The Facebook, Inc. v. Connectu, Inc et al

Filing 127

Declaration of I. Neel Chatterjee in Support of Facebook's Motion for Sanctions 126 filed by Mark Zuckerberg, The Facebook, Inc. (Attachments: # 1 Exhibit Notice re Under Seal Exs. J, U, BB, CC, DD, and EE# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q# 18 Exhibit R# 19 Exhibit S# 20 Exhibit T# 21 Exhibit V# 22 Exhibit W# 23 Exhibit X# 24 Exhibit Y# 25 Exhibit Z# 26 Exhibit AA# 27 Exhibit FF# 28 Exhibit GG# 29 Exhibit HH# 30 Exhibit II# 31 Exhibit JJ# 32 Exhibit KK# 33 Exhibit LL# 34 Exhibit MM# 35 Exhibit NN# 36 Exhibit OO# 37 Exhibit PP# 38 Exhibit QQ# 39 Exhibit RR# 40 Exhibit SS# 41 Exhibit TT# 42 Exhibit UU# 43 Exhibit VV# 44 Exhibit WW# 45 Exhibit XX# 46 Exhibit YY)(Related document(s) 126 ) (Chatterjee, I.) (Filed on 8/22/2007) Text modified on 8/24/2007 to conform to document caption post by counsel (bw, COURT STAFF).

The Facebook, Inc. v. Connectu, LLC et al

Doc. 127

Case 5:07-cv-01389-RS

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G. HOPKINS GUY, III (State Bar No. 124811) [e-mail] m I. NEEL CHATTERJEE (State Bar No. 173985) [e-mail] MONTE COOPER (State Bar No. 196746) [e-mail] m THERESA A. SUTTON (State Bar No. 211857) [e-mail] YVONNE P. GREER (State Bar No. 214072) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: 650-614-7401 Attorneys for Plaintiffs FACEBOOK, INC. and MARK ZUCKERBERG UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

FACEBOOK, INC. and MARK ZUCKERBERG, Plaint iffs, v. CONNECTU, INC. (formerly known as CONNECTU, LLC), CAMERON WINKLEVOSS, TYLER WINKLEVOSS, DIVYA NARENDRA, PACIFIC NORTHWEST SOFTWARE, INC., WINSTON WILLIAMS, WAYNE CHANG, and DAVID GUCWA AND DOES 1-25, Defendants.

Case No. 5:07-CV-01389-RS DECLARATION OF I. NEEL CHATTERJEE IN SUPPORT OF FACEBOOK'S MOTION FOR SANCTIONS Date: Time: Judge: September 26, 2007 9:30 a.m. Honorable Richard Seeborg

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I. Neel Chatterjee, declare as follows: 1. I am an attorney with the law firm of Orrick, Herrington & Sutcliffe LLP, counsel

for Plaintiff The Facebook, Inc. I make this Declaration in support of Facebook's Motion for Evidentiary and Related Sanctions, Including Sanctions Pursuant to 28. U.S.C. § 1927, Against Defendants ConnectU, Inc., Cameron Winklevoss, Tyler Winklevoss, and Divya Narendra.. I am an active member in good standing of the California State Bar. Except as set forth herein, I have personal knowledge of the facts stated herein and if called as a witness, could and would competently testify thereto. 2. Attached hereto as Exhibit A is a true and correct copy of the complaint filed in

the District of Massachusetts on September 2, 2004 against Mark Zuckerberg, Eduardo Saverin, Dustin Moskovitz, Andrew McCollum, Christopher Hughes, and TheFacebook (Case No. 01:0411923-DPW). 3. Attached hereto as Exhibit B is a true and correct copy of Defendants' re-filed

Motion to Quash Service of Complaint and Summons for Lack of Personal Jurisdict ion, filed April 28, 2006. 4. Attached hereto as Exhibit C is a true and correct copy of the Order of Dismissal

adopting United States Magistrate Judge Collings' Report and Recommendation on Facebook Defendants' Motion to Dismiss, issued on March 28, 2007 (D.I. 289) in the Massachusetts Action. 5. Attached hereto as Exhibit D is a true and correct copy of the March 2, 2007

Report and Recommendation (D.I. 283) in the Massachusetts Action . 6. Attached hereto as Exhibit E is a true and correct copy of the original August 17,

2005 complaint in this action. 7. Attached hereto as Exhibit F is a true and correct copy of the November 18, 2004

Answer to the Massachusetts Action complaint. 8. Attached hereto as Exhibit G is a true and correct copy of Defendant and

Counterclaimant The Facebook, Inc.'s First Set of Interrogatories to ConnectU LLC (Nos. 1-17), served July 11, 2005 in the Massachusetts Action. -1CHATTERJEE DECL. ISO MOTION FOR SANCTIONS 5:07-CV-01389-RS

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9.

