Zynga Game Network, Inc. v. Williams et al
Filing
49
Declaration of David K. Caplan in Support of 48 MOTION for Attorney Fees ; and Memorandum of Points and Authorities filed byZynga Game Network, Inc.. (Attachments: # 1 Exhibit 1-4)(Related document(s) 48 ) (Caplan, David) (Filed on 5/20/2011)
1
2
3
4
5
6
7
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
8
9
Attorneys for Plaintiff
ZYNGA INC.
10
UNITED STATES DISTRICT COURT
11
NORTHERN DISTRICT OF CALIFORNIA
12
SAN JOSE DIVISION
13
14
15
ZYNGA GAME NETWORK INC., a Delaware
Corporation,
16
17
18
19
20
21
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)
DECLARATION OF DAVID K. CAPLAN IN
SUPPORT OF ZYNGA INC.’S MOTION
FOR ATTORNEYS’ FEES
Noted For Hearing:
DATE:
June 24, 2011
TIME:
9:00 a.m.
PLACE: Courtroom 3, 5th Floor
Defendants.
22
23
24
25
26
27
28
CASE NO. CV-10:01022 JF (PSGx)
DECLARATION OF DAVID K. CAPLAN
1
2
I, David K. Caplan, declare as follows:
1.
I am a partner of the firm Keats McFarland & Wilson LLP (“KMW”), counsel to
3
Zynga Inc. (“Zynga”) in this matter. I am over the age of eighteen and am competent to testify.
4
Unless otherwise stated herein, I have personal knowledge of the facts stated in this declaration, and
5
if called upon to do so, I could and would testify competently thereto.
6
2.
Attached hereto as Exhibit 1 is a true and correct copy of the American Intellectual
7
Property Law Association’s (“AIPLA”) Report of the Economic Survey 2009 reports data for typical
8
2008 billing rates for intellectual property attorneys surveyed (the “AILPA Report”). AILPA
9
conducts this survey every other year.
10
11
12
3.
Together with KMW partner Dennis Wilson, I have been responsible for managing
this litigation. I have also been integrally involved in all decisions regarding litigation strategy.
4.
I have practiced law primarily in the field of Internet law and traditional intellectual
13
property law for more than fifteen years. I was admitted to the California State Bar in 1995. A copy
14
of my biography is attached hereto as Exhibit 2. My billing rate throughout this case has been $460
15
per hour through the end of 2010 and $495 per hour beginning in 2011, which is consistent with the
16
billing rates for attorneys with my level of experience as reported in the AILPA Report.
17
5.
Throughout this case, I have regularly delegated tasks to Tara Rose, who is an
18
associate at KMW with approximately three years of intellectual property experience. Ms. Rose
19
assisted in researching and drafting most of the pleadings in this litigation, as well as drafting and
20
assisting in the preparation and issuance of third party subpoenas. Ms. Rose’s practice is primarily
21
focused on Internet law and traditional intellectual property litigation. Ms. Rose was admitted to the
22
California State Bar in 2008. A copy of Ms. Rose’s biography is attached hereto as Exhibit 3. Ms.
23
Rose’s billing rate throughout this case has been $230 per hour through the end of 2010 and $285
24
per hour beginning in 2011, which is consistent with the billing rates for attorneys with her level of
25
experience as reported in the AILPA Report.
26
27
6.
Dennis Wilson, a founding partner of KMW, has also been involved in this case,
consulting with Zynga’s in-house attorneys and other personnel, and coordinating KMW’s efforts in
28
-1-
CASE NO. CV-10:01022 JF (PSGx)
DECLARATION OF DAVID K. CAPLAN
1
prosecuting this case. Mr. Wilson has more than nineteen years of intellectual property experience.
