Pragmatus AV, LLC v. Facebook, Inc.

Filing 11

Memorandum in Support re 10 MOTION to Dismiss or, in the Alternative, for a More Definite Statement filed by Facebook, Inc.. (Attachments: # 1 Declaration of Justin P.D. Wilcox, # 2 Exhibit A to the Wilcox Declaration)(Wilcox, Justin)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA NORFOLK DIVISION PRAGMATUS AV, LLC, Civil Action No. 2:10-cv-00560-HCM/FBS Plaintiff, v. FACEBOOK, INC., Defendant. DECLARATION OF JUSTIN P.D. WILCOX IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S RULE 12(b)(6) MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR A MORE DEFINITE STATEMENT I, Justin P.D. Wilcox, hereby declare and state as follows: 1. I am an attorney licensed to practice in the Commonwealth of Virginia, where I am an associate at the law firm of Cooley LLP, counsel in the above-captioned matter for Defendant Facebook, Inc. (“Facebook”). This declaration is based on my own personal knowledge. If called upon to testify, I could and would testify competently thereto. 2. Attached as Exhibit A is a true and correct copy of an Order Granting Motion to Dismiss in Quito Enterprises, LLC v. Netflix, Inc., Case No. 08-23543-CIV (S.D. Fla.), dated August 4, 2009. I declare under penalty of perjury under the laws of the United States of America that the 1. foregoing is true and correct and that this declaration was executed by me on this 21st day of January, 2011 at Reston, Virginia. /s/ Justin P.D. Wilcox Justin P.D. Wilcox 2. CERTIFICATE OF SERVICE I certify that on the 21st day of January, 2011, I will electronically file the foregoing DECLARATION OF JUSTIN P.D. WILCOX IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S RULE 12(b)(6) MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR A MORE DEFINITE STATEMENT with the Clerk of Court using the CM/ECF system, which will then send a notification of such filing (NEF) to the following: Mark W. Wasserman (VSB #22638) Matthew R. Sheldon (VSB #41892) Counsel for Plaintiff, Pragmatus AV, LLC REED SMITH LLP 3110 Fairview Park Drive Suite 1400 Falls Church, Virginia 22042 Telephone: (703) 641-4229 Facsimile: (703) 641-4340 mwasserman@reedsmith.com msheldon@reedsmith.com /s/ Justin P.D. Wilcox Justin P.D. Wilcox (Va. Bar No. 66067) jwilcox@cooley.com COOLEY LLP One Freedom Square, Reston Town Center 11951 Freedom Drive Reston, VA 20190-5656 Telephone: 703.456.8000 Facsimile: 703.456.8100 Attorneys for Facebook, Inc. 3.

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