting Facebook's motion to compel . 7. On May 21, 2009, I telephoned Magistrate Judge Lloyd's chambers and spoke to
his deputy clerk and law clerk. The purpose of the telephone call was to inquire as to the status of the order on Facebook's first motion to compel. I was informed that the Court was "well aware" of the pending motion and that an order would be issued in due time. 8. On May 26, 2009, I met and conferred with defense counsel Stephen S. Smith and
his partner William Walker. The meet and confer took place over telephone. Mr. Smith
OHS West:260666671.1
-1-
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
represented that he and his clients continue to believe that Facebook's second round of discovery is untimely and/or precluded by the Court's previous orders. Mr. Smith also refused to stipulate to expedited briefing on Facebook's Motion to Compel or Defendants' Motion to Quash. 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
OHS West:260666671.1
-2-
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
-3-
DECLARATION OF JULIO C. AVALOS No. 5:08-CV-03468 JF
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?