Facebook, Inc. v. Studivz, Ltd et al

Filing 171

Declaration in Support of 170 MOTION to Continue July 10, 2009 Hearing on Defendants' Motions to Dismiss filed byFacebook, Inc.. (Attachments: # 1 Exhibit A)(Related document(s) 170 ) (Avalos, Julio) (Filed on 6/3/2009)

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 MOTION TO ENLARGE TIME PURSUANT TO CIVIL L.R. 6-3 Judge: Honorable Judge Fogel

Complaint Filed: July 18, 2008

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Dockets.Justia.com

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I, Julio C. Avalos, declare as follows: 1. I am an attorney wit h 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 Enlarge Time Pursuant to Civil Local Rule 6-3 Seeking To Continue The July 10, 2009 Hearing On Defendants' Motions to Dismiss. 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. A true and correct copy of relevant excerpts from that hearing are attached hereto as Exhibit A. 5. On March 4, 2009, Defendants responded to Facebook's Second Round of

Discovery wit h blanket objections. True and correct copies of these objections were previously filed with the Court. See Dkt. No. 164; Ex. A. 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.

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

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8.

On June 2, 2009, I emailed Defense Counsel Stephen Smith. In the email I

apprised Mr. Smith that "[g]iven Judge Lloyd's order yesterday [June 1, 2009] indicating that there is likely to be no quick resolution of the ongoing discovery disputes," Facebook believed it necessary to continue the July 10, 2009 hearing. I asked Mr. Smith whether his client would stipulate to continue the hearing. Mr. Smith responded that he would have to discuss the issue with his client. Given the time difference between California and Germany, Mr. Smith stated that he would not be able to give me an answer until the following day, i.e., June 3, 2009. Accordingly, I forestalled filing the instant Motion to Enlarge Time. On June 3, 2009, Mr. Smith wrote me an email stating that his client would not stipulate to the continuance. I declare, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed this 3rd day of June, 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

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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 June 3, 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