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buza v yahoo complaint

buza v yahoo complaint

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Published by Eric Goldman

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Published by: Eric Goldman on Sep 10, 2011
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05/25/2012

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Michele Floyd (SBN 16303 1)MFloyd@Mintz.comRobert Sturtevant Eaton (SBN 240761)REaton@Mintz.comMINTZ LEVIN COHN FERRIS GLOVSKY AND5 Palo Alto Square, 4th Floor3000 El Camino RealPalo Alto, CA 94306-2155
0
POPEO, P.C.~elephone:650) 25 1-7700Facsimile: (650) 25 1-7739
,
Attorneys for Defendant,YAHOO! Inc.
UNITED STATES DISTRICT COURT
910l5
ll
TO THE CLERK OF THE ABOVE-REFERENCED COURT:
NORTHERN DISTRICT F LIFORNIA
MARK s. BuzA,
I
&r
-.-
11
4422
Plaintiff,VS.YAHOO! Inc,Defendant.PLEASE TAKE NOTICE that defendant Yahoo! Inc. ("Yahoo!"), hereby removes to this
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NOTICE OF REMOVAL OF ACTIONUNDER
28
U.S.C.
5
1331 AND
28
U.S.C.
5
1441et seq. [Federal Question]
i7
11
Court the state court action described below:1.On July 8,2010, an action was filed in the Superior Court of California, San
I
Francisco County, entitled: MARK S. BUZA v. YAHOO, INC., Case No.
2o
11
A true and correct copy of the summons and complaint as Yahoo! received them is attached hereto
21
11
as Exhibit A.22
11
2.
Defendant Yahoo! first received a copy of the complaint on August 8,201 1 when it23
I1
was personally served with a copy of the summons and complaint.
24
I/
3.Jurisdiction: Removal to this Court is proper because this action is a civil action of
25
I1
which this Court has original jurisdiction under 28 U.S.C.
5
133 1 and is one which may be removed26
I(
to this Court by defendants pursuant to 28 U.S.C.
5
1441, subdivisions (b) and (c) because it arises
I
27
I
under the laws of the United States and contains related state law causes of action as follows:2 8Notice of Removal of ActionCase No:
Case4:11-cv-04422-DMR Document1 Filed09/06/11 Page1 of 50
 
a.The Second Cause of Action of the Complaint asserts a cause of action againstYahoo! arising under the First Amendment of the United States Constitution. Thus, this Court hasoriginal jurisdiction founded on a claim or right arising under the United States Constitution. 28U.S.C.
5
1331.b. The Fifth Cause of Action of the Complaint appears to assert a cause of actionagainst Yahoo! for violation of the Stored Communications Act, 18 U.S.C.
$5
2701 to 27 12. TheFifth Cause of Action also references 42 U.S.C.
5
1985, subdivision (3) and therefore appears toarise under the laws of the United States. Therefore, this Court has original jurisdiction founded ona claim or right arising under the laws of the United States. 28 U.S.C.
5
1331.c. The First and Third Causes of Action allege violations of Article I, Section 2 ofCalifornia's Constitution and Trespass to Chattels, respectively. Both state law claims arise from acommon nucleus of operative fact and thus jurisdiction over both causes of action is proper pursuantto 28 U.S.C.
5
1441(c).d.The Fourth Cause of Action in the Complaint is entitled "Intellectual Property" andalleges Yahoo! "deleted" Plaintiffs "intellectual property." Due to the lack of specificity in theallegations of the Complaint, the exact nature of this claim cannot be determined at this time.However, federal jurisdiction is appropriate in any event under either 28 US.C.
5
1331 or, in theevent this amounts to a state law cause of action, 28 U.S.C.
5
1441(c).5.This notice is timely under 28 U.S.C.
5
1446(b) in that it is filed with this Courtwithin thirty days after receipt by Yahoo! through service or otherwise of Plaintiffs Complaint.6.True and correct copies of all pleadings, process and orders that have been servedupon Yahoo! are attached hereto as Exhibits A. A copy of the state court's entire file on this matteris attached hereto as Exhibit B.7. Pursuant to 28 U.S.C.
4
1446(d), promptly after the filing of this Notice of Removal,written notice will be given to all parties and a copy of this Notice of Removal will be filed with theClerk of the California Superior Court, County of San Francisco.Notice of Removal of Action Case No:
Case4:11-cv-04422-DMR Document1 Filed09/06/11 Page2 of 50
 
e
e
8.
Intradistrict Assignment: Pursuant to Local Rule 3-2(C), assignment of this action toeither the Santa Clara or San Francisco Division is appropriate as
yahoo!'^
principle place ofbusiness is located in Sunnyvale, California, County of Santa Clara, and pursuant to the caption ofthe complaint, plaintiff is a resident of the City and County of San Francisco.WHEREFORE, Defendants request that this case proceed as an action properly removedhereto.Dated: September6,20
1 1
Respectfully submitted,OVSKY AND POPEO, P.C.By: Michele FloydRobert S. EatonAttorneys for Defendant
5496992~.
Notice of Removal of Action Case No:3
Case4:11-cv-04422-DMR Document1 Filed09/06/11 Page3 of 50

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