Zynga Game Network, Inc. v. Williams et al
Filing
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Declaration of Tara D. Rose in Support of 12 MOTION to Continue Case Management Conference; and Memorandum of Points and Authorities filed byZynga Game Network, Inc.. (Attachments: # 1 Exhibit 1-4 to the Declaration of Tara D. Rose)(Related document(s) 12 ) (Caplan, David) (Filed on 5/17/2010)
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Larry W. McFarland (Bar No. 129668)
E-Mail: lmcfarland@kmwlaw.com
Dennis Wilson (Bar No. 155407)
E-Mail: dwilson@kmwlaw.com
David K. Caplan (Bar No. 181174)
E-Mail: dcaplan@kmwlaw.com
Tara D. Rose (Bar No. 256079)
E-Mail: trose@kmwlaw.com
KEATS McFARLAND & WILSON LLP
9720 Wilshire Boulevard
Penthouse Suite
Beverly Hills, California 90212
Telephone: (310) 248-3830
Facsimile: (310) 860-0363
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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.
DECLARATION OF TARA D. ROSE
SUPPORTING ZYNGA’S MOTION TO
CONTINUE CASE MANAGEMENT
CONFERENCE
JASON WILLIAMS, an individual, LUNA
MARTINI, an individual, and JOHN DOES 1-5
D/B/A MW GROUP
Defendants.
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CASE NO. CV-10:01022 JF (PVTx)
DECLARATION OF TARA D. ROSE
SUPPORTING ZYNGA’S MOTION TO CONTINUE
CASE MANAGEMENT CONFERENCE
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I, Tara D. Rose, declare as follows:
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I am an associate with the law firm of Keats McFarland & Wilson LLP, counsel to
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Plaintiff Zynga Game Network Inc. (“Zynga”) in this case. I am over the age of eighteen, and unless
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otherwise stated herein, I have personal knowledge of the facts stated in this declaration, and if
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called upon to do so, I could and would testify competently thereto.
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2.
Zynga requests that the Case Management Conference be continued because Zynga
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has not yet confirmed the identity and location of Defendants in this matter, and has not yet been
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able to serve Defendants with process.
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3.
Zynga is unable to present its Motion to Continue Case Management Conference as a
stipulated motion because it has not yet been able to serve Defendants with process.
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Zynga unsuccessfully attempted to serve Defendants at the physical addresses listed
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for Defendants in the Whois database information Domain History for the domain names
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MWBLACKMARKET.COM and MWFEXPRESS.COM.
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5.
Attached hereto as Exhibit 1 is a true and correct copy of the Affidavit of Reasonable
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Diligence of Robina Alves following attempted service of the summons and complaint in this action
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on defendant Jason Williams at the address listed in the Whois database information Domain History
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for the domain name MWBLACKMARKET.COM.
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6.
Attached hereto as Exhibit 2 is a true and correct copy of the Affidavit of Reasonable
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Diligence of Arath T. Avila following attempted service of the summons and complaint in this action
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on defendant Luna Martini at the address listed in the Whois database information Domain History
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for the domain name MWFEXPRESS.COM.
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7.
Attached hereto as Exhibit 3 is a true and correct copy of the Whois database
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information Domain History for the domain name MAFIAWARSDIRECT.COM. The Whois
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database information web page for this domain name identifies the registrant as: MW Group, 2325
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Chester Boulevard, Richmond, Indiana 47374. A search for this address on the Internet indicates
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that the given address is the same as that for Indiana University East.
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CASE NO. CV-10:01022 JF (PVTx)
-1-
DECLARATION OF TARA D. ROSE
SUPPORTING ZYNGA’S MOTION TO CONTINUE
CASE MANAGEMENT CONFERENCE
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Attached hereto as Exhibit 4 is a true and correct copy of the webpage that appears at
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the Internet URL http://www.iue.edu/contact.php indicating the address for Indiana University East
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as 2325 Chester Boulevard, Richmond, Indiana 47374.
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9.
Failure to continue the Case Management Conference would prejudice Zynga’s
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ability to prosecute its case against Defendants because the parties would not be able to present the
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Joint Case Management Statement required by Federal Rule of Civil Procedure 26(f) and this
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Court’s Standing Order regarding Joint Case Management Statements.
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10.
There have been no previous time modifications in this case.
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The requested continuance will not affect the schedule for this case other than the
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Case Management Conference because the Court has not yet issued a scheduling order pursuant to
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Rule 16(b).
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I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
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Executed this 17th day of May, 2010 at Beverly Hills, CA.
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____________/s/____________________
Tara D. Rose
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CASE NO. CV-10:01022 JF (PVTx)
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DECLARATION OF TARA D. ROSE
SUPPORTING ZYNGA’S MOTION TO CONTINUE
CASE MANAGEMENT CONFERENCE
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