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)

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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 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-

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