Alpha Investment, LLC v. Zynga Inc. et al

Filing 1

NOTICE OF MOTION TO QUASH SUBPOENA DUCES TECUM: A motion will be made by Non-Party Second Market, Inc. ("SecondMarket") for an order pursuant to Rule 45(c)(3) of the Federal Rules of Civil Procedure quashing the subpoena duces tecum served upon SecondMarket dated December 21, 2011. Other Court Name: USDC-NDCA. Other Court Case Number: NO.: CV-11-3500-JWW. (Filing Fee $ 46.00, Receipt Number 1027212) Document filed by SecondMarket, Inc. Return Date set for 2/7/2012 at 10:00 AM.(arc)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

Alpha Investment, LLC,
Plaintiff,

-against-

Zynga Inc. and Andrew Trader,
Defendants.

NOTICE OF MOTION TO QUASH SUBPOENA DUCES TECUM
PLEASE TAKE NOTICE, that upon the Affidavit of Michael J. Garvey, sworn
on the 17th day of January 2012, and the exhibit attached thererto, and the Memorandum of Law
in support of Non-Party SecondMarket Inc.’s Motion to Quash Subpoena Duces Tecum, a
motion will be made by Non-Party Second Market, Inc. (“SecondMarket”), before the Honorable
Jed S. Rakoff, United States District Judge, in P r 1, located in Courtroom 14B at the United
at
States District Court for the Southern District of New York, 500 Pearl Street, New York, NY, on
Tuesday, the 7th day of February, 20 12 at 10 a.m. in the forenoon, for an order pursuant to Rule
45(~)(3) the Federal Rules of Civil Procedure quashing the subpoena duces tecum served upon
of
SecondMarket dated December 2 1.201 I

CERTIFICATE OF SERVICE

I, Peter Hartofilis, hereby certify under the penalty of perjury that on
January 17,2012, I personally served a true and correct copy of the attached:

- MISCALLANEOUS CIVIL COVER SHEET
- NOTICE OF MOTION TO QUASH SUBPOENA DUCES TECUM
- NON-PARTY SECONDMARKET INC.’S CORPORATE DISCLOSURE
STATEMENT

- MEMORANDUM OF LAW OF NON-PARTY SECONDMARKET, INC. IN
SUPPORT OF ITS MOTION TO QUASH SUBPEONA DUCES TECUM
-AFFIDAVIT OF MICHAEL J. GARVEY IN SUPPORT OF NON-PARTY
SECONDMARKET’S MOTION TO QUAHS SUBPOENA DUCES TECUM

- INDIVIDUAL RULES OF PRACTICE HONORABLE JED S. RAKOFF
- ELECTRONIC CASE FILING RULES & INSTRUCTIONS
By Federal Express upon:
Crone Hawxhurst, Esq.
Crone Hawxhurst LLP
10880 Wilshire BLVD Suite 1150
Los Angeles, CA 90024
Jeff Kaban, Esq.
Cooley LLP
3 175 Hanover Street
Palo Alto, CA 94304
Andrew H. Reynard
Allen & Overy LLP
1221 Avenue of the Americas
New York, New York 10020
Dated: New York, New York
January 17,2012