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. 2

Case 5:07-cv-01389-RS

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SANTA CLARA

THEFACEBOOK,

INC., Plaintiff,

vs. CONNECTU LLC, Defendant.

)

NO.

1 05 CV 047381

CONFIDENTIAL VIDEOTAPED DEPOSITION UPON ORAL EXANINATION OF JOHN TAVES

8:58 a.m.

-

4:49 p.m. 2007

January 29, 719 Second Avenue, Seattle,

Suite Number 900

Washington

Joan E.

Kinn,

CCR,

RPR

Court Reporter

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JOHN TAVES 1/29/2007

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A.

No. Okay. Have you ever seen this list of topics

09 :37 : 56 09 :37 : 57 09:38:00 09 : 38: 03 09:38:04 09:38: 08 09:38:10 09:38:10 09:38:13 09:38: 15 So you started in December 2004, 09 :38: 16 09:38:21

Q.

in Exhibit A? A. I think so. Okay. Number 2 says, work performed for

Q.

ConnectU; do you see that? A. Yeah. Are you prepared today to talk about work

Q.

that you performed for ConnectU? A. Yeah. Okay.

Q.
correct? A.

Yeah. Okay. What were you working on at the time? Question is vague.

09:38:21 09:38:22 09:38:26 09:38:28 09:38:32 09:38:33 the 09:38:35 09:38:38 09:38:41 09:38:45 09:38:46 09:38:50 09:38:50

Q.

MR. MOSKO: A.

You mean what did we work on for ConnectU? Mm-hm. I'm not sure. Okay. So the whole time you worked,

Q.
A.

Q.

20 21 22 23 24 25

whole time you worked for ConnectU, why don't you just give me a list of things you worked on, maybe that will be easier to do it that way. A. I'm not sure what we have worked on for them,

I don't know.

Q.

You're supposed to be the person most

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A.

Yeah,

go ahead.

10: 04 :42 10:04:44 10: 04:48 10: 04 : 54 10: 05:00 10 : 05 : 03 10: 05: 05 10:05: 05 10: 05 : 07 10: 05: 12 but I probably would have. 10 : 05 : 12 10:05 : 14 10: 05: 17 10 :05: 19 10:05:20

Q.
A.

What is this? I think this was i2Hub and ConnectU's two services

thoughts on how to share their, you know, and contribute marketing.

Q.

Okay.

And did you review this at the time

you received it? A. Q. I think so, yeah. Do you recall if you asked Cameron any

questions about it?
A.

I don't remember, Okay.

12 13 14 15 16
17

Q.

Would anybody else have talked to

Cameron about this document? MR. MOSKO: Software? A. Q. A. Q. A. Winston and Joel. Winston and Joel? Winston and Joel. Okay. Well,
And why Winston?

On behalf of Pacific Northwest

10:05:22 10: 05 :24 10:05:25 10:05:27 10:05:36 10:05:38 10: 05 :43 10: 05:47 10: 05:49 10:05 :51

18 19 20
21

I don't remember specifically the but Winston was working on

timing of all these things, ConnectU. this time,

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Whether he was working on ConnectU at exactly I don't know, but I'm just assuming that it

would have been Winston.

Q.

But this is

---

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A.

He was the primary developer for ConnectU. Okay, Okay, sorry to interrupt you. and so this might have been a project

10: 05 :51 10:05 :54 10 : 05 : 56 10:05 :57 10: 06:02 10:06:02

Q.

he would have worked on for ConnectU while working at Pacific Northwest? A. Q.
A.

Right. Okay,
Mrn--hm.

great.

If you look at the second page.

10:06: 03 10: 06: 07 10: 06: 08 10:06:12

8 9 10
11

Q. technical.
A.

It has a section called CU Modifications more

Mm-hm.

10:06:13 to your recollection, is that just 10:06:14 10:06:23 10:06:27 10:06:31
--

12
13 14 15 16 17 18 19 20 21 22 23 24 25

Q.

Is that,

modifications to the existing site that ConnectU wanted Pacific Northwest to do; do you know? MR. MOSKO: A. Q. Calls for speculation.

So say that question again, because this Okay,

10: 06:40 10:06:43 10:06:45 10: 06:48 10: 06:48 10:06 :49

so lets start at the beginning then,

maybe this will make it more clear, Mr. Taves. A. Q. A. Q. Okay. I don't want to confuse you. Okay. So this is an overview, it looks like an

10:06:50 10: 06:53 10:06:55 10:06:56

integration spec that Cameron sent to you. A. Q. Mm-hm.
And this looks like it outlines the project

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the client talks to? MR. MOSKO: foundation. A. We pass it around quite a bit. Okay, so there's not
---

10:13:07 Calls for speculation and lacks 10:13:09 10:13:11 10:13:11 10:13:14 10:13:16 10:13:17

Q.

there's not sort of

like a team lead and then A. No. Okay.

Q.
company?

And what is your role then with the

10:13:18 10:13:21

MR. MOSKO:

Generally or in this instance?

