Facebook, Inc. v. Fisher et al

Filing 63

Declaration of James R. McCullagh in Support of 62 MOTION for Administrative Relief From Order Setting Case Management Conference filed byFacebook, Inc.. (Related document(s) 62 ) (McCullagh, James) (Filed on 6/30/2010)

Facebook, Inc. v. Fisher et al

Doc. 63

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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 [e-mail] Joseph Cutler, pro hac vice [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 DECLARATION OF JAMES R. MCCULLAGH IN SUPPORT OF PLAINTIFF FACEBOOK, INC.'S MOTION FOR ADMINISTRATIVE RELIEF FROM ORDER SETTING CASE MANAGEMENT CONFERENCE

60406-0005/LEGAL18646176.1

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Declaration of James R. McCullagh In Support of Motion for Relief From Order Setting Case Management Conference Case No. C-09-05842-JF

Dockets.Justia.com

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I, James R. McCullagh, declare as follows: 1. I am over 18 years of age and make this Declaration based upon personal

knowledge of the facts set forth below except as to those matters stated on information and belief, and as to those matters, I believe them to be true. If called upon to testify, I could and would testify competently as to the matters set forth herein. 2. I am an attorney licensed to practice law under the laws of the State of Washington

and have been admitted pro hac vice as an attorney of record for Plaintiff Facebook, Inc. ("Facebook") in the above-captioned matter. This Declaration is filed in support of Plaintiff Facebook, Inc.'s Administrative Motion For Administrative Relief From Order Setting Case Management Conference. 3. In late May 2010, Facebook learned that the Sacramento Sheriff's Department had

recovered a computer abandoned by Defendant Porembski containing information relevant to this litigation. 4. On or about June 22, 2010, Facebook issued a subpoena to the Sacramento

Sheriff's Department requesting a copy of the abandoned computer's hard drive as well as police reports and witness statements related to the recovery of the abandoned computer. 5. The Sacramento Sheriff's Department objected to producing the computer hard

drive and requested that Facebook obtain a Court order directing it to release this information to Facebook. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. DATED: June 30, 2010 PERKINS COIE LLP By: /s/ James R. McCullagh James R. McCullagh [e-mail]

60406-0005/LEGAL18646176.1

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Declaration of James R. McCullagh In Support of Motion for Relief From Order Setting Case Management Conference

Case No. C-09-05842-JF

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60406-0005/LEGAL18646176.1

CERTIFICATE OF SERVICE I certify that on June 30, 2010, I sent the foregoing DECLARATION OF JAMES R. MCCULLAGH IN SUPPORT OF MOTION FOR ADMINISTRATIVE RELIEF FROM ORDER SETTING CASE MANAGEMENT CONFERENCE, 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 30th 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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Declaration of James R. McCullagh In Support of Motion for Relief From Order Setting Case Management Conference

Case No. C-09-05842-JF