You are on page 1of 3
: eve cus voy bee+11-02 14:46AM; Page 2/4 12/08/2002 10:36 FAK STEINHART & FALCONER LLP ao0z 6 7 a 9 10 2 2B 24 2s 26 27 28 coPY STEINHART & FALCONER LLP JOSHUA KOLTUN (SBN: 173040) HENRY M. BURGOYNE, I!l (SBN: 203748) 333 Market Street, Thirty-Second Floor E*morsep San Francisco, CA 94105-2150 200 ranbacd chink, D Telephone: (415) 777-3999 Fac Pan Facsimile: (415) 442-0896 NOY 2.2 209 ie ) ‘Attorneys for Doe Defendant wk Ol vem SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO, UNLIMITED JURISDICTION VIROLOGIC, INC., a Delaware corporation, Case No, CGC-02-407068 {BRQPOSED] ORDER GRANTING SPECIAL MOTION TO DENYING MOTION FOR ORDER PERMITTING VIROLOGIC'S OUTSIDE COUSNEL TO DISCLOSE TO OFFICERS AND EMPLOYEES OF VIROLOGIC THE INFORMATION DISCOVERED IN THE DEFOSITION OF DEFENDANT DOE, AND DENYING AS MOOT DEFENDANTS' DEMURRER AND MOTION TO QUASH SUBPOENA AND DENY ALL. DISCOVERY ‘SepremBeR 10, 2002 9:30 AM. 320 JUDGE: How. James Ropertson, Il CompLanvr FiLeD: ApRiLZ3, 2002 ‘TRIAL DaTé: Not SET Defendant's special motion to strike and plaintiff's motion for order ‘permitting Virologic's outside counse! to disclose to officers and employees of Virologic the information discovered in the deposition of Defendant Doc, came on for hearing on the above date. Although ‘not on ealendar, atthe request of Defendant, the Court also ruled on Defendant's Demuerer to Plaintiff ViroLoyie, Inc.'s First Amended Complaint, and on Defendant's Motion to Quash ViroLogie's Subpoona to Yahoo!, Inc, und to Stay all Discovery. Matthew Brown of Caoley ote {ROrOseD| ONDER GRANTING SPECIAL MOTION TO STAIKE. . DENVINE MOY, TO BISCLOSE, BEMUHKER, MOTION TO OUST Cue Wo, C6C-02-40706 nionse i : cue eee woes veer -ue 1b rams rage 974 12/08/2002 10:96 FAX STEINHART & FALCONER LLP 1g003 eer aunerun {Godward LLP appeared on behalf of PlaintfY, and Joshua Koltun of Steinhart & Falconer LLP appeared on behalf of Defendant. The Court has considered all of the papers filed in support of and in opposition to each motion, the arguments of counsel, and, as appropriate, the papers on file in this case. IT IS HEREBY ORDERED: 1. Defendants special motion to strike ViroLogic's First Amended Complaint under Code of Civil Procedure § 425.16 is hereby GRANTED, on the following grounds: arise from acts of Defendant in & The causes of action in thi furtherance of defendant's right of petition or free speech in connection with public issues, specifically, Defendant's "written ot oral statements] or writingfs] mads in a place open to the public or s public forum in connections with... issue(s] of public interest," and “conduct in furtherance of the constitutional right of petition or the constitutional right of free speech in [connection with ... public issues] or .. issue(s] of public interest.” C.C.P. § 425.16(€)(3)(4) b. Plaintiff has failed to show a probability of prevailing on its claim. CCP §425.16(0X(1). 2. Plaintiff's motion for order permitting Virologic’s outside counsel to disclose to officers and employees of Virologie the information discovered in the deposition of Defendant ‘Doc is DENIED, on the grounds that good cause therefor has not been shown, C.CP. § 425.16(g). Defendant's demurrer is DENIED on the grounds that itis moot 4. Defendant's motion to quash the subpoena and stay all discovery is DENIED on the grounds that it is moot, 5. Pursuant to CCP. § 425.16(¢), Defendant is entitled to recover its reasonable atiorneys fees and costs; the amount thercof shall be determined upon the filing of @motion for attorneys’ fees and/or a memorandum of costs. ode PROPOSED] ORDER GRANTING SPECIAL MOTION TO STRIKE. DENYING MOT, TO DISCLOSE, PEMURREK. AROTICN'TO QUASI Cate No, CGC.02-407064 : aoe nee oes, ewes) ve ra 7ay age 4/4 42/09/2002 10:36 FAX ‘STEINIART &’ FALCONKK: LLY weed 6. Accordingly, plaintiff's First Amended Complaint is hereby DISMISSED WITH PREJUDICE, and judgment shall be entered in favor of Defendant and for reasonable aitomeys' fees in an amount 10 be determined in a subsequent proceeding. Dated: November A002 AWJAMES ROBERTSON, a A. JAMES ROBERTSON, II Judge of the Superior Court 10 u 2 13 || COOLEY GODWARD LLP “ ‘Approved as to form: 1s Brown Attomeys for Plaintiff ViroLogic, Inc. 6 17 18 19 20 2 23 24 25 a 28 Cave No, CiC-02.40706) i