Zynga Game Network, Inc. v. Williams et al

Filing 46

Declaration of David K. Caplan in Support of 45 Sixth MOTION to Continue or Vacate Case Management Conference; and Memorandum of Points and Authorities filed byZynga Game Network, Inc.. (Related document(s) 45 ) (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.

CASE NO. CV-10:01022 JF (PSGx)
DECLARATION OF DAVID K. CAPLAN IN
SUPPORT OF ZYNGA’S SIXTH MOTION
TO CONTINUE OR VACATE 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 SIXTH MOTION TO CONTINUE OR
VACATE CASE MANAGEMENT CONFERENCE

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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.

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

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

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Accordingly, Zynga will be unable to file the joint case management statement required by Federal

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Rule 26(f)(2) and Civil Local Rule 16-9.

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3.

One of the defendants (Wan Wen-Kuo) is located overseas, and none of the

Defendants have participated in this litigation in any way since being served with process.

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4.

Default has been entered against all Defendants.

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5.

Zynga is unable to submit the instant motion as a stipulation because the Defendants

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have not participated in the litigation.
6.

The Court previously continued the Case Management Conference in this case from

June 8, 2010 to August 27, 2010.
7.

The Court previously continued the Case Management Conference in this case from

August 27, 2010 to November 5, 2010.
8.

The Court previously continued the Case Management Conference in this case from

November 5, 2010 to January 14, 2011.
9.

The Court previously continued the Case Management Conference in this case from

January 14, 2011 to April 15, 2011.
10.

The Court previously continued the Case Management Conference in this case from

April 15, 2011 to May 13, 2011.

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

DECLARATION OF DAVID K. CAPLAN IN SUPPORT
OF ZYNGA’S SIXTH MOTION TO CONTINUE OR
VACATE CASE MANAGEMENT CONFERENCE

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11.

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

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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 SIXTH MOTION TO CONTINUE OR
VACATE CASE MANAGEMENT CONFERENCE