Facebook, Inc. v. Guerbuez et al

Filing 8

Declaration of Thomas J. Gray in Support of 7 MOTION for Entry of Default filed byFacebook, Inc.. (Related document(s) 7 ) (Gray, Thomas) (Filed on 9/10/2008)

Facebook, Inc. v. Guerbuez et al

Doc. 8

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I. NEEL CHATTERJEE (STATE BAR NO. 173985) [e-mail] P. WAYNE HALE (STATE BAR NO. 221492) [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 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. ADAM GUERBUEZ; ATLANTIS BLUE CAPITAL; AND DOES 1-25, Defendants.

Case No. C08 03889 JF HRL DECLARATION IN SUPPORT OF REQUEST TO ENTER DEFAULT

OHS West:260506572.2

DECLARATION IN SUPPORT OF REQUEST TO ENTER DEFAULT CASE NO. C08 03889 JF HRL

Dockets.Justia.com

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I, Thomas J. Gray, declare: 1. I am an attorney with the law firm of Orrick, Herrington & Sutcliffe LLP, counsel

of record for Plaintiff Facebook, Inc., and I am duly admitted to practice before this Court. I have personal knowledge of the facts set forth in this declaration, unless otherwise stated, and I could and would testify competently to them if called as a witness. 2. I submit this declaration in support of Facebook's Request for Entry of Default as

to Defendants Adam Guerbuez and Atlantis Blue Capital. 3. A process server working on behalf of Facebook, Inc. served the Complaint and

Summons for this case on Defendants Adam Guerbuez and Atlantis Blue Capital on August 14, 2008. The Proof of Service and Declaration Regarding Service from the process server were previously filed with the Court. See Docket Nos. 5 and 6. 4. Pursuant to Rule 12(a)(1) of the Federal Rules of Civil Procedure, I understand

that the responsive pleadings of Defendants Adam Guerbuez and Atlantis Blue Capital were due 20 days following service. The time period expired on September 3, 2008. Neither Defendant Guerbuez nor Defendant Atlantis Blue Capital have filed an answer or other responsive pleading or otherwise appeared in the case. 5. I have reviewed various Internet postings and videos of Defendant Guerbuez. In

some of them Defendant Guerbuez specifically states that he is 32 years old. Thus, upon information and belief, Defendant Guerbuez is neither an infant nor an incompetent person, and is not serving in the armed forces of the United States. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct to the best of my knowledge and that this declaration was executed on September 10, 2008, at Irvine, California.

By

s/Thomas J. Gray Thomas J. Gray

OHS West:260506572.2

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DECLARATION IN SUPPORT OF REQUEST TO ENTER DEFAULT CASE NO. C08 03889 JF HR

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: September 10, 2008.

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 September 10, 2008.

Respectfully submitted, /s/ Thomas J. Gray Thomas J. Gray

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DECLARATION IN SUPPORT OF REQUEST TO ENTER DEFAULT CASE NO. C08 03889 JF HR