Hubbard v. MySpace, Inc.

Filing 11

DECLARATION of Courtney M. Dankworth and Exhibits - Part 1 in Support re: #9 MOTION to Dismiss the Amended Complaint.. Document filed by MySpace, Inc.. (Attachments: #1 Exhibit Part 2)(Dankworth, Courtney)

Hubbard v. MySpace, Inc.

Doc. 11

9

Courtney M. Dankworth ([e-mail]) DEBEVOISE & PLIMPTON LLP 919 Third Avenue New York, New York 10022 [phone] Attorneys for Defendant MySpace, Inc. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญx CORY HUBBARD, ) ) Plaintiff, ) ) vs. ) ) MYSPACE, INC., ) ) Defendant. ) ) ญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญx

11-cv-00433 (LAK) ECF Case

I, Courtney M. Dankworth, hereby declare as follows: 1. I am an attorney admitted to practice in New York. I am a member of the bar of

this Court and am associated with Debevoise & Plimpton LLP, the attorneys for defendant MySpace, Inc. ("MySpace") in this action. 2. I submit this declaration to place before the Court certain documents relevant to

MySpace's motion to dismiss the Amended Complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure. 3. Attached as Exhibit A is a true and correct certified copy of the public record in

the criminal case against the plaintiff, captioned State of Georgia v. Cory Hubbard, No. 2008CR-0159 (Ga. Cherokee Super. Ct. Feb. 11, 2008).

Dockets.Justia.com

4. 5. 6.

Attached as Exhibit B is a true and correct copy of MySpace's Terms of Service. Attached as Exhibit C is a true and correct copy of MySpace's Privacy Policy. Attached as Exhibit D is a true and correct copy of the search warrant issued by

the Magistrate Court of Cherokee County, Georgia, on January 29, 2008, as faxed by the Cherokee County Sheriff's Office to the Custodian of Records of Myspace.com on January 29, 2008. 7. Attached as Exhibit E is a true and correct copy of the Amended Complaint in this

action, including the Exhibits thereto.

I declare under the penalty of perjury that the foregoing is true and correct to the best of my knowledge.

Executed in New York, New York, on March 2, 2011.

/s/ Courtney M. Dankworth Courtney M. Dankworth

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Exhibit A