Facebook, Inc. v. Power Ventures, Inc.

Filing 75

RE-NOTICE of MOTION hearing re 58 MOTION to Dismiss Counterlcaims and Strike Affirmative Defenses (Avalos, Julio) (Filed on 3/10/2010) Modified on 3/12/2010,(counsel selected incorrect event. Correct event to be used is re-notice of motion hearing.) (cv, COURT STAFF).

Case5:08-cv-05780-JW Document75

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I. NEEL CHATTERJEE (STATE BAR NO. 173985) [e-mail] JESSICA S. PERS (STATE BAR NO. 77740) [e-mail] THOMAS J. GRAY (STATE BAR NO. 191411) [e-mail] m JULIO C. AVALOS (STATE BAR NO. 255350) javalo [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff FACEBOOK, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

FACEBOOK, INC., Plaint iff, v. POWER VENTURES, INC. a Cayman Island Corporation; STEVE VACHANI, an individual; DOE 1, d/b/a POWER.COM, DOES 2-25, inclusive, Defendants.

Case No. 5:08-cv-05780 JW (HRL) NOTICE OF HEARING ON FACEBOOK INC.'S MOTION TO DISMISS DEFENDANTS' COUNTERCOMPLAINT Date: Time: Judge: Courtroom: June 7, 2010 9:00 a.m. Hon. James Ware 8, 4th Floor

OHS West:260857062.1

RE-NOTICE OF HEARING ON MOTION TO DISMISS 5:08-CV-05780 JF (RS)

Case5:08-cv-05780-JW Document75

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OHS West:260857062.1

NOTICE OF MOTION AND MOTION TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on June 7, 2010 at 9:00 a.m. or as soon thereafter as the matter may be heard, in the courtroom of the Honorable James Ware, United States District Court, 280 S. First Street, San Jose, CA 95113, Facebook, Inc. ("Facebook") will move the Court for an order dismissing the Counterclaims of Power Ventures, Inc. and Steve Vachani (collectively, "Power") pursuant to Federal Rule of Civil Procedure 12(b)(6), and for an order striking the Affirmative Defenses pursuant to Federal Rule of Civil Procedure 12(f). This motion was originally noticed for hearing on February 26, 2010 before the Honorable Jeremy Fogel. However, Judge Fogel recused himself from this case at the hearing and the matter was reassigned to this Court. The Motion has been fully briefed by the parties: Facebook's Notice of Motion, Motion and Memorandum In Support of Motion to Dismiss Counterclaims and Strike Affirmative Defenses Power's Memorandum of Law In Opposition to Facebook's Motion to Dismiss Counterclaims and Strike Affirmative Defenses Facebook's Reply Memorandum in Support of Motion to Dismiss Amended Counterclaims and Strike Affirmative Defenses

Dkt. No. 58 Dkt. No. 63 Dkt. No. 67

Dated: March 10, 2010

JULIO C. AVALOS Orrick, Herrington & Sutcliffe LLP

/s/ Julio C. Avalos JULIO C. AVALOS Attorneys for Plaintiff FACEBOOK, INC.

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RE-NOTICE OF HEARING ON MOTION TO DISMISS 5:08-CV-05780 JF (RS)