Case No. 3:17-cv-00359-WHA DSG DECLARATION IN SUPPORT STIPULATION 

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Basil P. Fthenakis, Esq. (88399) 

CRITERION LAW 

2225 E. Bayshore Road, Suite 200 

Palo Alto, California 94303 

Tel. (650) 352-8400 

Fax. (650) 352-8408 

bpf@criterionlaw.com 

Of counsel: 

David S. Godkin (admitted pro hac vice) 

James E. Kruzer (admitted pro hac vice) 

BIRNBAUM & GODKIN, LLP 

280 Summer Street 

Boston, MA 02210 

Tel: (617) 307-6100 

Fax: (617) 307-6101 

godkin@birnbaumgodkin.com 

kruzer@birnbaumgodkin.com 

Attorneys for Plaintiff, 

SIX4THREE, LLC, a Delaware 

limited liability company 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SIX4THREE, LLC, a Delaware limited 

liability company, 

 Plaintiff, 

v. 

FACEBOOK, INC., a Delaware corporation, 

and DOES 1 through 50, inclusive 

 Defendants. 

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Case No. 3:17-cv-00359-WHA

DECLARATION OF DAVID S. 

GODKIN IN SUPPORT OF 

STIPULATION TO SHORTEN TIME 

FOR MOTION TO REMAND 

 

Case 3:17-cv-00359-WHA Document 15 Filed 01/27/17 Page 1 of 4
Case No. 3:17-cv-00359-WHA DSG DECLARATION IN SUPPORT STIPULATION 

 

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I, David S. Godkin, declare: 

1. I am a partner in the law firm Birnbaum & Godkin, LLP, and counsel for 

Six4Three, LLC (“643”) in the above-captioned action. I have been admitted to practice pro hac 

vice in this matter. 

2. I submit this Declaration in satisfaction of Civil L.R. 6-2. 

3. The basis for the stipulation to shorten the time for briefing and hearing 643’s 

motion to remand is that the Superior Court case that was removed to this Court by Defendant 

Facebook, Inc. was set for trial on May 15, 2017. 643 believes that it is important to adjudicate 

the motion to remand promptly because if 643 is successful in seeking to remand this case, it 

intends to move the Superior Court to maintain the case on the trial schedule for May 15, 2017. 

This case was originally filed in the Superior Court, San Mateo County on April 10, 2015. 

Following several demurrers filed by Facebook, the Superior Court allowed the case to proceed 

and a trial date was set. The original trial date was postponed over 643’s objection when 

Facebook changed counsel, and the Superior Court assigned the May 15, 2017 date. 643 has 

limited resources, and indeed was put out of business by Facebook’s conduct that is complained 

of in this case, and believes that Facebook has engaged in delay tactics, including the instant 

removal petition, in order to impede 643’s efforts to resolve its claims as soon as possible. 643 

therefore sought a stipulation to shorten the time for briefing and hearing on its motion to remand 

so that, if successful, it can petition the Superior Court to maintain the May 15, 2017 trial date. 

4. Facebook has advised that its position is as follows: Facebook disagrees with 

Six4Three’s characterizations of the state court proceeding and parties’ conduct, which it 

believes are belied by the record of the state court proceeding. Facebook has agreed to 

Six4Three’s request for a shortened schedule as a compromise. 

Case 3:17-cv-00359-WHA Document 15 Filed 01/27/17 Page 2 of 4
Case No. 3:17-cv-00359-WHA DSG DECLARATION IN SUPPORT STIPULATION 

 

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5. There have been no prior extensions or modifications of time in this case. The 

matter was removed to federal court on January 24, 2017. There will be no effect on the 

preexisting scheduling of this case by permitting the parties to proceed on the agreed-upon dates. 

6. I declare the foregoing to be true and correct as of the date listed immediately 

below. 

DATED: January 27, 2017 

By: /s/ David S. Godkin 

David S. Godkin 

Attorney for Six4Three, LLC

Case 3:17-cv-00359-WHA Document 15 Filed 01/27/17 Page 3 of 4
Case No. 3:17-cv-00359-WHA DSG DECLARATION IN SUPPORT STIPULATION 

 

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CERTIFICATE OF SERVICE 

The undersigned hereby certifies, under penalty of perjury under the laws of the State of 

California, that I electronically filed the foregoing document with the Clerk of the Court using 

the CM/ECF system which will send notification of such filing to the following: 

Sonal N. Mehta 

Laura E. Miller 

Catherine Y. Kim 

Durie Tangri LLP 

217 Leidesdorff Street 

San Francisco, CA 94111 

DATED: January 27, 2017 

By: /s/ David S. Godkin 

 David S. Godkin

Case 3:17-cv-00359-WHA Document 15 Filed 01/27/17 Page 4 of 4