Zynga Game Network, Inc. v. Williams et al
Filing
27
Declaration of David K. Caplan in Support of 26 MOTION To Serve Defendants by Electronic Mail ; and Memorandum of Points and Authorities filed byZynga Game Network, Inc.. (Attachments: # 1 Exhibit 1-9)(Related document(s) 26 ) (Caplan, David) (Filed on 10/8/2010)
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
Plaintiff,
v.
DECLARATION OF DAVID K. CAPLAN IN
SUPPORT OF ZYNGA’S
ADMINISTRATIVE MOTION TO SERVE
DEFENDANTS BY ELECTRONIC MAIL
JASON WILLIAMS, an individual, LUNA
MARTINI, an individual, WAN-WEN KUO, an
individual, and JOHN DOES 4-5 D/B/A MW
GROUP
21
Defendants.
22
23
24
25
26
27
28
CASE NO. CV-10:01022 JF (PVTx)
DECLARATION OF DAVID K. CAPLAN
IN SUPPORT OF ZYNGA’S ADMINISTRATIVE MOTION
TO SERVE DEFENDANTS BY ELECTRONIC MAIL
1
2
I, David K. Caplan, declare as follows:
1.
I am a partner of the firm Keats McFarland & Wilson LLP, counsel to Zynga Game
3
Network Inc. (“Zynga”) in this matter. I am over the age of eighteen and am competent to testify.
4
Unless otherwise stated herein, I have personal knowledge of the facts stated in this declaration, and
5
if called upon to do so, I could and would testify competently thereto.
6
2.
After receiving the Court’s order authorizing it to conduct third party discovery to
7
confirm the identities and locations of the defendants in this matter, Zynga issued subpoenas as
8
authorized by the Court, and analyzed the documents and information it received in response to
9
those subpoenas.
10
3.
Attached hereto as Exhibit 1 is a true and correct copy of a document produced by
11
PayPal Inc. in response to a subpoena issued by Zynga seeking documents and information related to
12
email address mafiawarsdirect@gmail.com, identifying defendant Wan-Wen Kuo, with a physical
13
address in Taiwan. Exhibit 1 has been redacted pursuant to Civil Local Rule 3-17.
14
4.
On March 17, 2010, Zynga unsuccessfully attempted to serve Defendants at the
15
address listed in the Whois database for Internet domain name MWFEXPRESS.COM, but this
16
address was not valid. Production from GoDaddy.com, Inc. provided the same spurious physical
17
address for Defendants.
18
5.
On March 29, 2010, Zynga unsuccessfully attempted to serve Defendants at the
19
address listed in the Whois database for Internet domain names MWBLACKMARKET.COM, but
20
this address was not valid. Production from GoDaddy.com, Inc. provided the same spurious
21
physical address for Defendants.
22
6.
Production from GoDaddy.com, Inc. also provided three additional addresses for
23
Defendants in Seattle, Washington, Chicago, Illinois, and New York, New York. A search for these
24
addresses has revealed that all three addresses do not exist.
25
26
7.
Attached hereto as Exhibit 2 is a true and correct copy of the Whois database
information Domain History for the domain name MAFIAWARSDIRECT.COM as of March 1,
27
28
CASE NO. CV-10:01022 JF (PVTx)
DECLARATION OF DAVID K. CAPLAN
IN SUPPORT OF ZYNGA’S ADMINISTRATIVE MOTION
TO SERVE DEFENDANTS BY ELECTRONIC MAIL
-1-
1
2010, on which Defendants advised their customers that they use the email address
2
jwilliams1980@ymail.com.
3
8.
Attached hereto as Exhibit 3 is a true and correct copy of the Whois database
4
information Domain History for the domain name MWBLACKMARKET.COM as of March 1,
5
2010, on which Defendants advised their customers that they use the email address
6
jwilliams1980@ymail.com.
7
9.
Attached hereto as Exhibit 4 is a true and correct copy of the Whois database
8
information Domain History for the domain name MWFEXPRESS.COM as of March 2, 2010, on
9
which Defendants advised their customers that they use the email address lmartini888@gmail.com.
10
10.
Attached hereto as Exhibit 5 is a true and correct copy of the web page that appeared
11
at the Internet URL http://mwblackmarket.com/default.aspx, as of December 4, 2009, on which
12
Defendants advised their customers that they use the email address
13
mafiawarsblackmarket@gmail.com to carry on business through the website at the domain name
14
MWBLACKMARKET.COM.
15
11.
Attached hereto as Exhibit 6 is a true and correct copy of the web page that appeared
16
at the Internet URL http://mwfexpress.com/default.aspx, as of December 4, 2009, on which
17
Defendants advised their customers that they use the email address mwfexpress@gmail.com to carry
18
on business through the website at the domain name MWFEXPRESS.COM.
19
12.
Attached hereto as Exhibit 7 is a true and correct copy of the web page that appeared
20
at the Internet URL http://mafiawarsdirect.com/default.aspx, as of January 28, 2010, on which
21
Defendants advised their customers that they use the email address mafiawarsdirect@gmail.com to
22
carry on business through the website at the domain name MAFIAWARSDIRECT.COM.
23
13.
Attached hereto as Exhibit 8 is a true and correct copy of a document produced by
24
GoDaddy, Inc. in response to a subpoena issued by Zynga seeking documents and information
25
related to the Internet domain name MWBLACKMARKET.COM, identifying email address
26
cindypearst@yahoo.com as being the registrant, administrative, technical and billing contact for the
27
domain name.
28
CASE NO. CV-10:01022 JF (PVTx)
DECLARATION OF DAVID K. CAPLAN
IN SUPPORT OF ZYNGA’S ADMINISTRATIVE MOTION
TO SERVE DEFENDANTS BY ELECTRONIC MAIL
-2-
1
14.
Attached hereto as Exhibit 9 is a true and correct copy of the status table of the
2
Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial
3
Matters, Nov. 15, 1965, 20 U.S.T. 361, T.I.A.S. No. 6638 (the “Hague Convention”), taken from the
4
official Hague Convention website, confirming that Taiwan is not a signatory to the Hague
5
Convention.
6
7
8
I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
9
10
Executed this 8th day of October 2010 at Beverly Hills, CA
11
12
13
____________/s/____________________
David K. Caplan
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CASE NO. CV-10:01022 JF (PVTx)
DECLARATION OF DAVID K. CAPLAN
IN SUPPORT OF ZYNGA’S ADMINISTRATIVE MOTION
TO SERVE DEFENDANTS BY ELECTRONIC MAIL
-3-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?