Bank Julius Baer & Co. Ltd. et al v. Wikileaks et al Doc.

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1 MARTIN D. SINGER, ESQ. (BAR NO. 78166)

WILLIAM J. BRIGGS, II, ESQ. (BAR NO. 144717)
2 EVAN N. SPIEGEL, ESQ. (BAR NO. 198071)
LAVELY & SINGER PROFESSIONAL CORPORATION
3 2049 Century Park East, Suite 2400
Los Angeles, California 90067-2906
4 Telephone: (310) 556-3501
Facsimile: (310) 556-3615
5 E-mail: wbriggs@lavelysinger.com
E-mail: espiegel@lavelysinger.com
6
Attorneys for Plaintiffs
7 BANK JULIUS BAER & CO. LTD and
JULIUS BAER BANK AND TRUST CO. LTD
8

9 UNITED STATES DISTRICT COURT

10 FOR THE NORTHERN DISTRICT OF CALIFORNIA
11 SAN FRANCISCO DIVISION
12 BANK JULIUS BAER & CO. ) CASE NO. CV08-0824 JSW
LTD, a Swiss entity; and JULIUS ) [Hon. Jeffrey S. White; CRTM 2]
13 BAER BANK AND TRUST CO. )
LTD, a Cayman Islands entity, ) PLAINTIFFS’ NOTICE OF INTENT
14 ) TO OPPOSE THIRD-PARTY
Plaintiffs, ) APPLICATIONS TO INTERVENE
15 ) AND/OR TO FILE AMICI CURIAE
v. )
16 )
WIKILEAKS, an entity of unknown )
17 form, WIKILEAKS.ORG, an entity )
of unknown form; DYNADOT, )
18 LLC, a California limited liability )
corporation, and DOES 1 through ) DATE: Submission
19 10, inclusive, ) TIME: Submission
) CTRM: 2, 17th FL
20 Defendants. )
)
21 )
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CV08-0824 JSW APPL’S TO INTERVENE OR FILE AMICI CURIAE
Dockets.Justia.com
 1 TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
2 PLEASE TAKE NOTICE that Plaintiffs Bank Julius Baer & Co. Ltd’s
3 (“BJB”) and Julius Baer Bank and Trust Co. Ltd’s (“JBBT”)
4 (collectively,“Plaintiffs”) state their intention to oppose, in whole or in part, the
5 third-party motions and applications to appear as prospective intervenors and/or for
6 leave to file Amici Curiae filed with the Court on February 25, 2008 (collectively,
7 the “Amici-Intervenor Parties”). As of the time of this Notice, the Amici-Intervenor
8 Parties have submitted the following applications and motions to the Court:
9 (i) Application to Appear as Prospective Intervenors Or, in the
10 Alternative, Amici Curiae of Prospective Intervenors Project on
11 Government Oversight, the American Civil Liberties Union, the
12 American Civil Liberties Union Foundation, the Electronic Frontier
13 Foundation and Jordan McCorkle, and related filings (the “Project on
14 Government Oversight Application”);
15 (ii) Motion for Leave to File Brief of Amici Curiae of The Reporters
16 Committee for Freedom of the Press, The American Society of
17 Newspaper Editors, The Associated Press, Citizen Media Law Project,
18 The E.W. Scripps Co, Gannett Co., Inc., The Hearst Corporation, The
19 Los Angeles Times, National Newspaper Association, Newspaper
20 Association of America, Radio-Television News Directors Association,
21 and The Society of Professional Journalists, and related filings (the
22 “The Reporters Committee Motion”);
23 (iii) Motion to Intervene as Defendants or, in the Alternative, to Appear as
24 Amici Curiae of California First Amendment Coalition and Public
25 Citizen, and related filings (the “Public Citizen Motion”);
26 (the Project on Government Oversight Application, The Reporters Committee
27 Motion and the Public Citizen Motion are collectively referred to as, the “Amici-
28 Intervenor Parties’ Applications”).

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CV08-0824 JSW APPL’S TO INTERVENE OR FILE AMICI CURIAE
 1 Plaintiffs intend to formally oppose, in whole or in part, the Amici-Intervenor
2 Parties’ Applications. Plaintiffs request that the Court set a hearing and a briefing
3 schedule with respect to the Amici-Intervenor Parties’ Applications, with sufficient
4 time for Plaintiffs to prepare oppositions, in whole or in part, to the various Amici-
5 Intervenor Parties’ Applications.
6 Plaintiffs further request that the Court proceed as scheduled with the hearing
7 on the Court’s Temporary Restraining Order and Order to Show Cause (“OSC”) as
8 to why a Preliminary Injunction should not issue against Defendants, which is set for
9 hearing on February 29, 2008, at 9:00 a.m. before this Court.
10
Respectfully submitted,
11
DATED: February 27, 2008 LAVELY & SINGER
12 PROFESSIONAL CORPORATION
MARTIN D. SINGER
13 WILLIAM J. BRIGGS, II
EVAN N. SPIEGEL
14
/s/ William J. Briggs, II
15 By:________________________________
WILLIAM J. BRIGGS, II
16 Attorneys for Plaintiffs BANK JULIUS
BAER & CO. LTD and JULIUS BAER
17 BANK AND TRUST CO. LTD
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