LaRussa v. Twitter Inc.
Filing
158
LaRussa v. Twitter Inc.
Doc. 158 Att. 10
EXHIBIT K
Dockets.Justia.com
UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CONNECTU LLC Plaintiff . . . V. . . MARK ZUCKERBERG, et al . Defendants . ................ CIVIL ACTION NO. 04-11923-DPW
BOSTON, MASSACHUSETTS OCTOBER 24, 2006
TRANSCRIPT OF EVIDENTIARY HEARING BEFORE THE HONORABLE ROBERT B. COLLINGS UNITED STATES MAGISTRATE JUDGE APPEARANCES: For the Plaintiff: Daniel Tighe, Esquire Griesinger, Tighe & Maffei John F. Hornick, Esquire Margaret A. Esquenet, Esquire Meredith Schoenfeld, Esquire Finnegan, Henderson, Farabow, Garrett & Dunner, LLP 901 New York Avenue, N.W. Washington, DC 20001 (202) 408-4000 For the Defendants: G. Hopkins Guy, III, Esquire I. Neel Chatterjee, Esquire Monte cooper, Esquire Orrick, Herrington & Sutcliffe LLP 1000 March Road Menlo Park, CA 94025 (650) 614-7400
Court Reporter: Proceedings recorded by digital sound recording, transcript produced by transcription service.
For the Defendants:
Jeremy P. Oczek, Esquire
MARYANN V. YOUNG Certified Court Transcriber 240 Chestnut Street Wrentham, Massachusetts 02093 (508) 384-2003
Steven Bauer, Esquire Proskauer Rose, LLP One International Place Boston, MA 02110 (617) 526-9600
MARYANN V. YOUNG Certified Court Transcriber 240 Chestnut Street Wrentham, Massachusetts 02093 (508) 384-2003
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Cross - Winklevoss
Q
You didn't take any other action to set up the company
54
other than placing the telephone call? A The Company Corporation assured me that no other action
was needed. Q So it was by virtue of your placement of the telephone
call that you ultimately became the sole founding member of ConnectU LLC, correct? A Yeah, I it sounds like a legal conclusion or something
that I set up a company, I placed a call and, you know, that's what happened. Q And it's your view that having done so that made you the
sole founding member of the company, correct? A Well, the company was created I guess in my mind before
the phone call and the phone call realized it. Q The company was created in your mind as a result of
discussions between you and your brother, Cameron, correct? A It was my idea to set up the ConnectU LLC-THE WITNESS: Can I change this mic around a little
bit cause, a little bit-THE COURT: Yeah, you can move it as long as you just
keep it close to your mouth-THE WITNESS: THE COURT: Yeah, all right.
--so that we can hear you. I wasn't sure--
THE WITNESS: THE COURT:
If you want to move it--
YOUNG TRANSCRIPTION SERVICES (508) 384-2003
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Cross - Winklevoss
THE WITNESS: THE COURT:
Yeah, I just--
55
--from side to side, no problem. --feel like I'm throwing a shovel here.
THE WITNESS:
It was my intention to set up a company, ConnectU LLC, and
I went ahead and did that. BY MS. HURST: Q You had discussions with your brother, Cameron, first
before doing so, correct? A I had mentioned that I was, it was, you know, like I said
it wasn't a surprise or that, I mean, Cameron knew that I was going to go do that. Q A Who is Mark Pierrat? Mark Pierrat is the, I think he's the well, he worked at
Imark and I don't know his title exactly-THE COURT: I'm sorry, he worked at where? He worked at Imark Company--
THE WITNESS: THE COURT:
Okay. --that programmed ConnectU.com. And he
THE WITNESS:
was sort of their business, you know, guy, pick up the phone and deal with the customers. BY MS. HURST: Q He was someone that you dealt with at Imark, correct,
Mr. Pierrat was? A Q I had dealt with Mr. Pierrat, yes. And at the time you placed the telephone call to the YOUNG TRANSCRIPTION SERVICES (508) 384-2003
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Cross - Winklevoss
Company Corporation-A Q Uh-huh.