10:13:21 10:13:23 10:13:24 10:13:34 10:13:40

Q.
A.

Do you understand the question? Well, I'm the
--

12 13 14 15 16 17 18 19 20 21 22 23 24 25

I'm the CEO,

the president, and so we

but, you know, Mike and I are fairly equal, team up to make the major decisions.

Q.
A.

Okay, Yes.

it's a fairly small company,

right?

10:13:42 10:13:45 10:13:46 10:13:50

Q.

So as the CEO, what are your day-to--day

responsibilities? A. Anything I feel like doing. I mean I worry I worry

10:13:50 10:13:55 10:13:58 10:14:01 10:14:03

about the books,

I worry about who we employ, I worry about the
--

about the customers, Q. yourself? A. Yeah, Okay,

do you do any development work

some.

10:14:04 10:14:05

Q.

And did you do any development work for

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ConnectU? A. No. Who did that? The bulk of it was Winston. Okay. Joel did some. I think there was others that

10:14:07 10:14:08 10:14:09 10:14:10 10:14:12 10:14:13 10:14:16 10:14:20 Okay. Did Wayne Chang do any? 10:14:20 10:14:23 10:14:25 10:14:26 a 10:14:36 10:14:51 10:14:53 10:14:53 10:14:54 10:14:56 okay. Who at iMarc did you work 10:14:57 10:15:00 10:15:02 10:15:05 There might have been 10:15:08 10:15:11 10:15:13

Q.
A. Q. A.

did a little bit, of them.

but I can't remember the extent of all

8 9 10
11

Q.
A.

I don't think so. Okay. Could be wrong. Did you have any interaction with iMarc,
--

Q.
A.

12 13 14
15

Q.

company called iMarc, with regard to your work A. Yeah.
--

16 ]7 18 19 20 21 22 23 24 25

Q.

with Connectu? Let her finish the question

MR. MOSKO: before answering.

Q.

So you did,

with or talk to? A. I can't remember his name. Mark Pierrat? That sounds familiar.

Q.
A.

another name too.

Q.

Dave Tufts?

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Q.

Okay.

How would you describe your management

10:45: 16 10:45:22

2
3

u? style in terms of the people who work for yo
MR. MOSKO: and uncertain. A. know. Q. they do? A. I don't think I'm a micro manager. Do you have regular status meetings? No, not regular. Are you a micro manager, do you watch what You would have to be more specific, I, you The question is vague, overbroad,

10:45:24 10:45 :27 10:45:29 10:45 :32 10:45:33 10:45:36 10:45 :37 10:45:40 10:45:44 10:45 :45 10:45:58 10:45: 58

4 5 6 7 8 9 10 11 12 13
14

Q.
A.

Q.

Would you have meetings to talk with your

ct to see team working on a particular product or proje
how it's going? MR. MOSKO: foundation. A. Yeah, we do have meetings. Do you expect regular updates from your Calls for speculation and lacks

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16

10:45 : 58 10:45:59 10:46: 00 10:46 : 02 10:46:05 10:46:07 10:46:09 10:46: 11 10:46 : 14

17 18 19 20 21 22 23 24 25

Q.

developers on how projects are going? MR. MOSKO: A. Vague and uncertain. I hope.

I don't expect,

Q.
developers? A.

Do you get regular updates from your

No,

not regular.

I get updates. If something significant is

10:46: 15 10:46: 18

Q.

You get updates.

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t? happening in a project, do you generally learn about i A. don't know, Q. Well, so. Would you expect your developers to tell you the ones I haven't learned about I

10:46:23 10:46:28 10:46:30 10:46:31 10:46:34 10:46:36 10:46:38 10:46:38 10:46:40 10:46:43 10:46:46 10:46:48 10:46:52 10:46:56 10:46:59 10:47 : 03

? significant things that are going on in their projects A. Q. A. Q. I would hope so. Okay. But I don't expect it.
And if and when you have status meetings with

t? your staff, what kinds of things do you talk abou MR. MOSKO: The question is hopelessly vague

and overbroad and uncertain. A. Q. We talk about all sorts of things. Okay. So let's take ConnectU for example,

did you have any staff meetings regarding ConnectU's projects?
MR.

MOSKO:

Vague as to time.

10 :47 : 03 10:47 :05 10:47 : 07 10:47 :15 10:47:21 10:47:26 10:47:30 10:47:39 10:47 :42

A. Q. A.

I'm sure we have had meetings. Do you recall any of them? No. I mean the definition of meeting, you we do chats, there's nothing Communication I mean

know, we exchange E-mails, any
--

there's nothing formal about it.

happened all over the place, you got the E-mails. Q.

so it's just, yeah,

But you're generally kept up to date on

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Q.

