Zynga Game Network, Inc. v. Williams et al

Filing 29

Declaration of David K. Caplan in Support of 28 Third MOTION to Continue Case Management Conference; and Memorandum of Points and Authorities filed byZynga Game Network, Inc.. (Related document(s) 28 ) (Caplan, David) (Filed on 10/11/2010)

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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,

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Plaintiff,
v.

CASE NO. CV-10:01022 JF (PVTx)
DECLARATION OF DAVID K. CAPLAN IN
SUPPORT OF ZYNGA’S THIRD MOTION
TO CONTINUE CASE MANAGEMENT
CONFERENCE

JASON WILLIAMS, an individual, LUNA
MARTINI, an individual, WAN-WEN KUO, an
individual, and JOHN DOES 4-5 D/B/A MW
GROUP
Defendants.

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

DECLARATION OF DAVID K. CAPLAN
IN SUPPORT OF ZYNGA’S THIRD MOTION TO
CONTINUE CASE MANAGEMENT CONFERENCE

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I, David K. Caplan, declare as follows:
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I am a partner of the firm Keats McFarland & Wilson LLP, counsel to Zynga Game

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Network Inc. (“Zynga”) in this matter. I am over the age of eighteen and am competent to testify.

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Unless otherwise stated herein, I have personal knowledge of the facts stated in this declaration, and

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if called upon to do so, I could and would testify competently thereto.

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2.

To date, Zynga has been unable to conduct the conference required by Federal Rule

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of Civil Procedure (“Federal Rule”) 26(f)(1), and will not be able to timely file the joint statement

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required by Federal Rule 26(f)(2) and Civil Local Rule 16-9 in this case.

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3.

Failure to continue the Case Management Conference would prejudice Zynga’s

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ability to prosecute its case against Defendants because Zynga will be unable to effect service on

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Defendants with sufficient time for Zynga to fulfill its obligations under Rule 26(f)(1).

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4.

The fact that Zynga has yet to effect service on the Defendants prevents Zynga from

submitting this motion as a stipulation.
5.

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

June 8, 2010 to August 27, 2010.
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The Court previously continued the Case Management Conference in this case from

August 27, 2010 to November 5, 2010.
7.

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.
Executed this 15 day of October, 2010 at Beverly Hills, California.

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______________/s/__________________
David K. Caplan

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-1CASE NO. CV-10:01022 JF (PVTx)

DECLARATION OF DAVID K. CAPLAN
IN SUPPORT OF ZYNGA’S THIRD MOTION TO
CONTINUE CASE MANAGEMENT CONFERENCE