Facebook, Inc. v. Studivz, Ltd et al

Filing 89

Declaration of Thomas J. Gray in Support of 88 MOTION to Compel Complete Interrogatory Responses and Documetn Production from StudiVZ LTD, Holtzbrinck Venture GMBH and Holtzbrinck Networks filed byFacebook, Inc.. (Related document(s) 88 ) (Gray, Thomas) (Filed on 1/27/2009)

Facebook, Inc. v. Studivz, Ltd et al

Doc. 89

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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 DECLARATION OF THOMAS J. GRAY IN SUPPORT OF FACEBOOK'S MOTION TO COMPEL STUDIVZ LTD., HOLTZBRINCK VENTURES GMBH AND HOLTZBRINCK NETWORKS GMBH TO FULLY RESPOND TO INTERROGATORIES AND TO PRODUCE DOCUMENTS AND THINGS PURSUANT TO CIVIL L.R. 7-1 AND 37-2 Date: March 3, 2009 Time: 10:00 a.m. Room: Courtroom 2, 5th Floor Judge: Honorable Magistrate Judge Howard R. Lloyd, for Discovery Purposes

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DECLARATION OF THOMAS J. GRAY IN SUPPORT OF MOTION TO COMPEL DISCOVERY

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 Compel StudiVZ Ltd., Holtzbrinck Ventures GmbH and Holtzbrinck Networks GmbH to Permit Inspection of Documents and Things Pursuant to Civil L.R. 7-1 and 37-2. 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 a January 6, 2009 meet and confer session, I discussed with Defendants'

counsel, Steven Smith, the upcoming depositions of two "personal jurisdiction" witnesses that StudiVZ and the Holtzbrinck Defendants had agreed to produce, Messrs. Brehm and Weber. I expressed concern that, given that the parties were at a significant impasse with respect to the scope of personal jurisdiction discovery, the depositions would be an unnecessary waste of time, money and resources. During the call, Mr. Smith stated that he would allow his witnesses to discuss StudiVZ's accessing of Facebook for "commercial purposes." I believed we had reached an agreement as to the scope of deposition testimony. The next day, I wrote Mr. Smith an email to confirm our agreement. At that point, Mr. Smith stated that it was his opinion that no agreement was reached during the prior day's meet and confer session. With an obvious disagreement as to the issue, I do not understand why Mr. Smith boarded the plane to Germany. 3. I have reviewed the Declaration of Julio C. Avalos filed in support of Facebook's

motion to compel. Mr. Avalos's descriptions of the meet and confer sessions in which I participated seem accurate based on my recollection and contemporaneous notes. I declare, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge.

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DECLARATION OF THOMAS J. GRAY IN SUPPORT OF MOTION TO COMPEL DISCOVERY

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Executed this 27th day of January, at Irvine, California.

/s/ Thomas J. Gray Thomas J. Gray

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DECLARATION OF THOMAS J. GRAY IN SUPPORT OF MOTION TO COMPEL DISCOVERY

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OHS West:260595206.1

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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DECLARATION OF THOMAS J. GRAY IN SUPPORT OF MOTION TO COMPEL DISCOVERY