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

Filing 305

Declaration of Theresa A. Sutton Pursuant to Civil Local Rule 79-5(D) in Support of Sealing Exhibit A to the Declaration of Scott R. Mosko in Support of Defendants' ConnectU LLC, Pacific Northwest Software, Inc., Winston Williams and Wayne Chang's Opposition to Plaintiffs Motion for Partial Judgment re 302 filed by Mark Zuckerberg, The Facebook, Inc. (Attachments: # 1 Proposed Order) (Related document(s) 302 ) (Sutton, Theresa) (Filed on 2/13/2008) Text modified on 2/14/2008 conforming to posted document caption (bw, COURT STAFF).

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

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SEAN A. LINCOLN (State Bar No. 136387) salinco [e-mail] 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] m 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), PACIFIC NORTHWEST SOFTWARE, INC., WINSTON WILLIAMS, WAYNE CHANG, and DAVID GUCWA, Defendants.

Case No. 5:07-CV-01389-RS DECLARATION OF THERESA A. SUTTON PURSUANT TO CIVIL LOCAL RULE 79-5(D) IN SUPPORT OF SEALING EXHIBIT A TO THE DECLARATION OF SCOTT R. MOSKO IN SUPPORT OF DEFENDANTS' CONNECTU LLC, PACIFIC NORTHWEST SOFTWARE, INC., WINSTON WILLIAMS, AND WAYNE CHANG'S OPPOSITION TO PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT Date: Time: Judge: February 27, 2008 9:30 A.M. Honorable Richard Seeborg

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

Dockets.Justia.com

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I, Theresa A. Sutton, 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 February 6, 2008, Defendants ConnectU, LLC, Pacific Northwest Software,

Inc., Winston Williams, and Wayne Chang, lodged several exhibits with the Court pending this Court's ruling on their Administrative Request to Seal documents (Doc. No. 302). 3. Defendants lodged as sealable Exhibit A to the Declaration of Scott R. Mosko in

Support of Defendants' ConnectU LLC, Pacific Northwest Software, Inc., Winston Williams, and Wayne Chang's Opposition to Plaint iffs' Motion for Partial Summary Judgment. This Exhibit A contains excerpts from the April 25, 2006 deposition of Mark Zuckerberg. It contains references to commercially sensitive and private personal information. This testimony has been marked Highly Confident ial pursuant to the Stipulated Protective Order entered by the Superior Court of California prior to Defendants' removal of this case. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Executed this 13th day of February, 2008, at Menlo Park, California.

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

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SUTTON 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 February 13, 2008. Dated: February 13, 2008 Respect fully submitted, /s/ Theresa A. Sutton /s/ Theresa A. Sutton

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