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)

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

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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

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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: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

/s/ Justin P.D. Wilcox
Justin P.D. Wilcox (Va. Bar No. 66067)
[e-mail]
COOLEY LLP
One Freedom Square, Reston Town Center
11951 Freedom Drive
Reston, VA 20190-5656
Telephone: [phone]
Facsimile: 703.456.8100
Attorneys for Facebook, Inc.

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