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. 9

Case 5:07-cv-01389-RS

Document 221-10

Filed 11/07/2007

Page 1 of 5

EXHIBIT 8

Dockets.Justia.com

Case 5:07-cv-01389-RS

Document 221-10

Filed 11/07/2007

Page 2 of 5

Stanford Research Park

·

3300 Hillview Avenue

Palo Alto, CA 94304-1203

·

650.849.6600

· Fax [phone] www.finnegan.com

FINNEGAN HENDERSON FARABOW GARRETT & DUNNER

ScorrR.Mosjco [phone] Scott.Mosko®finnegan.com

October 31, 2007

Theresa Sutton, Esq. Orrick, Herrington & Sutcliffe LLP 1000 Marsh Road Menlo Park, CA 94025 TheFacebook, Inc., et al. v. ConnectU, LLC, et al. Case No. 5:07-cv-0l 389-RS U.S. District Court for the N.D. of California
-

Dear Ms. Sutton, In previous correspondence, you identified certain testimony provided by Winston Williams that you believe would allow Mr. Williams andlor Pacific Northwest Software (PNS) to further supplement their responses to Interrogatory Nos. 3 & 4. In his deposition, Mr. Williams testified that he didn't know whether it would be possible to "reconstruct[} events to know how many e-mails were sent by ConnectU to students in California schools." Winston Williams Deposition, 156:18-20 (June 19, 2007). But, based on this testimony, as we understood your request, Facebook asked that PNS and Mr. Williams determine if it was possible to "reconstruct the events" and supplement their Interrogatory responses accordingly. Consistent with my previous correspondence, the investigation into this issue has taken some time to complete. At the time you made your request, the principal at PNS, John Taves was out of the country. We represented that once he returned, we would investigate the matter. After Mr. Taves returned, he forwarded the files to us. Again, as we told you, these files were in a complex format and accessing the requested information was not as simple as, for example, opening an excel spreadsheet and scanning through tables. Due to the complex format, it took some time and substantial effort to put them into a format in order to determine whether these files provided additional information that would be responsive to Interrogatory Nos. 3 or 4. Mr. Williams previously had testified that it may be possible to determine if any emails were sent to persons in California. See Winston Williams Deposition at 156:17-25 ("It would be complicated to do something of that nature, and I don't know that it has been done or is an

Washington, DC

·

Atlanta, GA

·

Cambridge. MA

·

Palo Alto, CA

·

Reston, VA

·

Brussels

· Taipei

Tokyo

Case 5:07-cv-01389-RS
Theresa Sutton October 31, 2007 Page 2

Document 221-10

Filed 11/07/2007

Page 3 of 5
FINNEGAN HENDERSON GARRETT&

DUNNER!

cxi sting function. It's maybe possible, yeah...."). After further analysis of these files, however, it is clear to Mr. Williams that the database will not provide any information that will allow him to further supplement his responses to Interrogatory Nos. 3 or 4. Further, Mr. Williams is not aware of any other source created at PNS that would provide further information than what was provided in his responses to Interrogatory Nos. 3 & 4. In short, neither PNS nor Mr. Williams has additional information relevant to Interrogatory Nos. 3 or 4. We expect that you will withdraw the pending Motion to Compel by November 2, 2007. Very truly yours,

Scott R. Mosko SRM/ijh

Case 5:07-cv-01389-RS

Document 221-10

Filed 11/07/2007

Page 4 of 5

Stanford Research Park n 700 Hansen Way s Palo Alto, CA 94304-1016 · 650.849.6600 · Fax [phone] wwwfinnegan corn FINNEGAN HENDERSON FARABOW GARRETT & DUNN ER"'
--

FACSIMILE TRANSMITTAL
TO Name: Theresa A. Sutton Company: Orrick, Herrington & Sutcliffe LLP Fax Number: 650-614-7401 Subject: TheFaceBook v. ConnectU Date: October 31, 2007 Phone Number: 650-614-7400 Total Pages (including cover): 3 Confirmation Copy to Follow: No

FROM Name: Scott R. Mosko Phone Number: 650-849-6672 Verified by: Rjh Our File No.:

MESSAQF

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 221-10

Filed 11/07/2007

Page 5 of 5

TRANSACTION REPORT FOR: FINNEGiN HENDERSON SEND DATE START RECEIVER TX TIME 53" PAGES TYPE 3 FAX TX 650 849 6666

P.01

* * * * *

OCT31-2007 ED 11:50 AM *

NOTE OK

*

iii DP * 694

* * * * TOTAL : 53S PAGES: 3 * * K**************;c*** **************************************************

OCT-31 11:50 AM 165061474014

Stanford Research Park

700

Hansen Way a Palo Alto, CA 94304.1016 s 650.649,6600

i

Fax [phone] www.finnepn.com

FINNEGAN HLNDLRS F AR A eOW GARRETT ę DUN NE R ttt

FACSIMJLE TRANSMITI'AL

m
Name: Therct A. Sutton
Company: Onick, Heningtoii & Stucliffe LLP Fax Number 650-614-7401 Subject: TheFaceBook v. Connectli

Date: October 31. 2001 Phone Number: 650-614-7400 3 Total Pages (including cova): Confirmation Copy to Follow: No

FRflM Name: Scott R. Mosko Phone Number: 650-849-6672

Venflcd by Rj1 Our File No.:

M8SSA

If there is a problem vdth this transmiSsion, notify the tender at the number tbovc. This facsimile is inIeni1d only toy the Individual to whom It Is addressed and may contain in(ortnaton that is privileged, confidential, or ezempi from disclosure under applicable law. if you have received this facsimile In error, plelac notify the sender immediately by telcpboae (collect), end return the original message by first-class msil to the above address.