Facebook, Inc. v. Studivz, Ltd et al

Filing 25

Declaration of Warrington S. Parker in Support of 24 MOTION Administrative Relief to Set Status Conference filed byFacebook, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Related document(s) 24 ) (Parker, Warrington) (Filed on 9/25/2008)

Facebook, Inc. v. Studivz, Ltd et al

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GARY E. WEISS (State Bar No. 122962) [e-mail] m 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 WARRINGTON S. PARKER (State Bar No. 148003) [e-mail] m ORRICK, HERRINGTON & SUTCLIFFE LLP 405 Howard Street San Francisco, CA 94105 Telephone: [phone] Facsimile: 415-773-5759 Attorneys for Plaintiff FACEBOOK, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

FACEBOOK, INC., Plaintiff, 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 DECLARATION OF WARRINGTON S. PARKER IN SUPPORT OF MOTION FOR ADMINISTRATIVE RELIEF PURSUANT TO CIVIL L.R. 7-11 REQUESTING THAT THE COURT SET A STATUS CONFERENCE FOR OCTOBER 3, 2008 OR AS SOON THEREAFTER AS IS POSSIBLE Room: Courtroom 3, 5th Floor Judge: Honorable District Judge Jeremy Fogel

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PARKER DECL. I S O M OTION FOR ADMINISTRATIVE RELIEF CASE NO. 5:08-cv-03468 JF

Dockets.Justia.com

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I, Warrington S. Parker, declare as follows: 1. I am an attorney with the law firm of Orrick, Herrington & Sutcliffe LLP, counsel

for Plaintiff Facebook, Inc. I make this Declaration in support of Facebook's Motion for Administrative Relief Pursuant to Civil L.R. Requesting that the Court Set a Status Conference for October 3, 2008. 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. Facebook sent a cease and desist letter to Defendants on July 9, 2008. In

response, StudiVZ sent a letter dated July 18, 2008, asserting that this Court did not have personal jurisdiction over it and warning that it would file a motion to dismiss on those and other grounds. 3. Attached as Exhibit A is a true and correct copy of Defendants' letter of July 18,

4. 3, 2008. 5. 4, 2008. 6.

Attached as Exhibit B is a true and correct copy of Facebook's letter of September

Attached as Exhibit C is a true and correct copy of Defendants' letter of September

Attached as Exhibit D is a true and correct copy of the proof of service of

Verlagsgruppe Georg von Holtzbrinck.. 7. 25, 2008. 8. Attached as Exhibit F is a true and correct copy of Facebook's letter of July 24, Attached as Exhibit E is a true and correct copy of Defendants' letter of August

9.

Attached as Exhibit G is a true and correct copy of a September 2, 2008 email

from counsel for Defendants. 10. Attached as Exhibit H is a true and correct copy of Defendants' letter of

September 18, 2008. 11. 19, 2008.
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Attached as Exhibit I is a true and correct copy of Facebook's letter of September

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PARKER DECL. ISO M OTI ON FOR ADMINISTRATIVE RELIEF CASE NO. 5:08-cv-03468 JF

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12. 24, 2008. 13.

Attached as Exhibit J is a true and correct copy of Defendants' letter of September

On August 28, Julio Avalos had a conversation with Mr. Smith. Mr. Avalos

reported that Defendants would challenge this Court's personal jurisdiction over StudiVZ. Mr. Smith also stated that he and his clients were amenable to engaging in discovery on the personal jurisdiction issue. He further stated that additional conferring was required in order to fix the scope and timeline for such discovery. Mr. Avalos attested to this conversation in his declaration filed on September 9, 2008 that he filed in support of Facebook's Motion for Expedited Discovery on Personal Jurisdiction. See Dkt. 11. A copy of that declaration, without exhibits, is attached as Exhibit K. I declare under the penalty of perjury under the laws of the United States that the foregoing is true and correct to the best of my knowledge. Executed this 25th day of September, at Menlo Park, California.

/s/ Warrington S. Parker /s/ Warrington S. Parker

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PARKER DECL. I SO M OTION FOR ADMINISTRATIVE RELIEF CASE 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 September 25, 2008. Dated: September 25, 2008. Respect fully submitted, /s/ Warrington S. Parker /s/ Warrington S. Parker

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PARKER DECL. ISO M OTI ON FOR ADMINISTRATIVE RELIEF CASE NO. 5:08-cv-03468 JF