Libyan Jamahiriya Broadcasting Corporation v. Saleh

Filing 12

Ex Parte Application for Order for Alternative Service filed by Libyan Jamahiriya Broadcasting Corporation. (Attachments: # 1 Affidavit Declaration of Al Duncan, # 2 Affidavit Declaration of John Fuisz, # 3 Exhibit Exhibit A to Fuisz Declaration, # 4 Exhibit Exhibit B to Fuisz Declaration, # 5 Exhibit Exhibit C to Fuisz Declaration, # 6 Exhibit Exhibit D to Fuisz Declaration, # 7 Exhibit Exhibit E to Fuisz Declaration, # 8 Exhibit Exhibit F to Fuisz Declaration, # 9 Exhibit Exhibit G to Fuisz Declaration, # 10 Exhibit Exhibit H to Fuisz Declaration, # 11 Exhibit Exhibit I to Fuisz Declaration, # 12 Exhibit Exhibit J to Fuisz Declaration)(Ishimoto, Jennifer) (Filed on 9/27/2010)

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1 JOHN R. FUISZ (pro hac vice) THE FUISZ LAW FIRM 2 1455 Pennsylvania Avenue, NW Suite 400 3 Washington, DC 20004 Telephone: (202) 621-1889 4 E-mail: Jfuisz@fuiszlaw.com 5 JENNIFER L. ISHIMOTO (SBN 211845) BANIE & ISHIMOTO LLP 6 2225 East Bayshore Road, Suite 200 Palo Alto, CA 94303 7 Telephone: (650) 320-1628 Facsimile: (650) 320-1628 8 E-mail: ishimoto@banishlaw.com 9 Attorneys for Plaintiff Libyan Jamahiriya Broadcasting Corporation 10 11 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 15 16 Libyan Jamahiriya Broadcasting Corporation, Plaintiff, 17 18 19 Civil Action No. 5:10-CV-03713-JF PVT DECLARATION OF JOHN R FUISZ IN SUPPORT OF EX PARTE MOTION vs. Abdalla Saleh, Defendant. 20 21 22 23 24 Pursuant to 28 U.S.C. § 1746, I, John R Fuisz, being of mature age and having mental capacity to do so, hereby, declare and state as follows: 25 26 1. I have personal knowledge of the facts alleged herein and could competently 27 testify thereto in a court of law. 28 BANIE & ISHIMOTO LLP -1DECLARATION OF JOHN R. FUISZ IN SUPPORT OF EX PARTE MOTION CASE NO. 5:10-CV-03713-JF PVT 1 2. On information and belief, Plaintiff Libyan Jamahiriya Broadcasting Corporation 2 (“LJBC”) provided YouTube LLC with Notification under the United States Digital Millennium 3 Act, 17 U.S.C. §512 that an individual with the user name of “abdoellibie” had posted materials 4 that infringed upon one or more LJBC owned copyrights. A true and accurate copy of the May 5 6 7 22, 2010 email submission is attached as Exhibit A. 3. On information and belief, “abdoellibie” provided the attached counter-designation 8 to YouTube LLC using “abdoellibie@yahoo.com.” A true and accurate copy of the August 10, 9 2010 email is attached as Exhibit B. The email address “abdoellibie@yahoo.com” was used by 10 an individual identified as Abdalla Saleh. In the counter-designation, the individual states under 11 penalty of perjury: 12 I hereby consent to the jurisdiction of the Federal District Court for the district in which I reside (or if my address is outside of the United States, the judicial district in which YouTube is located, and will accept service of process from the claimant…. 13 14 15 My name, address, and telephone number are: Abdalla Saleh20 Sahllmar Blvd, Toronto ON Tel:. 6476286321 E-mail: abdoellibie@yahoo.com YouTube user Account Name: Abdoellibie 16 17 18 19 4. On information and belief, YouTube LLC is located at 901 Cherry Ave., San 20 Bruno, California, 94066. 21 5. On August 20, 2010, YouTube LLC was provided with Notification under 17 22 U.S.C. §512(g). The Notification, including a copy of the complaint, was faxed and emailed to 23 24 YouTube (fax 650.872.8513 and email copyright@youtube.com) and emailed to Abdalla Saleh 25 (email abdoellibie@yahoo.com). A true and accurate copy is attached as Exhibit C. 26 6. On August 21, 2010, the Civil Cover Sheet, Complaint, Summons, Certification of 27 Interest, Application for Pro Hac Vice, Order Setting Initial Case management Conference and 28 BANIE & ISHIMOTO LLP -2DECLARATION OF JOHN R. FUISZ IN SUPPORT OF EX PARTE MOTION CASE NO. 5:10-CV-03713-JF PVT 1 ADR Deadlines, Civil Standing Orders for Magistrate Judge Joseph C. Spero, Notice of Rule 2 Discontinuing Mail Service, Notice of Assignment of Case and Order of Chief Judge In Re: 3 Electronic Filing was sent by U.S. Post Office Global Express to Abdalla Saleh, 20 Shallmar 4 Blvd., Toronto ON, Canada. A true and accurate copy of the mailing receipts are attached as 5 6 Exhibit D. On information and belief, 20 Shallmar is an apartment building and requires an 7 apartment number for delivery. On information and belief, the August 21, 2010 package has not 8 been able to be delivered. A true and accurate copy of the tracking information is attached as 9 Exhibit E. 10 11 7. A true and accurate copy of Popular Enters., LLC v. Webcom Media Group, Inc., 225 F.R.D. 560 (E.D. Tenn. 2004) is attached as Exhibit F. 12 8. A true and accurate copy of Williams-Sonoma, Inc. v. FriendFinder, 2007 WL 13 14 15 4973848 (N.D. Cal. 2007) is attached as Exhibit G. 9. A true and accurate copy of BP Products of North America, Inc. v. Dagra, 236 16 F.R.D. 270 (E.D. Va. 2006) is attached as Exhibit H. 17 18 19 10. A true and accurate copy of MPS IP Services Corp. v. Modis Communications, Inc., 2007 WL 723841(M.D. Fla. 2007)(Dkt. 11) is attached as Exhibit I. 11. A true and accurate copy of Nanya Technology Corp. v. Fujitsu Ltd., 2007 WL 20 21 22 269087 (D. Guam 2007) is attached as Exhibit J. 12. The United States and Canada are both signatories to the Hague Convention on 23 the Service Abroad of Judicial and Extra-Judicial Documents in Civil and Commercial Matters. 24 See http://www.hcch.net/index_en.php?act=conventions.status&cid=17. 25 26 27 28 BANIE & ISHIMOTO LLP -3DECLARATION OF JOHN R. FUISZ IN SUPPORT OF EX PARTE MOTION CASE NO. 5:10-CV-03713-JF PVT 1 I declare under penalty of perjury that the foregoing is true and correct to the best of my 2 ability. 3 4 Dated: September 27, 2010 5 _/s/ John R. Fuisz_____________________ John R. Fuisz 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BANIE & ISHIMOTO LLP -4DECLARATION OF JOHN R. FUISZ IN SUPPORT OF EX PARTE MOTION CASE NO. 5:10-CV-03713-JF PVT

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