56
--or before the entity was formed but at that time period,
Harvard Connection was already dealing with Imark and Mr. Pierrat in connection with the website development, correct? MR. HORNICK: A Objection, mischaracterizes.
Yeah, I would say that-THE COURT: Oh wait a minute. Hold on. If there's
an objection-THE WITNESS: THE COURT: Sorry. I overrule the
--please don't answer.
objection and the witness can answer. THE WITNESS: A Okay. Sorry.
Divya, Cameron and I were dealing with Imark to program
our website. BY MS. HURST: Q A Q First as Harvard Connection and later as ConnectU.com? You could call it that I guess. All right. So on April 6, 2004 when you placed the
telephone call to the Company Corporation Mr. Pierrat was known to you? A Q A Q Yes, he was. And he was known to your brother, Cameron? Yes, he was. And he was known to Mr. Narendra? YOUNG TRANSCRIPTION SERVICES (508) 384-2003
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Cross - Winklevoss
A Q
That's correct.
57
Isn't it true that you called the Company Corporation as a
result of Mr. Pierrat's recommendation to your brother Cameron that Harvard Connection should form a legal entity? A I believe that Mr. Pierrat may have made a suggestion but
he certainly wasn't the only person that suggested any type of, you know, formation of a more formal company. And nor do I
believe that he was the sole impetus or reason for doing so. Q But you concede that he did suggest that you form a legal
entity to your brother Cameron? A I believe that I remember that that suggestion happened
but by no means do I see it for anything more than a suggestion. Q A Just a suggestion? Sure. I mean that's, that's what you're calling it, then
that's what it was. Q And that suggestion happened the day before you placed the
telephone call to the Company Corporation, correct? A Q I, I don't recall. I don't know.
So it's just a coincidence that Mr. Pierrat suggested to
your brother Cameron on the day before you made the telephone call that a legal entity be formed and the next day you went ahead and did that? MR. HORNICK: evidence, Your Honor. YOUNG TRANSCRIPTION SERVICES (508) 384-2003 Objection. Assumes facts not in
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Cross - Winklevoss
THE COURT:
If that's the case he may disagree with You may
58
the statements of fact contained in the question. answer. A
The idea to form ConnectU LLC was created well before a For instance, my
day before the actual phone call was placed. dad has LLC's.
I'm well aware of what LLC, that sort of people
do, and Mr. Pierrat was certainly not the first person to put that idea in my mind or anybody else's. Q So you had the idea long before you actually formed the
entity? A Q A Q A Q A Q A Q A Q A Q It was before a day. How-What? I'm sorry, I didn't mean to interrupt. It was an idea that didn't happen a day after? How long before did you have the idea? I can't recall exactly but it was more than a day. Was it a week? I would say at least. Was it a month? I, maybe. Three months? I think that would have been too much. Too long. I mean, it was something--
Was it the launch of TheFaceBook that caused you to think
that you would like to form a legal entity? YOUNG TRANSCRIPTION SERVICES (508) 384-2003
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Cross - Winklevoss
A Q
That could have definitely added to it. So throughout the period in early 2004 from the launch of
59
TheFaceBook through the founding of ConnectU LLC you had in mind that you would form a legal entity to carry on the business of the website that you were working on; is that correct? A I had in my many, there's many things in mind. I looked That
into trade marking, I looked into formation of a company. was one of the many things that from, you know, not a
incredibly sophisticated business experience, I thought that that was something that I needed to do. acting. And that's how I was
I mean as, you know, a senior in college, I was doing
what I thought was right to do and that was one of them. Q Throughout the period from the launch of TheFaceBook to
the launch of the ConnectU, well, pardon me, until the formation of ConnectU LLC, you personally were considering the formation of a legal entity to conduct the business of your website; is that correct? A I was, I was, you know, I was considering the formation of
ConnectU LLC as a formal company to run the website, yes. Q And you discussed that with your brother during that
period of time? A Q Definitely mentioned it, yeah. And you discussed it with Mr. Narendra during that period
of time as well, didn't you? YOUNG TRANSCRIPTION SERVICES (508) 384-2003
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I - 205 Q Well, let's take a look at the hearing Exhibit No. 80. And if my colleagues could provide Mr. Narendra the copy of the exhibit number. (Pause) BY MR. CHATTERJEE: Q A Q A Q A Q A Q Do you see that Mr. Winklevoss? Yes, No. 8? 8-0. Or 8-0, 80. Okay.
