Facebook, Inc. v. Fisher et al

Filing 60

Proposed Order (Amended) Granting Plaintiff's Order Directing Release of Computer by Facebook, Inc.. (McCullagh, James) (Filed on 6/29/2010)

Facebook, Inc. v. Fisher et al

Doc. 60

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Brian Hennessy State Bar No. 226721 [e-mail] PERKINS COIE LLP 101 Jefferson Drive Menlo Park, California 94025 Telephone: [phone] Facsimile: 650.838.4350 James McCullagh, pro hac vice application to follow [e-mail] Joseph Cutler, pro hac vice application to follow [e-mail] PERKINS COIE LLP 1201 Third Avenue, Suite 4800 Seattle, Washington 98101 Telephone: [phone] Facsimile: 206.359.9000 Attorneys for Plaintiff FACEBOOK, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

FACEBOOK, INC., a Delaware corporation, Plaintiff, v. JEREMI FISHER; PHILIP POREMBSKI; RYAN SHIMEALL; and JOHN DOES 125, individuals; and CHOKO SYSTEMS LLC; HARM, INC.; PP WEB SERVICES LLC, iMEDIA ONLINE SERVICES LLC, and JOHN DOES 26-50, corporations, Defendants.

Case No. C 09-05842 JF [PROPOSED] AMENDED ORDER GRANTING PLAINTIFF'S REQUEST FOR ORDER DIRECTING RELEASE OF COMPUTER

THIS MATTER came before the Court for hearing on plaintiff Facebook, Inc.'s ("Facebook") Administrative Request Pursuant to Local Rule 7-11 for an order directing the
60406-0005/LEGAL18628243.1

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[PROPOSED] AMENDED ORDER GRANTING RELEASE OF COMPUTER Case No. C-09-05842-JF

Dockets.Justia.com

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Sacramento County Sheriff's Department to release the computer described in Sacramento County Sheriff's Department Report No. NE 2010-0093641 to Facebook for the purposes of engaging an independent third party to make a mirror image of the computer's hard drive and to deliver that mirror image to Facebook. After such imaging, Facebook shall return the computer to the Sacramento County Sheriff's Department. Now, the Court having considered Plaintiff's request, the memorandum in support thereof, and the declaration of Ryan Mrazik in support of the request, hereby finds: 1. Defendants received notice and did not object to Facebook's Request to Obtain a

Copy of the information residing on the Computer turned over to the Sacramento Sheriff's Department on or about May 26, 2010. 2. The lack of objection by defendants as well as the facts surrounding the recovery

of the computer are consistent with an intent to abandon the property. 3. Good cause exists to permit Facebook to obtain a copy of the information residing

on the computer currently in possession of the Sacramento Sheriff's Department and described in Sacramento County Sheriff's Department Report No. NE 2010-0093641.

Now, therefore, it is hereby ORDERED as follows: 1. The Sacramento County Sheriff's Department is directed and ordered to make

available for copy, consistent with the terms of this Order, the computer described in Sacramento County Sheriff's Department Report No. NE 2010-0093641. 2. Facebook is authorized to obtain a mirror image copy of the hard drive of the

computer described in Sacramento County Sheriff's Department Report No. NE 2010-0093641. This copy may be obtained either on-site at the Sacramento Sheriff's Department or at the offices of an independent third party selected by Facebook. In the event that the copy is made at the offices of an independent third party, upon completing the copy, Facebook shall promptly return the computer to the custody of the Sacramento Sheriff's Department.

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[PROPOSED] AMENDED ORDER GRANTING RELEASE OF COMPUTER Case No. C-09-05842-JF

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IT IS SO ORDERED. Dated: ___________________, 2010 _______________________________________ The Honorable Patricia V. Trumbull United States Magistrate Judge

Presented by: PERKINS COIE LLP By: s/ James R. McCullagh Brian Hennessy (SBN 226721) [e-mail] James R. McCullagh (pro hac vice) [e-mail] Joseph Cutler (pro hac vice) [e-mail] Attorneys for Plaintiff Facebook, Inc.

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[PROPOSED] AMENDED ORDER GRANTING RELEASE OF COMPUTER Case No. C-09-05842-JF

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60406-0005/LEGAL18628243.1

CERTIFICATE OF SERVICE I certify that on June 29, 2010, I sent the foregoing [PROPOSED] AMENDED ORDER GRANTING PLAINTIFF FACEBOOK, INC.'S REQUEST FOR ORDER DIRECTING RELEASE OF COMPUTER, which was filed with the Clerk of the Court using the CM/ECF system, via U.S. Mail and electronic mail to the following Defendants: Jeremi Fisher Choko Systems LLC 35 Jackson Street Akron, New York 14001 [e-mail] Philip Poremsbki Harm Inc. PP Web Services LLC 12155 Tributary Point Drive Apt. 170 Rancho Cordova, California 95670 [e-mail]

Ryan Shimeall iMedia Online Services LLC 10299 Julian Court Westminster, Colorado 80031 [e-mail]

I certify under penalty of perjury that the foregoing is true and correct. DATED this 29th day of June 2010. By: /s/ James R. McCullagh Brian Hennessy (SBN 226721) [e-mail] James R. McCullagh (pro hac vice) [e-mail] Joseph Cutler (pro hac vice) [e-mail] Attorneys for Plaintiff Facebook, Inc.

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[PROPOSED] AMENDED ORDER GRANTING RELEASE OF COMPUTER Case No. C-09-05842-JF