Zynga Game Network, Inc. v. Williams et al

Filing 37

Fifth MOTION to Continue Case Management Conference filed by Zynga Game Network, Inc.. (Attachments: # 1 Affidavit, # 2 Proposed Order, # 3 Affidavit)(Caplan, David) (Filed on 4/5/2011)

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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 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 FIFTH 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 FIFTH MOTION TO CONTINUE
CASE MANAGEMENTCONFERENCE

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MOTION
Plaintiff Zynga Inc.1 (“Zynga”) hereby moves the Court pursuant to Civil Local Rule 7-11 for

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an order continuing the Case Management Conference in this matter. This motion is based on the

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Motion, the declaration of David K. Caplan, the [Proposed] Order, all pleadings on file in this action,

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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 April 15, 2011 shall be
continued.

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MEMORANDUM OF POINTS AND AUTHORITIES

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I.

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INTRODUCTION

Zynga respectfully requests that the Court continue the Case Management Conference
currently scheduled for May 15, 2011 for four (4) weeks.

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On September 7, 2010, Zynga filed its First Amended Complaint. (Dkt. No. 22.)

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On October 8, 2010, Zynga filed its motion for leave to serve the Defendants in this case by

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electronic mail (“e-mail”). (Dkt. No. 26.) On March 25, 2011, the Court granted Zynga’s motion

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authorizing Zynga to serve the Defendants by e-mail. (Dkt. No. 35.) On March 28, 2011, Zynga

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served the Defendants with the Summons, First Amended Complaint and documents required by

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Civil Local Rule 4-2 by e-mail. (See Dkt. No. 36.) Based on this date, the Defendants are required

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to respond to Zynga’s First Amended Complaint on or before April 18, 2011.

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On January 6, 2011, the Court continued the Case Management Conference until April 15,

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2011, and continued all related dates accordingly. (Dkt. No. 34.) The deadline to file the Federal

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Rule of Civil Procedure (“Federal Rule”) 26(f) report is Friday, April 8, 2011.

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On March 30, 2011, counsel for Zynga sent the Defendants an e-mail reminding them of the

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Case Management Conference scheduled for April 15, 2011 and requirement to meet and confer and

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file the Rule 26(f) Report. Counsel for Zynga requested that the Defendants contact Zynga’s counsel

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Zynga Game Network Inc. formally changed its corporate name to Zynga Inc. on November 17,
2010.
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PLAINTIFF’S FIFTH MOTION TO CONTINUE
CASE MANAGEMENTCONFERENCE

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no later than April 4, 2011 to schedule a time to meet and confer and prepare the joint Rule 26(f)

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Report. To date, counsel for Zynga has not received a response from the Defendants.

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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 had been unable to serve the defendants with

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process until March 28, 2011. (See Dkt. Nos. 26-27.) As a result, while Zynga has been diligently

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pursuing the necessary discovery in this case, Zynga has been unable to conduct the conference

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required by Federal Rule 26(f)(1), and will not be able to timely file the joint statement required by

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

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Zynga’s Fifth Motion to Continue Case Management Conference (“Caplan Decl.”), ¶ 2.)

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Accordingly, it will be impractical for the Case Management Conference to proceed as scheduled on

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April 15, 2011, and there is good cause for the Court to continue the Case Management Conference.2
Assuming the Defendants respond to Zynga’s First Amended Complaint on or before April

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18, 2011, 3 and allowing sufficient time for the parties to fulfill their obligations under the Federal

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

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Management Conference for four (4) weeks until May 13, 2011, or another date that is convenient

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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
continuing the Case Management Conference and all related dates in this matter until May 13, 2011,

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The fact that Zynga recently served the Defendants on March 28, 2011, and Defendants have not
yet responded to Zynga’s request to conduct the conference required by Federal Rule 26(f)(1) and
prepare the joint statement required by Federal Rule 26(f)(2) and Civil Local Rule 16-9, Zynga is
unable to submit this motion as a stipulation. (Caplan Decl. ¶ 4.)
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If the Defendants do not respond to Zynga’s First Amended Complaint on or before April 18, 2011,
Zynga will request that the clerk enter the Defendants’ default.

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

PLAINTIFF’S FIFTH MOTION TO CONTINUE
CASE MANAGEMENTCONFERENCE

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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: April 5, 2011

By:

/s/
David K. Caplan
Keats McFarland & Wilson LLP
Attorneys for Plaintiff
ZYNGA INC.

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-3CASE NO. CV-10:01022 JF (PSGx)

PLAINTIFF’S FIFTH MOTION TO CONTINUE
CASE MANAGEMENTCONFERENCE