Facebook, Inc. v. Studivz, Ltd et al

Filing 41

MOTION to Dismiss for Lack of Personal Jurisdiction or, in the alternative, for Forum Non Conveniens filed by Holtzbrinck Networks GmbH, Holtzbrinck Ventures GmbH. Motion Hearing set for 2/13/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Appendix Case Only Available on Lexis, # 2 Proposed Order)(Walker, William) (Filed on 10/22/2008)

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GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP

STEPHEN S. SMITH (SBN 166539) [e-mail] WILLIAM M. WALKER (SBN 145559) [e-mail] AARON J. MOSS (SBN 190625) [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 StudiVZ Ltd., Holtzbrinck Networks GmbH, and Holtzbrinck Ventures GmbH 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 125, Defendants. Case No. 5:08-CV-03468 JF Assigned To: Hon. Jeremy Fogel [PROPOSED] ORDER GRANTING MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND FORUM NON CONVENIENS ON BEHALF OF HOLTZBRINCK NETWORKS GmbH AND HOLTZBRINCK VENTURES GmbH Date: February 13, 2009 Time: 9:00 a.m. Dept./Place: Courtroom 3 Complaint Filed: July 18, 2008

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

[PROPOSED] ORDER GRANTING HOLTZBRINCK COS.' MOTION TO DISMISS

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GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP

The Motion to Dismiss for Lack of Personal Jurisdiction and Forum Non Conveniens on Behalf of Holtzbrinck Networks GmbH and Holtzbrinck Ventures GmbH ("Motion") was heard at 9:00 a.m. on February 13, 2009 in Courtroom 3 of the above-entitled Court, the Honorable Jeremy Fogel, United States District Judge, presiding. Having considered the files in this case, and the papers and arguments of the parties and the parties' counsel, it is ORDERED that the Motion is GRANTED in its entirety. This forum cannot exercise personal jurisdiction over Holtzbrinck Networks GmbH and Holtzbrinck Ventures GmbH (collectively "Holtzbrinck Entities"), which are German limited liability companies with their operations in Germany and that do not have the requisite minimum contacts with California. In addition, and alternatively, California is an inconvenient forum for this case, and Germany is a much better, and an adequate, alternative forum. A lawsuit is already proceeding in Germany that covers essentially the same issues and claims that are involved here. The events that gave rise to this litigation took place in Germany, not California, and plaintiff Facebook, Inc. ("Facebook") alleges the harm to its reputation took place in Germany and other parts of Europe, not California. There is thus no local interest in having this matter resolved in California. Given such a lack of nexus between the Holtzbrinck Entities on the one hand and California on the other, the lack of nexus between Facebook's claims and California, the crowded federal dockets, the problems presented by Germanspeaking witnesses and German documents, the complex choice of law issues, and /// ///
[PROPOSED] ORDER GRANTING HOLTZBRINCK COS.' MOTION TO DISMISS

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

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GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP

the risk of inconsistent judgments, it would be an inefficient use of judicial resources for this case to proceed in California instead of in Germany. IT IS SO ORDERED. DATED: __________, 2008 __________________________ The Honorable Jeremy Fogel United States District Judge

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[PROPOSED] ORDER GRANTING HOLTZBRINCK COS.' MOTION TO DISMISS

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