Facebook, Inc. v. Studivz, Ltd et al

Filing 86

MOTION for Sanctions Against StudiVZ LTD., Holtzbrinck Ventures GMBH and Holtzbrinck Networks GMBH Pursuant to Civil L.R. 7-1 and 37-2 filed by Facebook, Inc.. Motion Hearing set for 3/3/2009 10:00 AM in Courtroom 2, 5th Floor, San Jose. (Attachments: # 1 Proposed Order)(Gray, Thomas) (Filed on 1/27/2009)

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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: [phone] 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., HOTLZBRINCK NETWORKS GmBH, HOLTZBRINCK VENTURES GmBH, and DOES 1-25, Defendants.

Case No. 5:08-cv-03468 JF [PROPOSED] ORDER SANCTIONING DEFENDANTS FOR DISCOVERY ABUSES Date: Time: Room: Judge: March 3, 2009 10:00 a.m. Courtroom 2, 5th Floor Honorable Magistrate Judge Howard R. Lloyd, for Discovery Purposes

[PROPOSED] ORDER SANCTIONING DEFENDANTS FOR DISCOVERY ABUSES CASE NO.: 5:08-CV-03468

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The Court, having considered Facebook, Inc.'s ("Facebook") Motion For Sanctions Against Defendants StudiVZ Ltd., Holtzbrinck Ventures GmbH and Holtzbrinck Networks GmbH for Discovery Abuses, the declarations filed in support thereof, and the records on file in this action, hereby orders as follows: IT IS HEREBY ORDERED that Defendants compensate Facebook for costs and attorneys' fees incurred in attending and participating in meet and confer conferences that took place on December 23, 2008, December 30, 2008 and January 6, 2009 as well as costs and attorneys' fees incurred in the preparation of Facebook's Motion to Compel Discovery Responses filed January 27, 2009. Facebook shall file its evidence in support of the amount no later than _____________________. IT IS FURTHER ORDERED that a negative inference be drawn regarding discovery withheld by Defendants. Facebook is to be placed in the position in which it would have been had that discovery been entirely favorable to it. IT IS FURTHER ORDERED that a Special Master be assigned to all future discovery events, cost to be borne by Defendants, including meet and confer conferences and any depositions of Defendants' witnesses. IT IS SO ORDERED.

Honorable Howard R. Lloyd United States Magistrate Judge

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[PROPOSED] ORDER SANCTIONING DEFENDANTS FOR DISCOVERY ABUSES CASE NO.: 5:08-CV-03468

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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 27, 2009. Dated: January 27, 2009. Respectfully submitted, /s/ Thomas J. Gray Thomas J. Gray

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FACEBOOK'S MOTION FOR EXPEDITED DISCOVERY RE: PERSONAL JURISDICTION

CASE NO.: 5:08-CV-03468