2
His practice is also focused exclusively on Internet law and traditional intellectual property law. He
3
was admitted to the California State Bar in 1991. A copy of Mr. Wilson’s biography is attached
4
hereto as Exhibit 4. Mr. Wilson’s billing rate throughout this case has been $495 per hour through
5
the end of 2010 and $530 per hour beginning in 2011, which is consistent with the billing rates for
6
attorneys with his level of experience as reported in the AILPA Report. Mr. Wilson regularly
7
delegated tasks to me throughout this case.
8
9
7.
Many of the tasks involved in this litigation – which has lasted for over a year –
required significant investments of time and effort. As Zynga documented in the motions it has filed
10
in this case, Defendants concealed their identity and location, which required Zynga to conduct
11
significant third party discovery to determine what name and contact information they provided to
12
third parties with whom they contracted for services related to their unauthorized sale and
13
advertisement of “Virtual Goods” that customers can purportedly use to progress their way through
14
Zynga’s games. This created a substantial amount of work, including drafting motions for third
15
party discovery; preparing and serving third party subpoenas; analyzing the information contained in
16
the documents and electronic records produced in response to the subpoenas; preparing the motion to
17
serve defendants by electronic mail once the available sources of information about Defendants’ true
18
location had been exhausted; and finally, preparing and filing the motion for default judgment.
19
8.
Zynga’s counsel also analyzed publicly available information about the Defendants in
20
order to identify potential third party witnesses, and to confirm the extent of Defendants’ “Virtual
21
Goods” selling activity. This analysis was necessary to identify third parties likely to have
22
information about Defendants’ identities and locations, and to confirm the extent of the Defendants’
23
“Virtual Goods” selling activities.
24
9.
To the maximum extent possible in light of the substantial amount of work required
25
to assemble and present Zynga’s case to the Court, KMW staffed its work so as to achieve maximum
26
efficiency, including by diligently delegating work to less expensive time keepers and not billing
27
Zynga for some time actually worked.
28
-2CASE NO. CV-10:01022 JF (PSGx)
DECLARATION OF DAVID K. CAPLAN
1
10.
KMW requires lawyers and other timekeepers to record their time so as to be
2
prepared for fee petitions and to track investment in any particular matter. Consistent with KMW’s
3
practice, all time related to this matter was recorded by all timekeepers, with appropriate narrative
4
descriptions, on a daily basis. In preparing the instant motion, I have reviewed all of KMW’s time
5
records for this matter.
6
11.
Over the course of this litigation, I spent 15.3 hours in obtaining the default judgment
7
against the Defendants. At my hourly rate of $460 through the end of 2010 and $495 beginning in
8
2011, Zynga was billed $7,146.50 for my time in obtaining the default judgment against the
9
Defendants.
10
12.
Over the course of this litigation, Ms. Rose spent 59.2 hours in obtaining the default
11
judgment against the Defendants. At her hourly rate of $230 through the end of 2010 and $285
12
beginning in 2011, Zynga was billed $14,067.00 for her time in obtaining the default judgment
13
against the Defendants
14
13.
Over the course of this litigation, Mr. Wilson spent 2.4 hours in obtaining the default
15
judgment against the Defendants. At his hourly rate of $495 through the end of 2010 and $530
16
beginning in 2011, Zynga was billed $1,205.50 for his time in obtaining the default judgment against
17
the Defendants.
18
14.
No conference regarding Zynga’s request for an award of fees in this case was
19
possible because the Defendants have failed to participate in this litigation.
20
//
21
//
22
//
23
//
24
//
25
//
26
//
27
//
28
-3CASE NO. CV-10:01022 JF (PSGx)
DECLARATION OF DAVID K. CAPLAN
1
2
15.
Pursuant to Civil Local Rule 54-5(b)(2), Zynga is prepared to submit its
contemporaneous time records for the Court’s in camera inspection, should the Court so request.
3
4
5
I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
6
7
Executed this 20th day of May, 2011 at Natick, Massachusetts.
8
/s/
9
David K. Caplan
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-4CASE NO. CV-10:01022 JF (PSGx)
DECLARATION OF DAVID K. CAPLAN
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?