Facebook, Inc. v. Power Ventures, Inc.

Filing 76

RE-NOTICE of MOTION hearing re 56 MOTION for Judgment on the Pleadings or in the Alternative, MOTION for Partial Summary Judgment] (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 Document76

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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 FOR JUDGMENT ON THE PLEADINGS, OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT Date: Time: Judge: Courtroom: June 7, 2010 9:00 a.m. Hon. James Ware 8, 4th Floor

OHS West:260857063.1

RE-NOTICE OF MOTION FOR JUDGMENT ON PLEADINGS 5:08-CV-05780 JF (RS)

Case5:08-cv-05780-JW Document76

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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 judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c) or, in the alternative, for summary judgment on Facebook's second cause of action for violation of California Penal Code Section 502(c) against Defendants Power Ventures, Inc. and Steven Vachani (collectively, "Power"). 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: Dkt. No. 56 Dkt. No. 57 Dkt. No. 64 Dkt. No. 65 Dkt. No. 66 Dkt. No. 69 Dkt. No. 71 Dkt. No. 74 Facebook's Motion For Judgment On The Pleadings, Or, In The Alternative, Summary Judgment Declaration of Julio C. Avalos In Support of Motion for Judgment On The Pleadings Power's Memorandum of Law In Opposition to Facebook's Motion for Judgment On the Pleadings Declaration of Steve Vachani In Support of Memorandum of Law In Opposition to Facebook's Motion for Judgment On The Pleadings Facebook's Reply Memorandum re Motion for Judgment On The Pleadings Facebook's Objections to Dkt. No. 65, Declaration of Steve Vachani In Support of Defendant's Opposition Minute Entry fro m February 26 Hearing Power's Corrected Opposition to Facebook's Motion for Judgment on the Pleadings

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 MOTION FOR JUDGMENT ON PLEADINGS 5:08-CV-05780 JF (RS)