Facebook, Inc. v. Studivz, Ltd et al

Filing 83

MOTION for Sanctions Against Plaintiff and Its Counsel due to Facebook's Cancellation of Depositions After Defense Counsel Had Already Flown to Germany filed by Studivz, Ltd, Holtzbrinck Networks GmbH, Holtzbrinck Ventures GmbH. Motion Hearing set for 3/3/2009 10:00 AM in Courtroom 2, 5th Floor, San Jose. (Attachments: # 1 Proposed Order)(Walker, William) (Filed on 1/27/2009)

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1 2 3 4 5 6 7 8 9 GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP STEPHEN S. SMITH (SBN 166539) SSmith@GreenbergGlusker.com WILLIAM M. WALKER (SBN 145559) WWalker@GreenbergGlusker.com AARON J. MOSS (SBN 190625) AMoss@GreenbergGlusker.com GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP 1900 Avenue of the Stars, 21st Floor Los Angeles, California 90067-4590 Telephone: 310.553.3610 Fax: 310.553.0687 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., , HOLTZBRINCK NETWORKS GmbH, HOLTZBRINCK VENTURES GmbH, and DOES 1-25, Defendants. Case No. 5:08-CV-03468 JF Assigned To: Hon. Jeremy Fogel [PROPOSED] ORDER GRANTING DEFENDANTS' MOTION FOR SANCTIONS AGAINST PLAINTIFF AND ITS COUNSEL DUE TO FACEBOOK'S CANCELLATION OF DEPOSITIONS AFTER DEFENSE COUNSEL HAD ALREADY FLOWN TO GERMANY Date: Time: Dept./Place: March 3, 2009 10:00 a.m. Courtroom 2, 5th Floor Hon. Howard R. Lloyd 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 37106-00002/1673974.1 1900 Avenue of the Stars, 21st Floor Los Angeles, California 90067 4590 - Complaint Filed: July 18, 2008 [PROPOSED] ORDER GRANTING MOTION FOR SANCTIONS 1 2 3 4 5 6 7 8 9 GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP The Motion of defendants StudiVZ Ltd., Holtzbrinck Networks GmbH, and Holtzbrinck Ventures GmbH ("Defendants") for an order for sanctions against plaintiff Facebook, Inc. ("Facebook") and its counsel Orrick, Herrington & Sutcliffe LLP ("Orrick") reimbursing Defendants for the fees and costs associated with defense counsel's travel to Germany to attend the depositions of Martin Weber and Michael Brehm, which were noticed by Facebook to take place on January 12 and 13, 2009, which Facebook's counsel then canceled after defense counsel had already traveled to Germany (the "Motion"), was heard at 10:00 a.m. on March 3, 2009 in Courtroom 2 of the above-entitled Court, the Honorable Howard R. Lloyd, United States Magistrate Judge, presiding. Having considered the files in this case, and the papers and arguments of the parties and their counsel, and for good cause shown, it is ORDERED that the Motion is GRANTED. Accordingly, Facebook and Orrick are hereby ORDERED to pay a monetary sanction to Defendants in the amount of $________________ in connection with their wrongful cancellation of the depositions. IT IS SO ORDERED. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1900 Avenue of the Stars, 21st Floor Los Angeles, California 90067 4590 - DATED: __________, 2009 _____________________________ The Honorable Howard R. Lloyd United States Magistrate Judge 37106-00002/1673974.1 1 [PROPOSED] ORDER GRANTING MOTION FOR SANCTIONS

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