Okay. What did you mean when you said, we've got

11:10: 04 11 :10: 06 11: 10:09 11:10: 12 11:10: 16 11:10:19 11:10:20 11:10:22 11:10:26 11:10:29 11:10:30 11: 10:34 11:10:37 11:10:39 When you say we've got nothing 11: 10:40 11:10:45 11:10:56 11:11:01 11:11: 05 11:11: 11 11: 11: 17 11: 11:28 11:11:28 I was just 11:11:28 11: 11: 30

2 3 4 5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

ee? nothing interesting, go bark up another tr A. Well, with Winston gone, I didn't think we

had any information for you. far as I `m concerned. Q. A. Q. Why Winston?

Winston is the answers as

He did the majority of the work for ConnectU. But ConnectU hired Pacific Northwest Software correct?

to do the work, A. Q.

Mm-hm. Do you have any sense for how many documents

you produced? A. Q. No. Okay.

interesting, what do you mean by that? A. Your
--

I don't think I can contribute any

l Butterfly or information as to anything about the Socia Winston was Facebook importer or whatever it is, because the major developer for ConnectU, employee, Q. so, you know, Okay. and he's not an

I don't have the information.

So the other tree you wanted us to

bark up is Winston? A. I don't care where you bark,

these getting tired of paying lawyers to answer

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Q.

Do you know what he's talking about?
MR. MOSKO:

11:46:46
11:46:49

Calls for speculation, the

document speaks for itself.
A.

11:46 : 51 11:46:55
the bulk of our time was

Not really, no. Okay. He says,

Q.

11:46 :58
11:47 : 01 11:47 : 03 11:47 : 05 11:47 :09 11:47 : 12 11:47 :14 11:47:28 11:47 :28 11:47 :32 11:47 :37 11:47 :40 11:47 :41 11:47 :42 11:47 :46 11:47 :51 11:47 :55 11:47 :59 11:48:02 11:48 : 05 11:48 : 07

spent on it; do you see that?
A. Mm-hm. If the bulk of Winston's time was spent on a

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q.

project, would you not be aware of it?
MR. MOSKO: Calls for speculation and lacks

foundation and assumes facts not in evidence. A. Okay, on this sentence I'm not sure who he's
And then specifically on your

referring to as our.

question, you said if Winston worked on something, would I not know about it, could you say that again?

Q.
A.

I think I will actually. Okay.

Q.

I'm trying to figure out who manages these
--

projects, because if Wayne

if Winston spent a great it seems to me because

deal of time on this product,

your company is small that you would know what Winston

is doing.

I'm doing the same thing you did.

Were you

not aware of the projects he was working on?
MR.

MOSKO:

Let me object to the question as

lacking in foundation and overbroad and substantially

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misstating the document and misinterpreting the document. A. You're correct, I was not aware of the I knew that he

11:48:11 11:48 : 17 11:48: 17 11:48:20 11:48:24 11:48:27

details of what Winston is working on.

the was working on ConnectU and that they were paying bills. Q.
A.

And that's all you were concerned about? Pretty much. So do you know what Wayne is referring to go back to the first page,
Mm-bin.

11:48:28
11:48:30 11:48:44

8 9 10
11 12 13 14 15 that

Q.
---

if you will, please.

11:48:48 11:48:50 11:48:51 11:48:54 11:48:58 11:49:01

A.

Q.

The sentence where he says that Social

Butterfly now illegally uses logins and passwords procured from ConnectU users, talking about there? MR. MOSKO: speculation, Objection, question calls for and is substantially do you know what he's

16
17

11:49:02 11:49:05 11:49:09 11:49:19

lacks foundation,

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incomprehensible. A. Q. I don't know the details. Why was Wayne sending you bullet, I'm

11:49:29 11:49:33 11:49:37 11:49:42 11:49:45 11:49:47

assuming he means bullet points, you this, do you know, MR. MOSKO:

but why was he sending

did you ask him for it? Compound, answer the latter

question I think is the one she's asking for. A. Why did he send it?

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Q.
A. don't know. Q.

No, No,

did you ask him for it? I didn't ask him to send me this. I
--

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2 3 4 5 6
7

Did you have a discussion with him that

11:49:53 11:49 :56 11:50:00 11:50:01 11:50:04 11:50:08

preceded this E-mail about these issues? MR. MOSKO: A. Q. Could be. Would you have asked him to put in an E-mail Overbroad,

8 9
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the bullet points? MR. MOSKO: foundation. A. It seems unlikely. It seems more like he was Calls for speculation, lacks

11:50: 10 11:50:12 11:50:13 11:50:17 11:50:21

ek seeking out my help than I was encouraging him to se it out. Q. Did you talk to anyone at ConnectU about

11:50:21 11:50:24

these issues? MR. MOSKO: Q. Lacks foundation.

11:50:25 11:50:26 11:50:28 11:50:30 11:50:32

You, Mr. Taves. MR. MOSKO: Hold on one second.

The question lacks foundation and is overbroad. A. If these issues are Wayne's relationship with I did, you know, E-mail and speak with

21
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11:50:35 11:50:39 11:50:46 11:50:51

Cameron, yes,

Cameron and Wayne about it. Q. What did you E-mail Cameron about?

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