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

Filing 221

Declaration of Scott R. Mosko in Support of Defendants Winston Williams and Pacific Northwest Software, Inc.'s Opposition to Plaintiffs' Motion to Compel Supplemental Responses to Interrogatory Nos. 3 and 4 filed by Pacific Northwest Software, Inc., Winston Williams. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4-A# 5 Exhibit 4-B# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8)(Mosko, Scott) (Filed on 11/7/2007) Text modified on 11/8/2007 (bw, COURT STAFF).

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

Doc. 221 Att. 1

Case 5:07-cv-01389-RS

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Stanford Research Park

3300 HilIview Avenue

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Palo Alto, CA 94304-1203

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650.849.6600

· Fa, 65O.849.6 www.finnegan.com

FINNEGAN

HENDERSON
FARABOW GARRETT&

Scott R. Mosko scott.moskofinnegan.com

DUNN ER

November 5, 2007

VIA FACSIMILE AND EMAIL Theresa Sutton, Esq. Orrick, Herringtofl & Sutcliffe LLP 1000 Marsh Road Menlo Park, CA 94025 TheFacebook, Inc., et al. v. ConnectU, LLC, et al. Case No. 5:07-cv-01389-RS U.S. District Court for the N.D. of California
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Dear Ms. Sutton, Thank you for your letter dated November 5, 2007, however, the points raised in your letter do not adequately address why you insist on moving forward with this motion. PNS and Winston Williams have responded to Interrogatory No. 3 with "such information as is available" to them as required by Rule 33 of the Federal Rules of Civil Procedure. John Taves, the principal of PNS, testified that he is not familiar with the work Mr. Williams completed on behalf of ConnectU, LLC. Tr. at 112:18-113:6. PNS simply has no information regarding the IP addresses or URLs used to access the facebook.com website and cannot provide further supplemental responses. Mr. Williams has responded to Interrogatory No. 3 with the IP addresses that were used to access the facebook.com website. In your letter, you state that "[cjertainly they know why they accessed the website...." Respectfully, we seem to be going in circles here. The interrogatory calls for the IP address used "to obtain data from any website associated with Facebook, Inc." Mr. Williams responded with three IP addresses. It seems patently obvious that these three IP addresses were used "to obtain data from any website associated with Facebook. Inc." Mr. Williams has provided a complete response to this interrogatory. Next, you make the assumption that a January 2006 timesheet entry stating that Mr. Williams "started system to calculate # of e-mails sent to students at California schools" means that such a system was completed and successful. The existence of a short entry in a time sheet indicating that Mr. Williams had "started a system" to calculate the number of emails sent to California students does not establish that such a calculation was ever completed. There is no

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Case 5:07-cv-01389-RS Theresa Sutton, Esq. November 5 2007

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FINNEGAN HENDERSON FARABOW GARRETT & DUNN ER

evidence in the record to support such an assumption. We repeat, there is no additional information available from which a supplemental answer can be written. Finally, your letter brings up a number of points associated with the database that was searched for responsive information. The points are addressed below:
· How the database was searched and why reconstruction is impossible.

Asking us to describe how the database was searched will not change the fact that Mr. Williams has participated in an analysis of it and has concluded that the information in it does not allow him to further supplement his responses to Interrogatory Nos. 3 or 4. We provide you with a declaration to this effect. Please withdraw the motion.
· /Mr. WilliamsJ lest jfled that he is sure reconstruction is possible.

A complete reading of Mr. Williams testimony, in the context of the entire series of questions, clearly demonstrates that Mr. Williams thought that it may be possible to extract the requested information. Again, please refer to Mr. Williams declaration. He has now concluded this database will not assist in providing further answers to Nos. 3 or 4.
· Mr. Williams teslfled that eina its sent by Connect U were logged on a PNS database server.

Mr. Williams testified that email information was logged on a PNS server, though "not necessarily permanently." Tr. at 157:13-14. Unfortunately, you have cited to only part of the relevant testimony concerning the logging process. Again, please refer to the attached declaration. · Why only Mr. Williams was consulted.

As you know from earlier depositions, there is no one at PNS who had hands-on involvement, other than Mr. Williams. We did consult with Mr. Taves, who again confirmed that Mr. Williams would be the only one he would know who could address these interrogatories.
· Production of database information.

Your motion addresses the issue of compelling a further response to Interrogatory Nos. 3 and 4. My letter concerned only these interrogatories. And, from what I can tell, it is likely that the information from this database has already been produced.

Case 5:07-cv-01389-RS
Theresa Sutton, Esq. November 5, 2007

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FiNNEGAN FARABOW GARRETT & DUNN ER f

As indicated above, we attach a declaration from Winston Williams that we will file with our opposition to Plaintiffs' motion to compel, if you insist on moving forward with this motion. We again request you take this motion off calendar.

Very truly yours,

Scott R. Mosko SRM: rjh Attachment

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FINNEGAN HENDERSON FARABOW GARRETT & DUNN ERG'

FACSIMILE TRANSMITTAL
TO Name: Theresa A. Sutton Company: Orrick, Herrington & Sutcliffe LLP Fax Number: 650-614-7401 Subject: TheFaceBook v. ConnectU Date: November 5, 2007 Phone Number: 650-614-7400 Total Pages (including cover): Confirmation Copy to Follow:

5
No

FROM Name: Scott R. Mosko 6508496672 Phone Number: Verified by: Rjh Our File No.:

MESSA GE

If there is a problem with this transmission, notify the sender at the number above. This facsimile is intended only for the individual to whom it is addressed and may contain information that is privileged, confidential, or exempt from disclosure under applicable law. If you have received this facsimile in error, please notify the sender immediately by telephone (collect), and return the original message by first-class mail to the above address.

Case 5:07-cv-01389-RS

Document 221-2

Filed 11/07/2007

TRANSACT ION REPORT FOR: SEND DATE START RECEIVER TX TIME i'34" PAGES TYPE 5 FAX TX TOTAL : Finnegan,Henderson 6508496666

* * NOV--05-2007 HON 07:04 PM * * *

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NOTE OK iN 34S PAGES: 5

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NOV--05 07:02 PH 6147401

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FACSIMILE TRANSMITTAL
TO

Name: Theresa A. Sutton Company: Orrick, Herrington & Sutcliffe LLP Fax Number: 650-6344401 Subject: TheFaceBook v. ConnectU

Date: November 5, 2007
Phone Number: 650-614-7400 5 Total Pages (including covet): No Conrmation Copy to Foflow:

FROM Name: Scott R Mosko Phone Number: 650-849-672
Vesitled by:

Rjh

Our File No.:

MESSAGE

This tacslmtle

ber above. it there Is a problem with this uansmi;sion,, notify the sender 1 the num y contain htfornmtion that is Is Intended only for the Individual to whom it Is addressed and ma . if you have received this tacslmfle In privileged, confidential, or eempt irons disclosure under applicable law original mmsnge by first-clan error, plense notify the sender immediately by telephone (collect), and return the wail to the above addrras.