Case 3:21-cv-09773-JD Document 30-1 Filed 03/14/22 Page 1 of 4
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`Sarah E. Fowler (SBN CA 264838)
`SFowler@perkinscoie.com
`PERKINS COIE LLP
`3150 Porter Drive
`Palo Alto, California 94304-1212
`Telephone: 650.838.4300
`Facsimile: 650.838.4350
`Gene W. Lee (pro hac vice)
`GLee@perkinscoie.com
`Thomas V. Matthew (pro hac vice)
`TMatthew@perkinscoie.com
`PERKINS COIE LLP
`1155 Avenue of the Americas, 22nd Floor
`New York, New York 10036-2711
`Telephone: 212.262.6900
`Facsimile: 212.977.1649
`Attorneys for Plaintiff Twitter, Inc.
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
`
`TWITTER, INC.,
`Plaintiff,
`
`v.
`VOIP-PAL.COM, INC.,
`Defendant.
`
`Case No. 21-CV-09773-JD
`DECLARATION OF GENE LEE IN
`SUPPORT OF STIPULATION TO
`REQUEST EXTENSION OF BRIEFING
`DEADLINES FOR VOIP-PAL’S MOTION
`TO DISMISS
`
`21-CV-09773-JD
`DECLARATION OF GENE LEE IN SUPPORT OF
`TWITTER’S OPPOSITION TO VOIP-PAL’S MOTION TO DISMISS
`
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`Case 3:21-cv-09773-JD Document 30-1 Filed 03/14/22 Page 2 of 4
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`I, Gene Lee, declare that:
`1.
`I am an attorney at the law firm Perkins Coie LLP and counsel for Plaintiff Twitter,
`Inc., (“Twitter”) in the above-captioned matter. I am a member in good standing of the bar of New
`York and am admitted to this Court pro hac vice. I am fully familiar with the facts set forth below
`and could testify competently thereto if called upon to do so. I make this declaration pursuant to
`Civ. L. R. 5-1(d)(5) in support of Twitter’s Opposition To VoIP-Pal’s Motion To Dismiss.
`2.
`Pursuant to stipulation and order (ECF Nos. 26, 27), the deadline for filing Twitter’s
`Opposition To VoIP-Pal’s Motion To Dismiss was March 11, 2022.
`3.
`The Court’s ECF system experienced a technical failure on March 11, 2022.
`Counsel for Twitter tried multiple times on March 11, 2022, to file Twitter’s Opposition To VoIP-
`Pal’s Motion To Dismiss, but Twitter was unable to do so solely because of the technical failure of
`the Court’s ECF system.
`4.
`Another counsel for Twitter, a member of our administrative staff, and I tried to gain
`access to the Court’s ECF system many times after 12:00 pm Pacific time on March 11, 2022, but
`we were unable to do so solely because of the technical failure of the ECF system. At about 2:56 pm
`Pacific time, I received an email from the “ECF Helpdesk” stating that the Court’s CM/ECF system
`was experiencing a service disruption and was offline. Among our attempts to gain access to the
`Court’s ECF system, I attempted to file Twitter’s Opposition To VoIP-Pal’s Motion To Dismiss at
`approximately 5:00 pm Pacific time and 8:00 pm Pacific time, but I was unable to do so solely
`because of the technical failure of the ECF system.
`5.
`In view of the technical failure of the Court’s ECF system, I served by email a
`courtesy copy of Twitter’s Opposition To VoIP-Pal’s Motion To Dismiss on counsel for VoIP-Pal
`on March 11, 2022. That copy of Twitter’s Opposition was 24 pages in length, within the 25-page
`limit of Civ. L. R. 7-4(b), but it overlooked this Court’s standing order, which includes a 15-page
`limit for memoranda.
`
`-1-
`
`21-CV-09773-JD
`DECLARATION OF GENE LEE IN SUPPORT OF
`TWITTER’S OPPOSITION TO VOIP-PAL’S MOTION TO DISMISS
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`Case 3:21-cv-09773-JD Document 30-1 Filed 03/14/22 Page 3 of 4
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`On Saturday, March 12, 2022, at about 10:31 am Pacific time, I received an email
`6.
`from the “ECF Helpdesk” stating, “As of approximately 8:10 AM Pacific time, all services have
`returned to normal.”
`7.
`On Monday, March 14, 2022, counsel for VoIP-Pal informed counsel for Twitter of
`the non-compliance with this Court’s 15-page limit. Accordingly, Twitter revised its Opposition to
`comply with this Court’s 15-page limit and is filing a revised Opposition on March 14, 2022,
`pursuant to Civ. L. R. 5-1(d)(5) and to account for the 15-page limit under this Court’s standing
`order. In connection with this change, the parties stipulate that VoIP-Pal may file its reply in support
`of its Motion To Dismiss by March 28, 2022, (extended from March 25, 2022) to account for the
`timing of Twitter’s revised Opposition on March 14, 2022.
`I declare under penalty of perjury that the foregoing is true and correct. Executed in New
`York, New York on March 14, 2022.
`
`By:
`
`/s/ Gene Lee
`Gene Lee
`
`-2-
`
`21-CV-09773-JD
`TWITTER’S OPPOSITION TO VOIP-PAL’S MOTION TO DISMISS
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`Case 3:21-cv-09773-JD Document 30-1 Filed 03/14/22 Page 4 of 4
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`CERTIFICATE OF SERVICE
`
`The undersigned certifies under penalty of perjury under the laws of the State of New
`York that, on the date given below, he caused to be served a copy of DECLARATION OF
`GENE LEE IN SUPPORT OF TWITTER’S OPPOSITION TO VOIP-PAL’S MOTION
`TO DISMISS upon the following person(s) pursuant to Civ. L. R. 5-1(g) by electronic filing of
`this document via the ECF system:
`
`Lewis E. Hudnell, III
`lewis@hudnelllaw.com
`Nicolas S. Gikkas
`nick@hudnelllaw.com
`HUDNELL LAW GROUP P.C.
`800 W. El Camino Real Suite 180
`Mountain View, California 94040
`Telephone: 650.564.3698
`Facsimile: 347.772.3034
`
`Attorneys for Defendant
`VOIP-PAL.COM, INC.
`
`DATED this 14th of March, 2022, at New York, New York.
`
`/s/ Gene W. Lee
`Gene W. Lee
`
`21-CV-09773-JD
`DECLARATION OF GENE LEE IN SUPPORT OF
`TWITTER’S OPPOSITION TO VOIP-PAL’S MOTION TO DISMISS
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