Attached hereto as Exhibit H is a true and correct copy of Defendant and

Counterclaimant The Facebook, Inc.'s First Request to Plaintiff and Counter defendant ConnectU LLC for Production of Documents and Things (Nos. 1-28), served April 6, 2005 in the Massachusetts Action. 10. Attached hereto as Exhibit I is a true and correct copy of The Facebook, Inc.'s

July 27, 2005 Amended Notice of Deposition of Plaintiff and Counter defendant ConnectU LLC Pursuant to Fed. R. Civ. P. 30(b)(6) in the Massachusetts Action. 11. Attached hereto as Exhibit J is a true and correct copy of ConnectU production

document titled Limited Liability Company Operating Agreement of ConnectU LLC, signed August 5, 2005 and Bates labeled C011285 ­ C011335. [CONFIDENTIAL DOCUMENT SUBMITTED UNDER SEAL] 12. Attached hereto as Exhibit K is a true and correct copy of Defendants' first

Motion to Quash Service of Complaint and Summons for Lack of Personal Jurisdiction dated October 25, 2005. 13. Attached hereto as Exhibit L is a true and correct copy of the court's January 6,

2006 Order granting Facebook, Inc's Ex Parte Applicat ion to Compel Limited Deposition on the Subject of Personal Jurisdiction. 14. court Order. 15. Attached hereto as Exhibit N is a true and correct copy March 3, 2006 Declaration Attached hereto as Exhibit M is a true and correct copy of February 17, 2006

of ConnectU LLC. 16. Attached hereto as Exhibit O is a true and correct copy Amended Response of

Defendant Divya Narendra to Plaintiff's First Set of Special Interrogatories (1-23) served March 9, 2006. 17. Attached hereto as Exhibit P is a true and correct copy of Amended Response of

Defendant Divya Narendra to Form Interrogatories served April 3, 2006. 18. Attached hereto as Exhibit Q is a true and correct copy of Response to Defendant

Divya Narendra to First Set of Requests for Admission served October 31, 2005. -2CHATTERJEE DECL. ISO MOTION FOR SANCTIONS 5:07-CV-01389-RS

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19.

Attached hereto as Exhibit R is a true and correct copy of the Court's Order re

Demurrer of Defendant ConnectU, LLC to Complaint and Motion of Defendats Cameron Winklevoss, Tyler Winklevoss, Howard Winklevoss and Divya Narendra to Quash Service of Summons and Complaint for Lack of Personal Jurisdiction, filed on June 2, 2006 Order. 20. Attached hereto as Exhibit S is a true and correct copy of Notice of Newly

Identified Authority in Support of Facebook's Defendants' Motion to Dismiss filed April 14, 2006 (D.I 169) in the Massachusetts Action. 21. Attached hereto as Exhibit T is a true and correct copy of Response to Notice of

Newly Identified Authority in Support of ConnectU's Opposition to Defendants' Motion to Dismiss, filed April 26, 2006 (D.I. 171) in the Massachusetts Action. 22. Attached hereto as Exhibit U is a true and correct copy of Plaint iff's Supplemental

Brief in Opposition to Dismiss, Presenting New Evidence and Supplemental Authority in View of Pramco filed June 12, 2006 in Massachusetts Action. [CONFIDENTIAL DOCUMENT SUBMITTED UNDER SEAL] 23. Attached hereto as Exhibit V is a true and correct copy of the Declaration of

Divya Narendra in Support of Plaintiff's Supplemental Brief in Opposition to Motion to Dismiss, Presenting New Evidence and Supplemental Authority in view of Pramco (D.I. 184); the Declaration of Cameron Winklevoss in Support of Plaintiff's Supplemental Brief in Opposition to Motion to Dismiss, Presenting New Evidence and Supplemental Authority in view of Pramco (D.I. 183); the Declaration of Tyler Winklevoss in Support of Plaintiff's Supplemental Brief in Opposition to Motion to Dismiss, Presenting New Evidence and Supplemental Authority in view of Pramco (D.I. 185) filed June 12, 2006 in Massachusetts Action. 24. Attached hereto as Exhibit W is a true and correct copy Amendment to Second

Amended Response o f Defendant ConnectU LLC to Plaintiff's First Set of Special Interrogatories. 25. Attached hereto as Exhibit X is a true and correct copy of the Second

Memorandum and Procedural Order entered on August 24, 2006 (D.I. 230) in Massachusetts Action. -3CHATTERJEE DECL. ISO MOTION FOR SANCTIONS 5:07-CV-01389-RS

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26.

