Zynga Game Network, Inc. v. Williams et al

Filing 33

Declaration of David K. Caplan in Support of 32 Fourth MOTION to Continue Case Management Conference; and Memorandum of Points and Authorities filed byZynga Game Network, Inc.. (Related document(s) 32 ) (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.

CASE NO. CV-10:01022 JF (PSGx)
DECLARATION OF DAVID K. CAPLAN IN
SUPPORT OF ZYNGA’S FOURTH
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 (PSGx)

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

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I, David K. Caplan, declare as follows:

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1.

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.

submitting this motion as a stipulation.

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

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

August 27, 2010 to November 5, 2010.

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7.

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

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November 5, 2010 to January 14, 2011.

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

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

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8.

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 5th day of January, 2011 at Beverly Hills, California.

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______________/s/__________________
David K. Caplan

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

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