Zynga Game Network, Inc. v. Williams et al

Filing 39

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)

1
2
3
4
5
6
7

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]

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)
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.

23
24
25
26
27
28
CASE NO. CV-10:01022 JF (PSGx)
REQUEST FOR ENTRY OF DEFAULT BY THE CLERK

1

To the Clerk of Court:

2

Pursuant to Federal Rule of Civil Procedure 55(a), Plaintiff ZYNGA INC. (“Plaintiff”)

3

moves for entry of default judgment against defendants (1) Jason Williams; (2) Luna Martini; and

4

(3) Wan-Wen Kuo (collectively, “Defendants”) for failure to answer or otherwise plead to the First

5

Amended Complaint. In support of this Motion, Plaintiff states as follows:

6

1.

Plaintiff commenced this action on March 10, 2010, by filing a Complaint against

7

defendants Jason Williams, Luna Martini and John Does 1-5 DBA MW Group in the United States

8

District Court for the Northern District of California.

9
10

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.

11

3.

The Defendants were served with a Summons and a copy of the First Amended

12

Complaint by electronic mail on March 28, 2011, pursuant to the Court’s March 24, 2011 Order

13

Authorizing Plaintiff to Serve Defendants by Electronic Mail. See Proof of Service, Docket No. 36;

14

Order Authorizing Plaintiff to Serve Defendants by Electronic Mail, Docket No 35.

15

4.

Pursuant to the Court’s March 24, 2011 Order Authorizing Plaintiff to Serve

16

Defendants by Electronic Mail, the Defendants were required to serve an answer or otherwise plead

17

to the First Amended Complaint on or before April 18, 2011. See Order Authorizing Plaintiff to

18

Serve Defendants by Electronic Mail, Docket No 35.

19

5.

To date, the Defendants have not served an answer or any other responsive pleading

20

to the First Amended Complaint, nor has any counsel of record made an appearance on the

21

Defendants’ behalf.

22

//

23

//

24

//

25

//

26

//

27

//

28
-1CASE NO. CV-10:01022 JF (PSGx)
REQUEST FOR ENTRY OF DEFAULT BY THE CLERK

1

6.

Federal Rule of Civil Procedure 55(a) provides that “[w]hen a party against whom a

2

judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these

3

rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party’s

4

default.”

5
6
7

WHEREFORE, Plaintiff respectfully requests that the Clerk of the above-entitled Court enter
default in this matter against the Defendants.

8
9
10

Dated: April 22, 2011

By:

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

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-

CASE NO. CV-10:01022 JF (PSGx)
REQUEST FOR ENTRY OF DEFAULT BY THE CLERK