Zynga Game Network, Inc. v. Williams et al
Filing
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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: 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
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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.
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.
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CASE 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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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 Inc.
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(“Zynga”) in this matter. I am over the age of eighteen and am competent to testify. Unless
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otherwise stated herein, I have personal knowledge of the facts stated in this declaration, and if
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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 recently served the Defendants on March 28, 2011, and
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Defendants have not yet responded to Zynga’s request to conduct the conference required by Federal
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Rule 26(f)(1) and prepare the joint statement required by Federal Rule 26(f)(2) and Civil Local Rule
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16-9, Zynga is unable to submit this motion as a stipulation.
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5.
June 8, 2010 to August 27, 2010.
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6.
The Court previously continued the Case Management Conference in this case from
August 27, 2010 to November 5, 2010.
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The Court previously continued the Case Management Conference in this case from
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The Court previously continued the Case Management Conference in this case from
November 5, 2010 to January 14, 2011.
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8.
The Court previously continued the Case Management Conference in this case from
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January 14, 2011 to April 15, 2011.
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-1CASE 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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9.
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 April, 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 FIFTH MOTION TO
CONTINUE CASE MANAGEMENT CONFERENCE
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