Facebook, Inc. v. Studivz, Ltd et al

Filing 42

MOTION to Dismiss for Lack of Personal Jurisdiction or, in the alternative, for Forum Non Conveniens filed by Studivz, Ltd. Motion Hearing set for 2/13/2009 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Appendix Opinion only available on Lexis, # 2 Appendix Opinion only available on Lexis, # 3 Appendix Opinion only available on Lexis, # 4 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 OR, IN THE ALTERNATIVE, FOR FORUM NON CONVENIENS ON BEHALF OF STUDIVZ LTD. 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 STUDIVZ'S MOTION TO DISMISS

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GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP

The Motion to Dismiss for Lack of Personal Jurisdiction or, in the Alternative, for Forum Non Conveniens on Behalf of StudiVZ Ltd. ("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 their counsel, it is ORDERED that the Motion is GRANTED in its entirety. This forum cannot exercise personal jurisdiction over StudiVZ Ltd., which is a United Kingdom limited liability company with its operations in Germany and does 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 between the parties 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 StudiVZ and California or between Facebook's claims and California, the crowded federal dockets, the problems presented by German-speaking witnesses and German documents, the complex choice of law issues, and 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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1900 Avenue of the Stars, 21st Floor Los Angeles, California 90067 4590 -

[PROPOSED] ORDER GRANTING STUDIVZ'S MOTION TO DISMISS