Facebook, Inc. v. Studivz, Ltd et al

Filing 173

Memorandum in Opposition re 170 MOTION to Continue July 10, 2009 Hearing on Defendants' Motions to Dismiss filed byHoltzbrinck Networks GmbH, Holtzbrinck Ventures GmbH. (Walker, William) (Filed on 6/8/2009)

Case5:08-cv-03468-JF Document173

Filed06/08/09 Page1 of 2

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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] 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 Holtzbrinck Networks GmbH and Holtzbrinck Ventures GmbH UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

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37106-00002/1691754.3

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

FACEBOOK, INC., Plaint iff, v. STUDIVZ LTD., VERLAGSGRUPPE GEORG VON HOLTZBRINCK GmbH, HOLTZBRINCK NETWORKS GmbH, HOLTZBRINCK VENTURES GmbH, and DOES 1-25, Defendants.

Case No. 5:08-CV-03468 JF Assigned To: Hon. Jeremy Fogel THE HOLTZBRINCK DEFENDANTS' OPPOSITION TO FACEBOOK INC.'S MOTION TO ENLARGE TIME

Complaint Filed: July 18, 2008

THE HOLTZBRINCK DEFENDANTS' OPPOSITION TO FACEBOOK, INC.'S MOTION TO ENLARGE TIME

Case5:08-cv-03468-JF Document173

Filed06/08/09 Page2 of 2

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GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP

Defendants Holtzbrinck Networks GmbH and Holtzbrinck Ventures GmbH (collectively, the "Holtzbrinck Defendants") hereby join in the Opposition brief filed by defendant StudiVZ Ltd. ("StudiVZ"). However, the Holtzbrinck Defendants also oppose Facebook's motion on an additional ground because they are not in exactly the same position as StudiVZ. Facebook's January 23, 2009 motion to continue the hearing of the Motions to Dismiss made no argument concerning the Holtzbrinck Defendants. The entire focus was on the then-existing disputes between Facebook and StudiVZ only. (Dkt. 77 at 1:4, 1:8-9, 1:24-25; 2:22-23, 4:9-10; 4:16-19). The Holtzbrinck Defendants opposed that motion, arguing that there was no need for a continuance of their motion to dismiss because there were no outstanding discovery disputes between them and Facebook. On January 28, 2009, the District Court ruled on Facebook's Motion to Enlarge Time: "A review of the record and the parties' papers reveals that Facebook has failed to demonstrate any reason to continue the February 13, 2009 hearing as to either defendant with respect to forum non conveniens, or as to Holtzbrinck with respect to personal jurisdiction." (Dkt. 92 at 2:15-17). The Court granted Facebook's request to file a supplemental brief, but only as to personal jurisdiction over StudiVZ and only "in light of any newly discovered material," but did not grant Facebook's request to file a supplemental opposition as to the Holtzbrinck Defendants or as to any other issue. (Id. at 2:15-22). The Court continued the hearing as to both motions to dismiss and all issues because of "judicial economy" and because a brief continuance was "unlikely to prejudice any party." (Id. at 2:18-20).1 Facebook was not permitted to use the extra time created by the continuance of the motions to dismiss to propound new discovery against the Holtzbrinck Defendants. The Holtzbrinck Defendants' motion should have already been heard. Their motion should not be continued yet again. DATED: June 8, 2009 GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP

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

By:

/s/ Stephen S. Smith . STEPHEN S. SMITH Attorneys for Defendants Holtzbrinck Networks GmbH and Holtzbrinck Ventures GmbH

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Moving the hearing date (yet again) would prejudice the Holtzbrinck Defendants if it resulted in them being subject to new discovery requests.
37106-00002/1691754.3

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THE HOLTZBRINCK DEFENDANTS' OPPOSITION TO FACEBOOK, INC.'S MOTION TO ENLARGE TIME