Facebook, Inc. v. Studivz, Ltd et al

Filing 31

Declaration in Support of 30 MOTION to Seal Document filed byFacebook, Inc.. (Related document(s) 30 ) (Avalos, Julio) (Filed on 9/30/2008)

Facebook, Inc. v. Studivz, Ltd et al

Doc. 3

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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 JULIO C. AVALOS PURSUANT TO CIVIL L.R. 7-11 AND 79-5(B) IN SUPPORT OF PLAINTIFF'S ADMINISTRATIVE MOTION TO SEAL PORTIONS OF: (1) DECLARATION OF JULIO C. AVALOS IN SUPPORT OF PLAINTIFF'S REPLY RE: PLAINTIFF'S MOTION FOR EXPEDITED PERSONAL JURISDICTION DISCOVERY AND EXHIBITS ATTACHED THERETO Date: October 14, 2008 Time: 10:00 a.m. Room: Courtroom 2, 5th Floor Judge: Honorable Magistrate Judge Howard R. Lloyd, for Discovery Purposes
DECLARATION OF JULIO C. AVALOS IN SUPPORT OF MOTION FOR EXPEDITED PERSONAL JURISDICTION DISCOVERY

OHS West:260523409.3

Dockets.Justia.com

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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. I am an active member in good standing of the California State Bar. Except as noted otherwise herein, I have personal knowledge of the facts stated and if called as a witness, could and would competently testify thereto. I make this Declaration pursuant to Civil L.R. 7-11 and 79-5(b). 2. Good cause exists for sealing certain portions of the Declaration of Julio C. Avalos

In Support of Plaintiff's Reply Re: Expedited Personal Jurisdiction Discovery and exhibits attached thereto ("Avalo s Declaration"). 3. No protective order has as yet been entered into in this matter. However, the

parties have scheduled a Rule 26 conference for October 10, 2008 during which the terms of such an order will be addressed. 4. The Avalos Declaration contains, makes reference to, and attaches confidential

information that is subject to a prior confidentiality agreement entered into by the parties to the this litigation. In light of the high profile nature of this case and the extensive media coverage it has received, Plaintiffs request that paragraph 22 of the Avalos Declaration, together with Exhibit I attached thereto, be filed under seal and be redacted from the public record. The proposed redactions are narrowly tailored to cover only a single paragraph and accompanying exhibit which discuss confidential information. 5. This Administrative Motion is being made pursuant to Civil L.R. 79-5, which

requires a Court order to seal documents and does not permit sealing by stipulation. I declare the foregoing is true and correct to the best of my knowledge. Executed this 30th day of September, at Menlo Park, California.

/s/ Julio C. Avalos /s/ Julio C. Avalos

OHS West:260523409.3

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DECLARATION OF JULIO C. AVALOS IN SUPPORT OF MOTION FOR EXPEDITED PERSONAL JURISDICTION DISCOVERY

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OHS West:260523409.3

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 30, 2008. Dated: September 30, 2008. Respect fully submitted, /s/ Julio C. Avalos /s/ Julio C. Avalos

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DECLARATION OF JULIO C. AVALOS IN SUPPORT OF MOTION FOR EXPEDITED PERSONAL JURISDICTION DISCOVERY