Is Exhibit No. 80's a declaration from you? Sorry, that's a question or? Yes. You're asking me if it's a declaration? Yes. MR. CHATTERJEE: 80's a--
A
It does not look to be a declaration.
BY MR. CHATTERJEE: Q Oh. Well let me give you if you take a look at request
for production No. 19. A Okay. THE COURT: This is in Exhibit 80 or not? This is in Exhibit 80, I'm sorry.
MR. CHATTERJEE: THE COURT:
Okay. Mine were organized slightly
MR. CHATTERJEE: differently.
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I - 206 THE WITNESS: where to go. Okay, so I'm a little confused I'm looking at 80 right now.
BY MR. CHATTERJEE: Q A Q 80. A Q Okay. Now request for production No. 19 asked you to produce all If you look at request No. 19-Oh, okay. Okay. There's a request in there. This is Exhibit No.
documents related to current and former directors, officers, employees and agents of ConnectU, including members, managers and board managers as defined in the limited liability company operating agreement of ConnectU LLC. We gave some Bates
ranges, Harvard Connect and Winklevoss companies, including documents relating to dates in these positions, duties, authorities and responsibilities. A Q Yes, I do. Okay. Now in response to that there was a motion to Are you aware of that? Do you see that?
compel filed, right? A Q A Q A Q Yes.
And following that there was a court order? Yes. You know that, right? Yes. And in fact in that court order there was a requirement YOUNG TRANSCRIPTION SERVICES (508) 384-2003
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I - 207 that you produce a declaration that set forth that you had made a complete production in response to that document request, right? A Q A Q Yes. And Exhibit 83 is that declaration, right? That's correct, yes. And you specifically reference in paragraph 19 your This is the--
response, right? A Q A Q Yes.
--this is following quarter. Yes. You did a diligent search. You produced all of the
relevant documents that were responsive to that request, right? A Q Yes. Now, what I've done with Exhibit 83, Mr. Winklevoss, is I
took all of the documents that were cited there by Bates number. A Q You now what a Bates number is, right?
Sort of. Okay. A Bates number are these actual numbers that are You find them typically on the bottom
identified on here.
right hand corner of the document. A Right. THE COURT: would you focus it-MR. CHATTERJEE: Yes. You know if you're going to use that
YOUNG TRANSCRIPTION SERVICES (508) 384-2003
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I - 208 THE COURT: --and stop moving it around. And I'm sorry, Your Honor, this is MR. CHATTERJEE: kind of sliding off. THE COURT: You're getting me dizzy. I apologize.
MR. CHATTERJEE: BY MR. CHATTERJEE: Q
Now, Mr. Winklevoss, with respect to Exhibits 41 40, 41
and 42, can you show me where in that collection of documents any of those documents can be found? A Q A I-Feel free to look through them. I don't know the Bates numbers off the top of my head. Is
that what you're asking me? Q A Q I'll represent to you Mr. Winklevoss, I've gone-Okay. --through each and every one of the Bates numbered You can
documents and I put them in that stack right there.
look through them and see if you can find Exhibit 40, 41 or 42. A So you want me to look through the whole binder? THE COURT: contained in there? MR. HORNICK: Your Honor, these documents that I Is there any dispute that these are not
believe that Mr. Chatterjee is going to be talking about were produced after this discovery request was signed, and we have an agreement in the two cases that any documents from any case YOUNG TRANSCRIPTION SERVICES (508) 384-2003
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I - 209 can be used in either case. So even if they weren't produced in the California case-THE COURT: No---they can be used.
MR. HORNICK: THE COURT: want he wants to do.
--no, I just want to know let him do Is there any dispute that these are not
within that category of documents? MR. CHATTERJEE: THE COURT: Your Honor, I'll represent to you--
No, I'm asking Mr. Hornick. Oh. I don't know
MR. CHATTERJEE: MR. HORNICK:
I don't know, Your Honor.
what these documents here are. I'm not working on that case.
