Zynga Game Network, Inc. v. Williams et al

Filing 18

Second 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 8/6/2010)

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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

SECOND 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)

SECOND 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 August 27, 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 August 27, 2010 at 10:30 a.m.

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II.

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FACTS

The Court originally scheduled the Case Management Conference for June 8, 2010, and

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ordered the parties to meet and confer as required by Federal Rule of Civil Procedure (“Rule”)

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26(f)(1) and regarding ADR process selection pursuant to ADR Local Rule 3-5, and to file the ADR

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Certification and the Stipulation to ADR Process or Notice of Need for ADR Phone Conference

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forms no later than May 18, 2010. (Dkt. No. 4.)

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On June 1, 2010, the Court continued the Case Management Conference until August 27,

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2010, and continued all related dates accordingly. (Dkt. No. 15.) In this case, the deadline for the

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conference to occur and to file the ADR forms is Friday, August 6, 2010 and the deadline to file the

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Rule 26(f) report is Tuesday, August 17.

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To date, Zynga has been unable to serve the defendants with process. Zynga unsuccessfully

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attempted to serve Defendants at the physical addresses listed for Defendants in the Whois database

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information Domain History for the Internet domain names MWBLACKMARKET.COM and

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MWFEXPRESS.COM. (See Declaration of Tara D. Rose in Support of Zynga’s Motion to Continue

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Case Management Conference Scheduled for June 11, 2010 (“Dkt. No. 10”).) The physical address

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

SECOND MOTION TO CONTINUE CASE
MANAGEMENT CONFERENCE

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

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

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(See Dkt. No. 10.) The physical address listed in the Whois database information for

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

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address listed in the Whois database information for MAFIAWARSDIRECT.COM is for Indiana

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University East and the Whois database address did not include a suite, dorm or office number

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necessary to locate a person or entity at the University. (See id.)1

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On May 20, 2010, the Court authorized Zynga to conduct third party discovery to determine
the identities and locations of the defendants in this case. (See Dkt. No. 14.) Zynga subsequently

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issued third party subpoenas to Internet domain name registrar GoDaddy.com, Inc., credit card

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processing company PayPal, Inc. and web host Microsoft Office Live, as authorized by the Court.

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(Declaration of Tara D. Rose in Support of Plaintiff’s Second Motion to Continue Case Management

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Conference (“Rose Decl.”) ¶ 4.)

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Production from GoDaddy.com, Inc. revealed the same bogus addresses as those listed for

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

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MWBLACKMARKET.COM, MWFEXPRESS.COM and MAFIAWARSDIRECT.COM. (Rose

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Decl. ¶ 5.) Production from PayPal, Inc. revealed a name and address of an individual in Taiwan.

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(Id. ¶ 6.) Zynga is currently working with local counsel in Taiwan to confirm whether this name and

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address, in fact, exists in Taiwan. (Id.) Zynga is currently still awaiting responsive documents and

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information from Microsoft Office Live. (Id. ¶ 7.)

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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 the defendants’ identities and locations, and as a result is unable to serve the

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

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Conference, file the required ADR forms and file a Rule 26(f) Joint Report. (See Rose Decl. ¶ 2.) A

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Therefore, Zynga did not attempt to serve Defendants at this address.
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CASE NO. CV-10:01022 JF (PVTx)

SECOND MOTION TO CONTINUE CASE
MANAGEMENT CONFERENCE

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continuance of the Case Management Conference will allow Zynga to serve the defendants with

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process with sufficient time for the parties to meet and 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 the defendants

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without knowing the identities and locations of Defendants, assuming local counsel in Taiwan

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confirms that the name and location identified in productions from PayPal, Inc. is a valid name and

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address and/or assuming Microsoft Office Live produces responsive documents and information in a

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timely manner, and allowing sufficient time for the parties to fulfill their obligations under the

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Federal Rules and Local Rules, Zynga respectfully requests that the Court continue the Case

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Management Conference until Friday, November 5, 2010, or another date that is convenient for the

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Court.

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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: August 6, 2010

By:

/s/

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

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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)

SECOND MOTION TO CONTINUE CASE
MANAGEMENT CONFERENCE