Zynga Game Network, Inc. v. Williams et al

Filing 32

Fourth MOTION to Continue Case Management Conference; and Memorandum of Points and Authorities filed by Zynga Game Network, Inc.. (Attachments: # 1 Proposed Order)(Caplan, David) (Filed on 1/5/2011)

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

CASE NO. CV-10:01022 JF (PSGx)
PLAINTIFF’S FOURTH MOTION TO
CONTINUE CASE MANAGEMENT
CONFERENCE; AND
MEMORANDUM OF POINTS AND
AUTHORITIES
No Hearing Date Requested

Defendants.

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

PLAINTIFF’S FOURTH MOTION TO CONTINUE
CASE MANAGEMENTCONFERENCE

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MOTION
Plaintiff Zynga Game Network Inc. (“Zynga”) hereby moves the Court pursuant to Civil

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Local Rule 7-11 for an order continuing the Case Management Conference in this matter. This

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motion is based on the Motion, the declaration of David K. Caplan, the [Proposed] Order, all

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pleadings on file in this action, and any other matter that may be submitted in support of the motion.

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ISSUE TO BE DECIDED

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Whether the Case Management Conference currently scheduled for January 14, 2011 shall be
continued.
MEMORANDUM OF POINTS AND AUTHORITIES
I.

INTRODUCTION

Plaintiff Zynga Game Network Inc. (“Zynga”) respectfully requests that the Court continue
the Case Management Conference currently scheduled for January 14, 2011.
On September 7, 2010, Zynga filed its First Amended Complaint adding defendant WanWen Kuo on September 7, 2010. (Dkt. No. 22.)
On October 8, 2010, Zynga filed its motion for leave to serve the defendants in this case by
electronic mail. (Dkt. No. 26.) That motion is currently still pending before the Court.

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On October 19, 2010, the Court continued the Case Management Conference until January

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14, 2011, and continued all related dates accordingly. (Dkt. No. 31.) In this case, the deadline for

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the conference of counsel to occur was Friday, December 24, 2010 and the deadline to file the Rule

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26(f) report is Friday, January 7, 2011.

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III.

ARGUMENT

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There is good cause to continue the Case Management Conference in this case. For the

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reasons set forth in Zynga’s motion for leave to serve the defendants by electronic mail and the

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supporting declaration of David K. Caplan, Zynga has been unable to serve the defendants with

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process. (See Dkt. Nos. 26-27.) As a result, while Zynga has been diligently pursuing the necessary

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discovery in this case, Zynga has been unable to conduct the conference required by Federal Rule of

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

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

PLAINTIFF’S FOURTH MOTION TO CONTINUE
CASE MANAGEMENTCONFERENCE

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required by Federal Rule 26(f)(2) and Civil Local Rule 16-9. (Declaration of David K. Caplan in

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Support of Zynga’s Fourth Motion to Continue Case Management Conference (“Caplan Decl.”), ¶

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2.) Accordingly, it will be impractical for the Case Management Conference to proceed as

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scheduled on January 14, 2011, and there is good cause for the Court to continue the Case

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Management Conference.1

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Assuming the Court grants Zynga’s motion to serve the defendants by electronic mail, and

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allowing sufficient time for the parties to fulfill their obligations under the Federal Rules and the

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Civil Local Rules, Zynga respectfully requests that the Court continue the Case Management

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Conference until April 15, 2011, or another date that is convenient for the Court.

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IV.

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CONCLUSION

For the foregoing reasons, Zynga respectfully requests that the Court issue an order

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continuing the Case Management Conference and all related dates in this matter until April 15, 2011,

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or another date that is convenient for the Court. Zynga is prepared to provide any additional

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information the Court may request regarding this Motion.

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Dated: January 5, 2011

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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 yet to effect service on the Defendants prevents Zynga from submitting this
motion as a stipulation. (Caplan Decl. ¶ 4.)

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-2CASE NO. CV-10:01022 JF (PSGx)

PLAINTIFF’S FOURTH MOTION TO CONTINUE
CASE MANAGEMENTCONFERENCE