Facebook, Inc. v. Studivz, Ltd et al

Filing 85

Declaration of William M. Walker in Support of 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 byStudivz, Ltd, Holtzbrinck Networks GmbH, Holtzbrinck Ventures GmbH. (Related document(s) 83 ) (Walker, William) (Filed on 1/27/2009)

Facebook, Inc. v. Studivz, Ltd et al

Doc. 8

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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., , HOLTZBRINCK NETWORKS GmbH, HOLTZBRINCK VENTURES GmbH, and DOES 1-25, Defendants. Case No. 5:08-CV-03468 JF Assigned To: Hon. Jeremy Fogel DECLARATION OF WILLIAM M. WALKER IN SUPPORT OF DEFENDANTS' MOTION FOR SANCTIONS DUE TO FACEBOOK'S CANCELLATION OF DEPOSITIONS AFTER DEFENSE COUNSEL HAD ALREADY FLOWN TO GERMANY [Notice of Motion and Memorandum of Points and Authorities, and Declaration of Stephen S. Smith (with exhibits), and (Proposed) Order filed concurrently] Date: Time: Dept./Place: March 3, 2009 10:00 a.m. Courtroom 2, 5th Floor Hon. Howard R. Lloyd

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37106-00002/1673920.1

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

Complaint Filed: July 18, 2008

WALKER DECLARATION IN SUPPORT OF DEFENDANTS' MOTION FOR SANCTIONS

Dockets.Justia.com

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GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP

DECLARATION OF WILLIAM WALKER I, William M. Walker, declare: 1. I am an attorney at law duly licensed to practice in the State of

California and before the United States District Court for the Northern District of California, and am a partner at Greenberg Glusker Fields Claman & Machtinger LLP, counsel of record for Defendants StudiVZ Ltd., Holtzbrinck Networks GmbH, and Holtzbrinck Ventures GmbH ("Defendants"). I have personal knowledge of the facts set forth herein and, if called as a witness, could and would testify competently thereto under oath. This declaration is submitted in connection with Defendants' motion for sanctions due to Facebook's cancellation of two depositions after defense counsel had already traveled to Germany to attend them. 2. On December 30, 2008, during a meet and confer conversation I had

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

with Tom Gray, Mr. Gray asked me whether Messrs. Weber and Brehm were being produced pursuant to Rule 30(b)(6). Facebook had previously served Rule 30(b)(6) notices, but had voluntarily withdrawn them back in November 2008. For that reason, I said that the witnesses were not formally being produced under Rule 30(b)(6), but I added that the witnesses were, in fact, the persons most knowledgeable about personal jurisdiction and forum and would be prepared to testify about any topics related thereto. I declare under penalty of perjury under the laws of the State of California and the United States that the foregoing is true and correct, and that this declaration was executed in Los Angeles, California on January 27, 2009. /s William Walker William Walker
37106-00002/1673920.1

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WALKER DECLARATION IN SUPPORT OF DEFENDANTS' MOTION FOR SANCTIONS