Attached hereto as Exhibit Y is a true and correct copy of excerpts of October 24,

2006 evidentiary hearing transcript from the Massachusetts Action. 27. Attached hereto as Exhibit Z is a true and correct copy of excerpts of October 25,

2006 evidentiary hearing transcript from the Massachusetts Action. 28. Attached hereto as Exhibit AA is a true and correct copy of Objections to

Amended Notice of Deposition of Plaintiff and Counterclaim Defendant ConnectU LLC Pursuant to Fed. R. CIV. P. 30(b)(6), served in the Massachusetts action on August 3, 2005. 29. Attached hereto as Exhibit BB is a true and correct copy of excerpts from Plaintiff

and Counterclaim Defendant ConnectU LLC's Responses to Defendant and Counterclaim Plaintiff TheFacebook, Inc.'s First Set of Interrogatories (Nos. 1-17), served in the Massachusetts action on August 22, 2005. [CONFIDENTIAL DOCUMENT SUBMITTED UNDER SEAL] 30. Attached hereto as Exhibit CC is a true and correct copy of the Notice of Motion,

Motion, and Memorandum of Points and Authorities in Support of TheFacebook, Inc.'s Motion to Compel Limited Depositions on the Subject of Personal Jurisdiction filed on November 30, 2005. [CONFIDENTIAL DOCUMENT SUBMITTED UNDER SEAL] 31. Attached hereto as Exhibit DD is a true and correct copy of the Notice of Motion,

Motion, and Memorandum of Points and Authorities in Support of TheFacebook, Inc.'s Motion to Compel Supplemental Responses and Production of Documents in Response to its First Sets Special Interrogatories and Requests for Production, filed on January 17, 2006. [CONFIDENTIAL DOCUMENT SUBMITTED UNDER SEAL] 32. Attached hereto as Exhibit EE is a true and correct copy of the Notice of Motion

and Memorandum of Points and Authorities in Support of TheFacebook, Inc.'s Motion to Compel Supplemental Responses to Facebook, Inc.'s First Sets of Form Interrogatories and Requests for Admission, filed on January 31, 2006. [CONFIDENTIAL DOCUMENT SUBMITTED UNDER SEAL] 33. Attached hereto as Exhibit FF is a true and correct copy of an Order Re: Items 1-4

entered in the Superior Court of California County of Santa Clara on March 13, 2006. 34. Attached hereto as Exhibit GG is a true and correct copy of the Second Amended -4CHATTERJEE DECL. ISO MOTION FOR SANCTIONS 5:07-CV-01389-RS

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Response of Defendant ConnectU LLC to Plaintiffs First Set of Special Interrogatories (1-23) served March 3, 2006. 35. Attached here to as Exhibit HH is a true and correct copy of the Amended

Response of Defendant Tyler Winklevoss to Form Interrogatories served April 3, 2006. 36. Attached here to as Exhibit II is a true and correct copy of the Amended Response

of Defendant Cameron Winklevoss to Form Interrogatories served April 3, 2006. 37. Attached here to as Exhibit JJ is a true and correct copy of the Declaration of

Scott R. Mosko in Support of Defendants' Motion to Quash Service of Complaint and Summons for Lack of Personal Jurisdiction attaching declarations of the defendants signed October 25, 2005, filed April 28, 2006. 38. Attached here to as Exhibit KK is a true and correct copy of the Supplemental

Declaration of Divya Narendra in Support of Defendants' Reply to Opposition to motion to Quash Service of Complaint and Summons for Lack of Personal Jurisdiction, served on May 24, 2006. 39. Attached here to as Exhibit LL is a true and correct copy of the Memorandum and

Procedural Order (D.I. 172) in the Massachusetts Action, filed on May 1, 2006. 40. Attached here to as Exhibit MM is a true and correct copy of the Response of

Defendant Divya Narendra to Form Interrogatories, served on October 31, 2005. 41. Attached here to as Exhibit NN is a true and correct copy of the Response of

Defendant Cameron Winklevoss to Form Interrogatories, served on October 31, 2005. 42. Attached here to as Exhibit OO is a true and correct copy of the Response of

Defendant ConnectU LLC to Form Interrogatories, served on October 31, 2005. 43. Attached here to as Exhibit PP is a true and correct copy of the Response of

