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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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 INC. 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN JOSE DIVISION 14 15 16 ZYNGA GAME NETWORK INC., a Delaware Corporation, 17 18 19 20 21 22 Plaintiff, v. CASE NO. CV-10:01022 JF (PSGx) DECLARATION OF DAVID K. CAPLAN IN SUPPORT OF ZYNGA’S FIFTH 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. 23 24 25 26 27 28 CASE NO. CV-10:01022 JF (PSGx) DECLARATION OF DAVID K. CAPLAN IN SUPPORT OF ZYNGA’S FIFTH MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE 1 I, David K. Caplan, declare as follows: 2 1. I am a partner of the firm Keats McFarland & Wilson LLP, counsel to Zynga Inc. 3 (“Zynga”) in this matter. I am over the age of eighteen and am competent to testify. Unless 4 otherwise stated herein, I have personal knowledge of the facts stated in this declaration, and if 5 called upon to do so, I could and would testify competently thereto. 6 2. To date, Zynga has been unable to conduct the conference required by Federal Rule 7 of Civil Procedure (“Federal Rule”) 26(f)(1), and will not be able to timely file the joint statement 8 required by Federal Rule 26(f)(2) and Civil Local Rule 16-9 in this case. 9 3. Failure to continue the Case Management Conference would prejudice Zynga’s 10 ability to prosecute its case against Defendants because Zynga will be unable to effect service on 11 Defendants with sufficient time for Zynga to fulfill its obligations under Rule 26(f)(1). 12 4. The fact that Zynga recently served the Defendants on March 28, 2011, and 13 Defendants have not yet responded to Zynga’s request to conduct the conference required by Federal 14 Rule 26(f)(1) and prepare the joint statement required by Federal Rule 26(f)(2) and Civil Local Rule 15 16-9, Zynga is unable to submit this motion as a stipulation. 16 17 5. June 8, 2010 to August 27, 2010. 18 19 6. The Court previously continued the Case Management Conference in this case from August 27, 2010 to November 5, 2010. 20 21 The Court previously continued the Case Management Conference in this case from 7. The Court previously continued the Case Management Conference in this case from November 5, 2010 to January 14, 2011. 22 8. The Court previously continued the Case Management Conference in this case from 23 January 14, 2011 to April 15, 2011. 24 // 25 // 26 // 27 28 -1CASE NO. CV-10:01022 JF (PSGx) DECLARATION OF DAVID K. CAPLAN IN SUPPORT OF ZYNGA’S FIFTH MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE 1 9. The requested continuance will not affect the schedule for this case other than the 2 Case Management Conference because the Court has not yet issued a scheduling order pursuant to 3 Rule 16(b). 4 5 6 I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. 7 8 Executed this 5th day of April, 2011 at Beverly Hills, California. 9 10 ______/s/__________________________ David K. Caplan 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2CASE NO. CV-10:01022 JF (PSGx) DECLARATION OF DAVID K. CAPLAN IN SUPPORT OF ZYNGA’S FIFTH MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE

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