Zynga Game Network, Inc. v. Williams et al

Filing 12

MOTION to Continue Case Management Conference; and Memorandum of Points and Authorities filed by Zynga Game Network, Inc.. (Attachments: # 1 Proposed Order Continuing Case Management Conference)(Caplan, David) (Filed on 5/17/2010)

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Larry W. McFarland (Bar No. 129668)
E-Mail: [e-mail]
Dennis Wilson (Bar No. 155407)
E-Mail: [e-mail]
David K. Caplan (Bar No. 181174)
E-Mail: [e-mail]
Tara D. Rose (Bar No. 256079)
E-Mail: [e-mail]
KEATS McFARLAND & WILSON LLP
9720 Wilshire Boulevard
Penthouse Suite
Beverly Hills, California 90212
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
ZYNGA GAME NETWORK INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ZYNGA GAME NETWORK INC., a Delaware
Corporation,

CASE NO. CV-10:01022 JF (PVTx)

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Plaintiff,
v.
JASON WILLIAMS, an individual, LUNA
MARTINI, an individual, and JOHN DOES 1-5
D/B/A MW GROUP

MOTION TO CONTINUE CASE
MANAGEMENT CONFERENCE; AND
MEMORANDUM OF POINTS AND
AUTHORITIES
No Hearing Date Requested

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Defendants.

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CASE NO. CV-10:01022 JF (PVTx)

MOTION TO CONTINUE CASE
MANAGEMENT CONFERENCE

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MOTION
Plaintiff Zynga Game Network Inc. (“Zynga”) hereby moves the Court pursuant to Civil

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Local Rules 6-3 and 7-11 for an order continuing the Case Management Conference. This motion is

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based on the Motion, the Declaration of Tara D. Rose, the [Proposed] Order, all pleadings on file in

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this action, and any other matter that may be submitted in support of the motion.

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ISSUE TO BE DECIDED
Whether the Case Management Conference currently scheduled for June 11, 2010 shall be
continued.
MEMORANDUM OF POINTS AND AUTHORITIES
I.

INTRODUCTION

Plaintiff Zynga Game Network Inc. (“Zynga”) respectfully requests that the Court continue

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the Case Management Conference currently scheduled for June 11, 2010 at 10:30 a.m.

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II.

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FACTS

The Court has scheduled the Case Management Conference for June 11, 2010. (Dkt. No. 7)

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Rule 26(f)(1) requires the Parties to meet and confer regarding case management issues no later than

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twenty-one (21) days prior to the Case Management Conference. In this case, the deadline for the

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conference to occur is Tuesday, May 18, 2010.

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Zynga unsuccessfully attempted to serve Defendants at the physical addresses listed for

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Defendants in the Whois database information Domain History for the Internet domain names

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MWBLACKMARKET.COM and MWFEXPRESS.COM. (Declaration of Tara D. Rose in Support

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of Zynga’s Motion to Continue Case Management Conference (“Rose Decl.”) ¶ 4.) The physical

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address listed in the Whois database information for MWBLACKMARKET.COM is not a home or

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business address for Defendants, but rather is a UPS Depot from which cargo trucks and vans are

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dispatched. (See Rose Decl. ¶ 5, Ex. 1.) The physical address listed in the Whois database

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information for MWFEXPRESS.COM does not exist in the city listed for the domain name. (See id.

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¶ 6, Ex. 2.) The physical address listed in the Whois database information for

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MAFIAWARSDIRECT.COM is for Indiana University East and the Whois database address did not

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CASE NO. CV-10:01022 JF (PVTx)

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MOTION TO CONTINUE CASE
MANAGEMENT CONFERENCE

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include a suite, dorm or office number necessary to locate a person or entity at the University. (See

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id. ¶¶ 7-8, Exs. 3-4.)1

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On May 12, 2010, Zynga filed a Motion for Leave to Conduct Third Party Discovery to

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confirm the identities and locations of the defendants in this case (Dkt. Nos. 9-11). The Motion for

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Leave to Conduct Third Party Discovery is currently pending before this Court. If the Court grants

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Zynga’s Motion for Leave to Conduct Third Party Discovery, Zynga expects that it will be able to

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complete third party discovery and undertake appropriate efforts to perfect service on Defendants

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within 120 days of the date the Court authorizes Zynga to proceed with third party discovery.

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III.

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ARGUMENT

There is good cause to continue the Case Management Conference in this case. Zynga has

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not yet confirmed Defendants’ identities and locations, and as a result is unable to serve Defendants

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with sufficient time for the parties to meet and confer ahead of the Case Management Conference as

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required by Rule 26(f). See Rose Decl. ¶ 2. A continuance of the Case Management Conference

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will allow Zynga to serve Defendants with process with sufficient time for the parties to meet and

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confer prior to the conference.2

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Although it is difficult to predict the amount of time it will take to serve Defendants without

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knowing the identities and locations of Defendants, assuming the Court grants Zynga’s Motion for

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Leave to Conduct Third Party Discovery and assuming Defendants are located within the United

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States, Zynga is optimistic that it can serve Defendants by the end of July 2010. Allowing time for

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Defendants to answer Zynga’s Complaint, Zynga respectfully requests that the Court continue the

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Case Management Conference until Friday, August 27, 2010, or such other date as is convenient for

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the Court.

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Therefore, Zynga did not attempt to serve Defendants at this address.
The fact that Zynga has not yet been able to serve Defendants also prevents Zynga from presenting
the instant motion as a stipulation. See Rose Decl. ¶ 3.

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CASE NO. CV-10:01022 JF (PVTx)

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MOTION TO CONTINUE CASE
MANAGEMENT CONFERENCE

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IV.

CONCLUSION

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For the foregoing reasons, Zynga respectfully requests that the Court issue an order

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continuing the Case Management Conference in this matter. Zynga will gladly provide any

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additional information the Court may request regarding this Motion.

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Dated: May 17, 2010

By:
/s/
David K. Caplan
Keats McFarland & Wilson LLP
Attorneys for Plaintiff
ZYNGA GAME NETWORK INC.

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CASE NO. CV-10:01022 JF (PVTx)

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MOTION TO CONTINUE CASE
MANAGEMENT CONFERENCE