Zynga Game Network, Inc. v. Williams et al

Filing 44

Declaration of David K. Caplan in Support of 43 MOTION for Default Judgment as to DEFENDANTS JASON WILLIAMS, LUNA MARTINI AND WAN-WEN KUO; AND MEMORANDUM OF POINTS AND AUTHORITIES filed byZynga Game Network, Inc.. (Attachments: # 1 Exhibit 1-6)(Related document(s) 43 ) (Caplan, David) (Filed on 5/6/2011)

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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
Defendants.

CASE NO. CV-10:01022 JF (PSGx)
DECLARATION OF DAVID K. CAPLAN IN
SUPPORT OF MOTION FOR DEFAULT
JUDGMENT AS TO DEFENDANTS JASON
WILLIAMS, LUNA MARTINI AND WANWEN KUO
Noted For Hearing:
DATE:
June 24, 2011
TIME:
9:00 a.m.
PLACE: Courtroom 3, 5th Floor

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

DECLARATION OF DAVID K. CAPLAN

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I, David K. Caplan, declare as follows:
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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.

Attached hereto as Exhibit 1 is a true and correct copy of the Terms of Service that

governed use of Zynga’s Mafia Wars game from August 1, 2009 until July 1, 2010.
3.

Attached hereto as Exhibit 2 is a true and correct copy of the Terms of Service that

governed use of Zynga’s Mafia Wars game from July 2, 2010 until November 29, 2010.
4.

Attached hereto as Exhibit 3 is a true and correct copy of the Terms of Service that

have governed use of Zynga’s Mafia Wars game since November 30, 2010.
5.

To the best of Zynga’s knowledge, Defendants are not infants or incompetent

persons, nor does the Servicemembers Civil Relief Act, 50 U.S.C. App. § 501 et seq., apply to them.
6.

Attached hereto as Exhibit 4 is a true and correct copy of a portion of the

MWBLACKMARKET.COM website as it appeared on December 4, 2009
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Attached hereto as Exhibit 5 are true and correct copies of portions of the

MWFEXPRESS.COM website as it appeared on October 27, 2009 and December 4, 2009.
8.

Attached hereto as Exhibit 6 is a true and correct copy of a portion of the

MAFIAWARSDIRECT.COM website as it appeared on January 28, 2010.

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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 6th day of May, 2011 at Natick, Massachusetts.

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/s/

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David K. Caplan
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CASE NO. CV-10:01022 JF (PSGx)
DECLARATION OF DAVID K. CAPLAN