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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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.

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)

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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