I'm not really working on that, I don't know what these
documents are just by looking at these numbers. MR. CHATTERJEE: quite simple. THE COURT: do. Oh, I understand what you're trying to Your Honor, the premise here is
I'm just, rather than having him look through all of them
to see if they're there, which might take a little bit of time, and I was trying to shortcut things. MR. CHATTERJEE: a single one of them is. THE COURT: Well, I know, but you don't get you're And I'll represent to Your Honor not
not testifying and you're not under oath and you're not going to be testifying, you're not going under oath. YOUNG TRANSCRIPTION SERVICES (508) 384-2003 So how do you
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I - 255 THE COURT: All right, any objection to that? No, Your Honor. No objection. MR. HORNICK: THE COURT:
All right, that's admitted.
(Defendant's Exhibit No. 67, admitted) MR. CHATTERJEE: And then, Your Honor, my
understanding is you were going to submit Exhibit 83 which was the declaration with the attached documents. that into evidence. THE COURT: All right, wait a minute now. I'd like to offer
MR. CHATTERJEE:
Exhibit 83 was the declaration of
ConnectU LLC for all of the documents that were-THE COURT: Oh right, right, right. Yeah, I'm going
to ask that I'm not going to excuse Mr. Cameron Winklevoss as a witness overnight. He's to go through the documents as
Mr. Hornick wished him to do and then to answer the question as to whether they were included in the documents he listed in response to that interrogatory. MR. CHATTERJEE: MR. HORNICK: to know are in there? MS. HURST: Your Exhibits 40, 41 and 42. And particularly the handwritten Thank you very much, Your Honor.
What documents particularly do you want
MS. CHATTERJEE:
documents that he's relied upon to show membership. THE COURT: Well wait a minute, wait a minute. We
YOUNG TRANSCRIPTION SERVICES (508) 384-2003
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I - 256 want is it forty-MS. HURST: THE COURT: referring to. It is, Your Honor, Ms. Hurst-Let's get the specific documents you're
Exhibits-Plaintiff's exhibits 40, 41 and 42-Correct.
MS. HURST:
MS. CHATTERJEE: MS. HURST:
--which are the two Connecticut
registration applications and the bank card. MR. CHATTERJEE: THE COURT: Correct.
All right, 40, 41 and 42, Mr. Hornick. And whether they're in Exhibit 83 is
MR. HORNICK: the question? THE COURT:
No, the question is whether they are
among the documents listed in that declaration as having been produced. MR. HORNICK: THE COURT: In 83?
Yeah. Yes. Mr. Chatterjee--
MR. HORNICK: THE COURT:
It is 83, isn't it? Yes.
MR. CHATTERJEE: THE COURT:
--83? Yes.
MR. CHATTERJEE: THE COURT:
Okay. Your Honor, we can stipulate that
MR. HORNICK: they're not there.
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I - 257 THE COURT: about earlier. MR. HORNICK: That's what I was saying, they were Well, that's what I was asking you
produced after this was created so they couldn't have been there. THE COURT: about that. All right. Then we don't have to worry
It's stipulated that they're not included in the
documents listed in the declaration. MR. CHATTERJEE: THE COURT: Thank you, Your Honor. That takes care of that problem.
Okay.
Okay, questions by counsel for Saverin? MR. HURST: BY MS. HURST: Q Good afternoon, Mr. Winklevoss. My name is Annette Hurst, I think we've met Yes, briefly, Your Honor.
and I'm an attorney for defendant Saverin. before, hello. A Q Hi.
If you could turn to Exhibit 12 in the defendant's exhibit
binder. (Pause) A Okay.
BY MS. HURST: Q In or about April 2004 were you familiar with a person
named Mark Perot? A Yes. YOUNG TRANSCRIPTION SERVICES (508) 384-2003
I - 314 CERTIFICATION I, Maryann V. Young, court approved transcriber, certify that the foregoing is a correct transcript from the official digital sound recording of the proceedings in the above-entitled matter.
__________________________ Maryann V. Young__________
November
, 2006
YOUNG TRANSCRIPTION SERVICES (508) 384-2003
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