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

Filing 245

Declaration of Theresa A. Sutton in Support of Plaintiffs' Response to Finnegan's Motion to Withdraw as Counsel for Winston Williams 244 filed by Mark Zuckerberg, The Facebook, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, L-1 and M-1 Notice of Manual Filing, # 12 Exhibit L-2, # 13 Exhibit M-2, # 14 Exhibit N)(Related document(s) 244 ) (Sutton, Theresa) (Filed on 1/2/2008) Text modified on 1/3/2008 (bw, COURT STAFF).

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

Doc. 24

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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 THE FACEBOOK, INC. and MARK ZUCKERBERG UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

THE FACEBOOK, INC. and MARK ZUCKERBERG, Plaint iffs, v. CONNECTU, INC. (formerly known as CONNECTU, LLC), PACIFIC NORTHWEST SOFTWARE, INC., WINSTON WILLIAMS, WAYNE CHANG, and DAVID GUCWA, Defendants.

Case No. 5:07-CV-01389-RS DECLARATION OF THERESA A. SUTTON IN SUPPORT OF PLAINTIFFS' RESPONSE TO FINNEGAN'S MOTION TO WITHDRAW AS COUNSEL FOR WINSTON WILLIAMS Date: January 23, 2008 Time: 9:30 A.M. Judge: Honorable Richard Seeborg

OHS West:260361698.1

SUTTON DECL. ISO PLAINTIFFS' RESP. TO MOT. TO WITHDRAW AS COUNSEL FOR WILLIAMS 5:07-CV-01389-RS

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I, Theresa A. Sutton, declare as follows: 1. I am an associate at the law firm of Orrick, Herrington & Sutcliffe, counsel for

Plaintiffs Facebook, Inc. and Mark Zuckerberg in this action, and a member of the Bar of the state of California. I make this declaration in support of Plaint iffs' Response to Finnegan's Motion to Withdraw as Counsel for Defendant Winston Williams. I make this declaration of my own personal knowledge and, if called as a witness, I could and would testify competently to the truth of the matters set forth herein. 2. Attached hereto as Exhibit A is a true and correct copy of Facebook's First Set of

Interrogatories related to jurisdiction dated May 24, 2007. 3. Attached hereto as Exhibit B is a true and correct copy of Facebook's First Set of

Interrogatories served on November 7, 2007, to Winston Williams, PNS, Wayne Chang, and Pacific Northwest Software. This set of interrogatories seeks identification of the user accounts and passwords used by the defendants to access the Facebook website, as well as the number of emails sent to invite Facebook users to join ConnectU. 4. On December 5, 2007, a month after Williams purportedly disappeared,

Scott Mosko, Finnegan, Henderson, Farabow, Garrett & Dunner, requested a 30-day extension of time for all defendants to respond to this set of interrogatories. Attached hereto as Exhibit C is a true and correct copy of this December 5, 2007, email. 5. Plaint iffs offered to condition the month-long extension on Defendants' promise to

provide full and complete responses. Attached hereto as Exhibit D is a true and correct copy of this December 6, 2007, email. 6. On December 10, 2007, 35 days after Williams' alleged disappearance, Finnegan

served on behalf of all Defendants, including Williams, responses to this set of interrogatories. Attached hereto as Exhibit E is a true and correct copy of Williams' response to the November 7, 2007 interrogatories. All defendants served substantively identical responses. 7. On November 21, 2007, Plaintiffs served a set of Requests for Production of

Documents on each of Williams and PNS. Attached hereto as Exhibit F is a true and correct copy of Plaint iffs' First Set of Requests for Production of Documents.
OHS West:260361698.1 SUTTON DECL. ISO PLAINTIFFS' RESP. TO MOT. TO WITHDRAW AS COUNSEL FOR WILLIAMS 5:07-CV-01389-RS

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

8.

Attached hereto as Exhibit G is a true and correct copy of Williams' December

26, 2007, Responses to Plaintiffs' First Set of Requests for Production of Documents. 9. On December 14, 2007, Mr. Mosko notified Plaintiffs for the first time of

Finnegan's inabilit y to communicate with Williams. Attached hereto as Exhibit H is a true and correct copy o f Mr. Mosko's letter to me on this subject. 10. Attached hereto as Exhibit I is a true and correct copy of Pacific Northwest

Software's responses to Facebook's jurisdictional interrogatories. 11. Attached hereto as Exhibit J is a true and correct copy of documents produced by

Defendant David Gucwa. 12. Attached hereto as Exhibit K is a true and correct copy of documents produced by

Defendant Pacific Northwest Software. [CONFIDENTIAL DOCUMENT SUBMITTED SEPARATELY UNDER SEAL] 13. Attached hereto as Exhibit L-1 is a true and correct copy of relevant excerpts of

ConnectU's January 16, 2006, 30(b)(6) deposition. [CONFIDENTIAL DOCUMENT SUBMITTED SEPARATELY UNDER SEAL] 14. Attached hereto as Exhibit L-2 is a true and correct copy of page 109 of

ConnectU's January 16, 2006, 30(b)(6) deposition. This page has been de-designated by Finnegan. Plaintiffs include this page also as part of Exhibit L-1 for the Court's convenience in reviewing the file. 15. Attached hereto as Exhibit M-1 is a true and correct copy of relevant excerpts of

Pacific Northwest Software's January 29, 2007, 30(b)(6) deposition. [CONFIDENTIAL DOCUMENT SUBMITTED SEPARATELY UNDER SEAL] 16. Attached hereto as Exhibit M-2 is a true and correct copy of pages 61-62, and 89

of Pacific Northwest Software's January 29, 2007, 30(b)(6) deposition. These pages have been de-designated by Finnegan. Plaintiffs include these pages also as part of Exhibit M-1 for the Court's convenience in reviewing the file. 17. Attached hereto as Exhibit N is a true and correct copy of ConnectU's April 3,

2006, Amended Response to Form Interrogatories.
OHS West:260361698.1

-2-

SUTTON DECL. ISO PLAINTIFFS' RESP. TO MOT. TO WITHDRAW AS COUNSEL FOR WILLIAMS 5:07-CV-01389-RS

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Executed this 2nd day of January 2008 at Menlo Park, California.

/s/ Theresa A. Sutton /s/ Theresa A. Sutton

OHS West:260361698.1

-3-

SUTTON DECL. ISO PLAINTIFFS' RESP. TO MOT. TO WITHDRAW AS COUNSEL FOR WILLIAMS 5:07-CV-01389-RS

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
OHS West:260361698.1

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 January 2, 2008. Dated: January 2, 2008 Respect fully submitted, /s/ Theresa A. Sutton /s/ Name of Attorney

SUTTON DECL. ISO PLAINTIFFS' RESP. TO MOT. TO WITHDRAW AS COUNSEL FOR WILLIAMS 5:07-CV-01389-RS