Defendant Tyler Winklevoss to Form Interrogatories, served October 31, 2005. 44. Attached here to as Exhibit QQ is a true and correct copy of the Response of

Defendant Cameron Winklevoss to First Set of Request for Admission, served on October 31, 2005. 45. Attached here to as Exhibit RR is a true and correct copy of the Response of -5CHATTERJEE DECL. ISO MOTION FOR SANCTIONS 5:07-CV-01389-RS

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Defendant Tyler Winklevoss to First Set of Request for Admission, served October 31, 2005. 46. Attached here to as Exhibit SS is a true and correct copy of the Response of

Defendant ConnectU LLC to First Set of Request for Admission, served on October 31, 2005. 47. Attached here to as Exhibit TT is a true and correct copy of the Amended

Response of Defendant Cameron Winklevoss to Plaintiff's First Set of Special Interrogatories (123) served March 9, 2006. 48. Attached here to as Exhibit UU is a true and correct copy of the Amended

Response of Defendant Tyler Winklevoss to Plaintiff's First Set of Special Interrogatories (1-23) served March 9, 2006. 49. Attached here to as Exhibit VV is a true and correct copy of The Facebook, Inc.'s

first set of form interrogatories for Defendant Divya Narendra; The Facebook, Inc.'s first set of form interrogatories for Defendant ConnectU LLC; The Facebook, Inc.'s first set of form interrogatories for Defendant Cameron Winklevoss and The Facebook, Inc.'s first set of form interrogatories for Defendant Tyler Winklevoss, served on September 26, 2005. 50. Attached here to as Exhibit WW is a true and correct copy of The Facebook, Inc's

First Set of Requests for Admission Directed to Defendant Divya Narendra (C.C.P. § 2033); The Facebook, Inc's First Set of Requests for Admission Directed to Defendant ConnectU LLC (C.C.P. § 2033); The Facebook, Inc's First Set of Requests for Admission Directed to Defendant Cameron Winklevoss (C.C.P. § 2033); and The Facebook, Inc's First Set of Requests for Admission Directed to Defendant Tyler Winklevoss (C.C.P. § 2033) served on September 26, 2005. 51. Attached here to as Exhibit XX is a true and correct copy of The Facebook, Inc.'s

First Set of Special Interrogatories to Defendant Divya Narendra; The Facebook, Inc.'s First Set of Special Interrogatories to Defendant ConnectU LLC; The Facebook, Inc.'s First Set of Special Interrogatories to Defendant Cameron Winklevoss; and The Facebook, Inc.'s First Set of Special Interrogatories to Defendant Tyler Winklevoss served on November 3, 2005. 52. Attached here to as Exhibit YY is a true and correct copy of The Facebook, Inc.'s

First Set of Requests for Production to Defendant ConnectU, served on November 3, 2005. -6CHATTERJEE DECL. ISO MOTION FOR SANCTIONS 5:07-CV-01389-RS

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53.

At my direction, I have had my staff investigate the people involved in the

California proceedings related to the motion to quash. We did not include fees associated with the proceedings in Massachusetts or fees associated with act ivit ies unrelated to the motion to quash in our review of bills. Based upon the billing records, we concluded as follows: The following attorneys were involved in addressing discovery issues and motions practice associated with the individual defendants' motion to quash filed with the California Superior Court: G. Hopkins Guy, I. Neel Chatterjee, Monte M. F. Cooper, Theresa Sutton, Robert Nagel, Joshua Walker, Peter O'Rourke, Yvonne Greer, and Amandine Hall. The billing rates for these attorneys range from $605 to $165 per hour. The estimated total amount of hours spent was 662.90 by these attorneys. Amy Dalton is a paralegal working on the matter. Her billing rate is $185 per hour. The estimated total hours spent by her associated with the individual defendants' motion to quash is 150.00. We are currently re-reviewing her time to ensure it is accurate and reserve the right to amend her time. The estimated total amount of fees incurred related to the motion to quash proceedings was $283,203.80. We are willing to provide more information or back up for in camera review upon request. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Executed this 22 day of August, 2007, at Menlo Park, California.

/s/ I. Neel Chatterjee /s/ I. Neel Chatterjee

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OHS West:260290080.3

CERTIFICATE OF SERVICE I hereby certify that this document(s) filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non registered participants on August 22, 2007. Dated: August 22, 2007. Respect fully submitted, /s/ I. Neel Chatterjee /s/ I. Neel Chatterjee

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