Zynga Game Network, Inc. v. Williams et al
Filing
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MOTION for Entry of Default by the clerk as to JASON WILLIAMS, LUNA MARTINI AND WAN-WEN KUO filed by Zynga Game Network, Inc.. (Caplan, David) (Filed on 4/22/2011)
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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)
PLAINTIFF’S REQUEST FOR ENTRY OF
DEFAULT BY THE CLERK AGAINST
DEFENDANTS JASON WILLIAMS, LUNA
MARTINI AND WAN-WEN KUO
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)
REQUEST FOR ENTRY OF DEFAULT BY THE CLERK
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To the Clerk of Court:
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Pursuant to Federal Rule of Civil Procedure 55(a), Plaintiff ZYNGA INC. (“Plaintiff”)
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moves for entry of default judgment against defendants (1) Jason Williams; (2) Luna Martini; and
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(3) Wan-Wen Kuo (collectively, “Defendants”) for failure to answer or otherwise plead to the First
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Amended Complaint. In support of this Motion, Plaintiff states as follows:
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1.
Plaintiff commenced this action on March 10, 2010, by filing a Complaint against
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defendants Jason Williams, Luna Martini and John Does 1-5 DBA MW Group in the United States
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District Court for the Northern District of California.
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2.
Plaintiff filed its First Amended Complaint on September 7, 2010 against defendants
Jason Williams, Luna Martini, Wan-Wen Kuo and John Does 2-5 DBA MW Group.
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3.
The Defendants were served with a Summons and a copy of the First Amended
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Complaint by electronic mail on March 28, 2011, pursuant to the Court’s March 24, 2011 Order
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Authorizing Plaintiff to Serve Defendants by Electronic Mail. See Proof of Service, Docket No. 36;
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Order Authorizing Plaintiff to Serve Defendants by Electronic Mail, Docket No 35.
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4.
Pursuant to the Court’s March 24, 2011 Order Authorizing Plaintiff to Serve
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Defendants by Electronic Mail, the Defendants were required to serve an answer or otherwise plead
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to the First Amended Complaint on or before April 18, 2011. See Order Authorizing Plaintiff to
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Serve Defendants by Electronic Mail, Docket No 35.
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5.
To date, the Defendants have not served an answer or any other responsive pleading
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to the First Amended Complaint, nor has any counsel of record made an appearance on the
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Defendants’ behalf.
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-1CASE NO. CV-10:01022 JF (PSGx)
REQUEST FOR ENTRY OF DEFAULT BY THE CLERK
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6.
Federal Rule of Civil Procedure 55(a) provides that “[w]hen a party against whom a
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judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these
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rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party’s
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default.”
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WHEREFORE, Plaintiff respectfully requests that the Clerk of the above-entitled Court enter
default in this matter against the Defendants.
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Dated: April 22, 2011
By:
/s/
David K. Caplan
Keats McFarland & Wilson LLP
Attorneys for Plaintiff
ZYNGA INC.
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-2-
CASE NO. CV-10:01022 JF (PSGx)
REQUEST FOR ENTRY OF DEFAULT BY THE CLERK
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