Facebook, Inc. v. Studivz, Ltd et al

Filing 79

Declaration of Thomas J. Gray in Support of 77 MOTION for Extension of Time to File Response/Reply as to 42 MOTION to Dismiss for Lack of Personal Jurisdiction or, in the alternative, for Forum Non Conveniens, 41 MOTION to Dismiss for Lack of Personal Jurisdiction or, in the alternat MOTION for Extension of Time to File Response/Reply as to 42 MOTION to Dismiss for Lack of Personal Jurisdiction or, in the alternative, for Forum Non Conveniens, 41 MOTION to Dismiss for Lack of Personal Jurisdiction or, in the alternat filed byFacebook, Inc.. (Attachments: # 1 Exhibit A)(Related document(s) 77 ) (Gray, Thomas) (Filed on 1/23/2009)

Facebook, Inc. v. Studivz, Ltd et al

Doc. 79

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I. NEEL CHATTERJEE (State Bar No. 173985) [e-mail] JULIO C. AVALOS (STATE BAR NO. 255350) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: 650-614-7401 THOMAS J. GRAY (STATE BAR NO. 191411) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 4 Park Plaza Suite 1600 Irvine, CA 92614-2558 Telephone: [phone] Facsimile: 949-567 6710 Attorneys for Plaintiff FACEBOOK, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

FACEBOOK, INC., Plaintiff, v. STUDIVZ LTD., HOLTZBRINCK NETWORKS GmbH, HOLTZBRINCK VENTURES GmbH AND DOES 1-25, Defendants.

Case No. 5:08-cv-03468 JF SUPPLEMENTAL DECLARATION OF THOMAS J. GRAY IN SUPPORT OF FACEBOOK'S MOTION TO ENLARGE TIME PURSUANT TO L.R. 6-3 Room: Courtroom 3, 5th Floor Judge: Honorable Jeremy Fogel

OHS West:260585655.2

SUPPLEMENTAL DECL OF THOMAS J. GRAY IN SUPPORT OF MOTION TO ENLARGE TIME PURSUANT TO L.R. 6-3

Dockets.Justia.com

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I, Thomas J. Gray, 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 to Enlarge Time Pursuant to L.R. 6-3. 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. During the week of January 19, through and including January 22, 2009, the

Parties met and conferred regarding the timing of Defendants' motions to dismiss. Attached as Exhibit A is a true and correct copy of an email string in which Defendants' counsel, Steven Smith, recognizes that Facebook likely will win its request for jurisdictional discovery as to Defendant StudiVZ. 3. Despite their concessions that Facebook is permitted to conduct discovery as to

issues that go to the merits if they are intertwined with jurisdiction issues, Defendants have failed to produce any such documents and refused to have their witnesses testify as to those issues. Defendants' actions will be the subject of a motion to compel that Facebook soon will file, likely for a March 3, 2009 hearing date before Judge Lloyd. 4. I have read the declaration of Julio Avalos filed in support of Facebook's Motion

to Enlarge Time Pursuant to L.R. 6-3. Mr. Avalos participated on all of the meet and confer telephone calls I had with Mr. Smith in December and on January 6, 2009. Mr. Avalos also took extensive notes during these calls. His descriptions of the events are accurate and consistent with my recollection and my notes. I declare, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed this 23rd day of January 2009, Menlo Park, California.

/s/ Thomas J. Gray Thomas J. Gray

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SUPPLEMENTAL DECL OF THOMAS J. GRAY IN SUPPORT OF MOTION TO ENLARGE TIME PURSUANT TO L.R. 6-3

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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 January 23, 2009. Dated: January 23, 2009. Respectfully submitted, /s/ Thomas J. Gray Thomas J. Gray

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SUPPLEMENTAL DECL OF THOMAS J. GRAY IN SUPPORT OF MOTION TO ENLARGE TIME PURSUANT TO L.R. 6-3