Pragmatus AV, LLC v. Facebook, Inc.

Filing 16

Memorandum in Support re 15 MOTION for More Definite Statement filed by Facebook, Inc.. (Attachments: # 1 Declaration of Justin P.D. Wilcox, # 2 Exhibit A)(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

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 hereby certify that on the 25th 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 the 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.