Williams v. Scribd, Inc. et al

Filing 24

Ex Parte MOTION to Continue Early Neutral Evaluation Conference by Scribd, Inc.. (Attachments: # 1 Proposed Order (also e-mailed))(Sybert, Richard) qc mail sent re proposed orders (kaj).

Williams v. Scribd, Inc. et al

Doc. 24

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Richard P. Sybert, Bar No. 80731 email [e-mail] Yuo-Fong C. Amato, Bar No. 261453 email [e-mail] GORDON & REES LLP 101 W. Broadway, Suite 1600 San Diego, California 92101 tel [phone] / fax [phone] Attorneys for Defendant SCRIBD, INC.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

LARRY WILLIAMS,

) ) Plaint iff, ) ) vs. ) ) SCRIBD, INC., a corporation, GalaxiaMia sued as ) DOE 1; api_user_11797_malvik as DOE 2; ) alukmanto as DOE 3; api_user_11797_NEBOJSAJE ) as DOE 4; mikaj as Doe 5; Srikanthbnm sued as ) DOE 6; api_user_11797_Sathis sued as DOE 7; ) api_user_11797_tevado... sued as DOE 8; ) api_user_11797_ingrid... sued as DOE 9; and DOES ) 10 to 40 are upload infringers to be named, ) ) Defendants. ) )

CASE NO. 09-cv-1836-LAB-BGS DEFENDANT SCRIBD, INC.'S EX PARTE APPLICATION TO RESCHEDULE THE ENE CONFERENCE AND FOR INSURANCE CARRIER'S TELEPHONIC APPEARANCE Filed concurrent ly wit h: (1) Declarat ion of Yuo-Fong C. Amato; (2) Declarat ion of Richard P. Sybert; (3) Proposed Order.

Defendant Scribd, Inc. ("Defendant" or "Scribd") hereby files this ex parte applicat ion requesting the rescheduling the Early Neutral Evaluation ("ENE") conference and for the telephonic appearance o f Scribd's insurance carrier. Rescheduling the ENE Conference On July 9, 2010, the Court issued a Notice and Order for Early Neutral Evaluat ion Conference, and set the ENE date and time for August 4, 2010, at 9:00 a.m. However, lead counsel for Scribd, Richard P. Sybert, is required to prepare and defend previously scheduled

-1SCRIBD, INC.'S EX PARTE APPLICATION REGARDING THE ENE CONFERENCE CASE NO. 09-CV-1836-LAB-BGS
Dockets.Justia.com

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depositions in a major trade secrets case in Denver, Colorado the entire week of August 2, 2010. Declaration of Richard P. Sybert, ¶ 2. Scribd has been working to find a workable replacement date, subject to the Court's approval. Due to conflict ing schedules of plaint iff Larry Williams, his counsel, Scribd, Scribd's insurance carrier, and Scribd's counsel (us), the only date in the reasonably near future on which everyo ne is available is September 30, 2010. Declarat ion of Yuo-Fong C. Amato ("Amato Decl."), ¶ 2. Plaint iff's counsel states that he does not oppose this change. Id. Scribd therefore respectfully requests that this Court reschedule the ENE conference for September 30, 2010. Telephonic Appearance of Scribd's Insurance Carrier A Scribd representative with full authorit y to settle will be present at the ENE conference. However, the representative for Scribd's insurance carrier would have to travel to San Diego from New York and miss at least two full days at work, if not more, to attend the ENE in person. Therefore, Scribd respectfully requests that this Court allow the telephonic appearance of Scribd's insurance carrier. Plaint iff's counsel states that he does not oppose this request so long as Scribd discloses the identit y of the insurance carrier, which Scribd has agreed to do. Amato Decl., ¶ 2.

Dated: July 26, 2010

Respect fully submitted, GORDON & REES LLP by _/s/Richard P. Sybert Richard P. Sybert Yuo-Fong C. Amato Attorneys for Defendant SCRIBD, INC.

