Zynga Game Network, Inc. v. Williams et al

Filing 19

Declaration of Tara D. Rose in Support of 18 Second MOTION to Continue Case Management Conference; and Memorandum of Points and Authorities filed byZynga Game Network, Inc.. (Related document(s) 18 ) (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.

DECLARATION OF TARA D. ROSE
SUPPORTING PLAINTIFF’S SECOND
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 PLAINTIFF’S SECOND 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.
4.

On May 20, 2010, the Court authorized Zynga to conduct third party discovery to

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determine the identities and locations of the defendants in this case. (See Dkt. No. 14.) Zynga

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

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credit card processing company PayPal, Inc. and web host Microsoft Office Live, as authorized by

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the Court.

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5.

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

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

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names MWBLACKMARKET.COM, MWFEXPRESS.COM and MAFIAWARSDIRECT.COM.

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6.

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

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Zynga is currently working with local counsel in Taiwan to confirm whether this name and address

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exists in Taiwan.

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7.

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Zynga is currently awaiting responsive documents and information from Microsoft

Office Live.
8.

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 the Joint

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ADR forms as required by ADR Local Rule 3-5.

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

DECLARATION OF TARA D. ROSE
SUPPORTING PLAINTIFF’S SECOND MOTION
TO CONTINUE CASE MANAGEMENT CONFERENCE

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9.

The Court previously continued the Case Management Conference in this case from

June 1, 2010 to August 27, 2010.
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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 6th day of August, 2010 at Beverly Hills, CA.

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____________/s/____________________
Tara D. Rose

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

DECLARATION OF TARA D. ROSE
SUPPORTING PLAINTIFF’S SECOND MOTION
TO CONTINUE CASE MANAGEMENT CONFERENCE