Zynga Game Network, Inc. v. Williams et al

Filing 45

Sixth MOTION to Continue or Vacate Case Management Conference; and Memorandum of Points and Authorities filed by Zynga Game Network, Inc.. (Attachments: # 1 Proposed Order, # 2 Affidavit)(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

CASE NO. CV-10:01022 JF (PSGx)
PLAINTIFF’S SIXTH MOTION TO
CONTINUE OR VACATE CASE
MANAGEMENT CONFERENCE; AND
MEMORANDUM OF POINTS AND
AUTHORITIES
No Hearing Date Requested

Defendants.

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

PLAINTIFF’S SIXTH MOTION TO CONTINUE
OR VACATE CASE MANAGEMENTCONFERENCE

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MOTION
Plaintiff Zynga Inc. (“Zynga”) hereby moves the Court pursuant to Civil Local Rule 7-11 for

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an order continuing the Case Management Conference in this matter. This motion is based on the

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Motion, the declaration of David K. Caplan, the [Proposed] Order, all pleadings on file in this action,

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and any other matter that may be submitted in support of the motion.

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ISSUE TO BE DECIDED
Whether the Case Management Conference currently scheduled for May 13, 2011 shall be
continued.
MEMORANDUM OF POINTS AND AUTHORITIES
I.

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INTRODUCTION

Zynga respectfully requests that the Court continue or vacate the Case Management
Conference currently scheduled for May 13, 2011.
II.

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FACTS

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On September 7, 2010, Zynga filed its First Amended Complaint. (Dkt. No. 22.)

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On October 8, 2010, Zynga filed its motion for leave to serve the defendants Jason Williams,

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Luna Martini and Wan-Wen Kuo (“Defendants”) in this case by electronic mail (“e-mail”). (Dkt.

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No. 26.) On March 25, 2011, the Court granted Zynga’s motion authorizing Zynga to serve the

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Defendants by e-mail. (Dkt. No. 35.) On March 28, 2011, Zynga served the Defendants with the

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Summons, First Amended Complaint and documents required by Civil Local Rule 4-2 by e-mail.

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(See Dkt. No. 36.) Based on this date, the Defendants were required to respond to Zynga’s First

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Amended Complaint on or before April 18, 2011. To date, Defendants have not filed a response to

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Zynga’s First Amended Complaint.

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On April 13, 2011, the Court continued the Case Management Conference until May 13,

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2011, and continued all related dates accordingly. (Dkt. No. 38.) The deadline to file the Federal

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Rule of Civil Procedure (“Federal Rule”) 26(f) report is Friday, May 6, 2011.

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On April 22, 2011, Zynga filed its request for entry of default by the Clerk against

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Defendants. (Dkt. No. 39.). The Clerk entered Defendant’s default on May 2, 2011. (Dkt. No. 42.)

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-1CASE NO. CV-10:01022 JF (PSGx)

PLAINTIFF’S SIXTH MOTION TO CONTINUE
OR VACATE CASE MANAGEMENTCONFERENCE

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On May 6, 2011, Zynga filed its Motion for Default Judgment against Defendants. (Dkt. No.

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43.) The Motion noticed a hearing date of June 24, 2011. This Motion is currently pending before

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the Court.

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III.

ARGUMENT

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There is good cause to continue the Case Management Conference in this case.

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Because the Defendants have not participated in the litigation, Zynga has been unable to

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conduct the conference required by Federal Rule of Civil Procedure (“Federal Rule”) 26(f)(1).

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(Declaration of David K. Caplan in Support of Zynga’s Sixth Motion to Continue or Vacate Case

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Management Conference (“Caplan Decl.”) ¶ 2.) Accordingly, Zynga will be unable to file the joint

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case management statement required by Federal Rule 26(f)(2) and Civil Local Rule 16-9. (Id.) As a

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result, it will be impractical for the Case Management Conference to proceed as scheduled on May

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13, 2011.
Moreover, it is highly unlikely that the Case Management Conference will be held at all.

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Default has been entered against all remaining defendants. (Id. ¶ 4.) As a result, Zynga has filed its

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Motion for Default Judgment against the Defendants. (Dkt. No. 43.) Accordingly, there is good

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cause for the Court to: 1) continue the Case Management Conference to a date far enough in the

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future for default proceedings to be completed; or 2) vacate the Case Management Conference from

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the Court’s calendar. In the event the Court continues the Case Management Conference, Zynga

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respectfully proposes that the conference be continued until July 8, 2011, or another date that is

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convenient for the Court.

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-2CASE NO. CV-10:01022 JF (PSGx)

PLAINTIFF’S SIXTH MOTION TO CONTINUE
OR VACATE CASE MANAGEMENTCONFERENCE

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IV.

CONCLUSION

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For the foregoing reasons, Zynga respectfully requests that the Court issue an order

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continuing or vacating the Case Management Conference. A proposed order is submitted herewith.

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Zynga will gladly provide any additional information the Court may request regarding this Motion.

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Dated: May 6, 2011

By:

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

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-3CASE NO. CV-10:01022 JF (PSGx)

PLAINTIFF’S SIXTH MOTION TO CONTINUE
OR VACATE CASE MANAGEMENTCONFERENCE