-2SCRIBD, INC.'S EX PARTE APPLICATION REGARDING THE ENE CONFERENCE CASE NO. 09-CV-1836-LAB-BGS

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DECLARATION OF YUO-FONG C. AMATO I, Yuo-Fong C. Amato, declare: 1. I am one of the attorneys in the above-ent it led matter for Defendant Scribd, Inc.

("Scribd"). I am over the age of 18 years and a resident of San Diego County. I am admitted to the bar of the State of California, and am an active member of the California State Bar, in good standing. I have first hand knowledge o f the matters of fact stated herein. If called as a witness, I could and would testify co mpetently to such facts under oath. 2. Between July 12, 2010 and July 16, 2010, I communicated on mult iple

occasions wit h Mr. Kurt Hallock, counsel o f record for Plaint iff Larry Williams in this matter, in an unsuccessful effort to find mutually agreeable dates to which the Early Neutral Evaluat ion ("ENE") conference might be rescheduled. However, on July 20, 2010, I tried again, and Mr. Hallock stated that he and his client would be available on September 30, 2010. While Mr. Hallock declined to file a jo int motion, he indicated that he and his client would not oppose Scribd's ex parte applicat ion as to the rescheduling issue, as long as Scribd requested September 30, 2010 as the alternate date for the ENE conference. He also indicated that he and his client would not oppose Scribd's ex parte applicat ion as to the telephonic appearance issue for Scribd's insurance carrier, as long as Scribd revealed the ident it y of its carrier. We received this informat ion on July 26, 2010, and I have prompt ly co mmunicated the informat ion to Mr. Hallock and informed him that Scribd will be filing the instant ex parte applicat ion today on July 26, 2010. I declare under penalt y o f perjury under the laws of the state of California and the United States that the foregoing is true and correct. Executed on July 26, 2010 in San Diego, California.

__________________________________ Yuo-Fong C. Amato

-3SCRIBD, INC.'S EX PARTE APPLICATION REGARDING THE ENE CONFERENCE CASE NO. 09-CV-1836-LAB-BGS

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DECLARATION OF RICHARD P. SYBERT I, Richard P. Sybert, declare: 1. I am one of the attorneys in the above-ent it led matter for Defendant Scribd, Inc.

("Scribd"). I am over the age of 18 years and a resident of San Diego County. I am admitted to the bar of the State of California, and am an active member of the California State Bar, in good standing. I have first hand knowledge o f the matters of fact stated herein. If called as a witness, I could and would testify co mpetently to such facts under oath. 2. Prior to this Court's issuance o f the Notice and Order for Early Neutral

Evaluat ion ("ENE") Conference on July 9, 2010, I was scheduled to prepare and defend the key deposit ions in a major trade secrets case in Denver, Colorado for the ent ire week of August 2, 2010. I declare under penalt y o f perjury under the laws of the state of California and the United States that the foregoing is true and correct. Executed on July 26, 2010 in San Diego, California.

_/s/Richard P. Sybert Richard P. Sybert

-4SCRIBD, INC.'S EX PARTE APPLICATION REGARDING THE ENE CONFERENCE CASE NO. 09-CV-1836-LAB-BGS

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ACEW/1060327/8195222v. 1

CERTIFICATE OF SERVICE I hereby certify that on July 26, 2010, the foregoing document, DEFENDANT SCRIBD, INC.'S ANSWER TO THE FIRST AMENDED COMPLAINT was filed electronically via the Court's Electronic Case Filing System (ECF). The file transmissio n was reported as successful and a copy of the Electronic Case Filing Receipt will be maintained with the original document(s) in our office. Notice of the filing is being served upon all counsel of record automat ically through Notice of Electronic Filing: Kurt W. Hallo ck Law Office of Kurt W. Hallock 110 West C Street, Suite 1905 San Diego, CA 92101 Tel [phone] Fax [phone] Email: [e-mail] Attorney for Plaintiff Larry Williams I declare under penalt y o f perjury under the laws of the State of California and the United States that the above is true and correct. Executed on July 26, 2010 at San Diego, California. _______________________ Yuo-Fong C. Amato

-5SCRIBD, INC.'S EX PARTE APPLICATION REGARDING THE ENE CONFERENCE CASE NO. 09-CV-1836-LAB-BGS