Zynga Game Network, Inc. v. Williams et al

Filing 13

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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1 2 3 4 5 6 7 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 8 9 Attorneys for Plaintiff ZYNGA GAME NETWORK INC. 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN JOSE DIVISION 14 15 ZYNGA GAME NETWORK INC., a Delaware Corporation, CASE NO. CV-10:01022 JF (PVTx) 16 17 18 19 20 21 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. 22 23 24 25 26 27 28 CASE NO. CV-10:01022 JF (PVTx) DECLARATION OF TARA D. ROSE SUPPORTING ZYNGA’S MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE 1 2 I, Tara D. Rose, declare as follows: 1. I am an associate with the law firm of Keats McFarland & Wilson LLP, counsel to 3 Plaintiff Zynga Game Network Inc. (“Zynga”) in this case. I am over the age of eighteen, and unless 4 otherwise stated herein, I have personal knowledge of the facts stated in this declaration, and if 5 called upon to do so, I could and would testify competently thereto. 6 2. Zynga requests that the Case Management Conference be continued because Zynga 7 has not yet confirmed the identity and location of Defendants in this matter, and has not yet been 8 able to serve Defendants with process. 9 10 11 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. 4. Zynga unsuccessfully attempted to serve Defendants at the physical addresses listed 12 for Defendants in the Whois database information Domain History for the domain names 13 MWBLACKMARKET.COM and MWFEXPRESS.COM. 14 5. Attached hereto as Exhibit 1 is a true and correct copy of the Affidavit of Reasonable 15 Diligence of Robina Alves following attempted service of the summons and complaint in this action 16 on defendant Jason Williams at the address listed in the Whois database information Domain History 17 for the domain name MWBLACKMARKET.COM. 18 6. Attached hereto as Exhibit 2 is a true and correct copy of the Affidavit of Reasonable 19 Diligence of Arath T. Avila following attempted service of the summons and complaint in this action 20 on defendant Luna Martini at the address listed in the Whois database information Domain History 21 for the domain name MWFEXPRESS.COM. 22 7. Attached hereto as Exhibit 3 is a true and correct copy of the Whois database 23 information Domain History for the domain name MAFIAWARSDIRECT.COM. The Whois 24 database information web page for this domain name identifies the registrant as: MW Group, 2325 25 Chester Boulevard, Richmond, Indiana 47374. A search for this address on the Internet indicates 26 that the given address is the same as that for Indiana University East. 27 28 CASE NO. CV-10:01022 JF (PVTx) -1- DECLARATION OF TARA D. ROSE SUPPORTING ZYNGA’S MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE 1 8. Attached hereto as Exhibit 4 is a true and correct copy of the webpage that appears at 2 the Internet URL http://www.iue.edu/contact.php indicating the address for Indiana University East 3 as 2325 Chester Boulevard, Richmond, Indiana 47374. 4 9. Failure to continue the Case Management Conference would prejudice Zynga’s 5 ability to prosecute its case against Defendants because the parties would not be able to present the 6 Joint Case Management Statement required by Federal Rule of Civil Procedure 26(f) and this 7 Court’s Standing Order regarding Joint Case Management Statements. 8 10. There have been no previous time modifications in this case. 9 11. The requested continuance will not affect the schedule for this case other than the 10 Case Management Conference because the Court has not yet issued a scheduling order pursuant to 11 Rule 16(b). 12 13 14 I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. 15 16 Executed this 17th day of May, 2010 at Beverly Hills, CA. 17 18 19 ____________/s/____________________ Tara D. Rose 20 21 22 23 24 25 26 27 28 CASE NO. CV-10:01022 JF (PVTx) -2- DECLARATION OF TARA D. ROSE SUPPORTING ZYNGA’S MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE

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