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

Filing 198

Declaration of Yvonne P. Greer Pursuant to Civil Local Rule 79-5(D) in support of Sealing Exhibits V-8-E, V-8-G, V-8-H,and V-4; and Withdrawing the Confidential Designations to Exhibits V-5-Q and V8-B to the Declaration of Scott Mosko in Support of Opposition to Plaintiffs' Motion for Evidentiary and Related Sanctions filed by Mark Zuckerberg, The Facebook, Inc. (Attachments: # 1 Proposed Order)(Related document(s) 162 ) (Greer, Yvonne) (Filed on 10/2/2007) Text modified on 10/3/2007 (bw, COURT STAFF).

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

Doc. 198

Case 5:07-cv-01389-RS

Document 198

Filed 10/02/2007

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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, Defendants.

Case No. 5:07-CV-01389-RS DECLARATION OF YVONNE P. GREER PURSUANT TO CIVIL LOCAL RULE 79-5(D) IN SUPPORT OF SEALING EXHIBITS V-8-E, V-8G, V-8-H, AND V-4; AND WITHDRAWING THE CONFIDENTIAL DESIGNATIONS TO EXHIBITS V-5-Q AND V-8-B TO THE DECLARATION OF SCOTT MOSKO IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION FOR EVIDENTIARY AND RELATED SANCTIONS Date: Time: Judge: October 10, 2007 9:30 A.M. Honorable Richard Seeborg

GREER DECL. PURSUANT TO CIVIL L.R. 79-5 5:07-CV-01389-RS

Dockets.Justia.com

Case 5:07-cv-01389-RS

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I, Yvonne P. Greer, declare as follows: 1. I am an associate with the law firm of Orrick, Herrington & Sutcliffe LLP, counsel

to Plaint iffs Facebook, Inc. and Mark Zuckerberg. I am licensed to practice law in the State of California. I have personal knowledge of the facts and circumstances set forth in this Declaration. If called as a witness, I could and would testify competently to the matters set forth herein. I make this Declaration pursuant to Civil L.R. 79-5(d). 2. On September 19, 2007, Defendants Cameron Winklevoss, Tyler Winklevoss, and

Divya Narendra lodged exhibits with the Court pending this Court's ruling on Defendants' Administrative Request to Seal those documents (Dkt. No. 162). These are the same exhibits that Defendants lodged with the Court pending this Court's ruling on Defendants' Administrative Request to Seal these exhibits attached to Scott Mosko's Declaration in Support of Defendants Cameron Winklevoss, Tyler Winklevoss, and Divya Narendra's Motion to Dismiss (Dkt. No. 138). Good cause exists for sealing Exhibits V-8-E, V-8-G, V-8-H, and V-4 to the Declaration of Scott Mosko in Support of Defendants' Memorandum. 3. On September 28, 2007, this Court granted the Joint Order Re Sealing Motions

ordering Exhibits V-8-E, V-8-G, V-8-H, and V-4 to the Declaration of Scott Mosko in Support of Defendants' Memorandum be filed under seal for good cause shown (Dkt. No. 174). 4. Exhibit V-8-E is a document related to the registration of the Facebook.com

domain registration. The document contains Mark Zuckerberg's parents' home address and phone number. Because of the substantial public attention this case has drawn, Mr. Zuckerberg is concerned that the release of his family's home address and phone number will invite third parties to contact his family, imposing an unnecessary and avoidable burden on them. 5. Exhibit V-8-G is a copy of an Agreement between Facebook and a third party,

Equinix. The Agreement was marked confidential by the third party. It is not Facebook's information to make publicly available. 6. Exhibit V-8-H is a copy of excerpts from the deposition of Mark Zuckerberg. The

testimony includes confidential and commercially sensitive financial information (in the form of a valuation placed on the company) related to Facebook, Inc. -2GREER DECL. PURSUANT TO CIVIL L.R. 79-5 5:07-CV-01389-RS

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7.

Defendants also lodged Exhibit V-4. This document, Facebook's Opposition to

Defendants' Motion to Quash, contains information ConnectU designated as Confidential and was filed under seal by the Superior Court of California before this action was removed to this Court. 8. Defendants also lodged as sealable Exhibits V-5-Q and V-8-B. Facebook

previously withdrew its "Confidential" designation on these documents on September 7, 2007 (Dkt. No. 147). Exhibits V-5-Q and V-8-B need not be placed under seal. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Executed this 2nd day o f October, 2007, at Menlo Park, California.

/s/ Yvonne P. Greer /s/ Yvonne P. Greer

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GREER DECL. PURSUANT TO CIVIL L.R. 79-5 5:07-CV-01389-RS

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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 October 2, 2007. Dated: October 2, 2007. Respect fully submitted, /s/ Yvonne P. Greer /s/ Yvonne P. Greer

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GREER DECL. PURSUANT TO CIVIL L.R. 79-5 5:07-CV-01389-RS