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

Filing 327

Declaration of Yvonne Greer Submitting Supplemental Evidence In Support Of Plaintiffs' Motion for Partial Summary Judgment ( 251 ); and Motion to Compel Compliance by Pacific Northwest Software and Winston Williams ( 271 ) filed by Mark Zuckerberg, The Facebook, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B [Under Seal], # 3 Exhibit C [Under Seal], # 4 Exhibit D [Under Seal])(Greer, Yvonne) (Filed on 2/22/2008) Modified on 2/25/2008 (bw, COURT STAFF).

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

Doc. 32

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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] 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), CAMERON WINKLEVOSS, TYLER WINKLEVOSS, DIVYA NARENDRA, PACIFIC NORTHWEST SOFTWARE, INC., WINSTON WILLIAMS, WAYNE CHANG AND DOES 1-25, Defendants.

Case No. 5:07-CV-01389-RS DECLARATION OF YVONNE GREER SUBMITTING SUPPLEMENTAL EVIDENCE IN SUPPORT OF PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT [DOC. 251]AND MOTION TO COMPEL COMPLIANCE BY PACIFIC NORTHWEST SOFTWARE AND WINSTON WILLIAMS [DOC. 271] Date: Time: Judge: February 27, 2008 9:30 A.M. Hon. Richard Seeborg

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GREER DECL. ISO MSJ [DOC. 251] AND MOTION TO COMPEL [DOC. 271] 5:07-CV-01389-RS

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I, Yvonne P. Greer, 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 Plaintiffs' Motion For Partial Summary Judgment Re Defendants' Liability Pursuant To California Penal Code Section 502(C) And 15 U.S.C. § 7704(A)(1) And 15 U.S.C. § 7704(B)(1) [Doc. 251] ("MSJ") and Motion To Compel Compliance By Defendants Pacific Northwest Software And Winston Williams With Order Granting Motion To Compel Supplemental Interrogatory Responses [Doc. 271] ("Motion to Compel Co mpliance"). 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. Pacific Northwest Software ("PNS") purportedly sent supplemental documents in

response to Plaint iffs document requests on the day replies were due in support of Plaintiffs' MSJ and Motion To Compel Co mpliance. Attached hereto as Exhibit A is a true and correct copy of correspondence received fro m PNS with its supplemental production of documents, dated February 13, 2008. Plaintiffs did not receive PNS' supplemental document production unt il February 18, 2008, five days after briefing on the pending motions was completed. 3. The following documents were contained in PNS' supplemental production and

provide further support to Plaintiffs' MSJ and Motion To Compel. 4. Attached hereto as Exhibit B is a true and correct copy of a document bearing

production numbers PNS0600661-663. This document was produced by PNS to Plaintiffs in this action in response to a Rule 34 Request for Production of Documents. [CONFIDENTIAL DOCUMENT SUBMITTED SEPARATELY UNDER SEAL]. 5. Attached hereto as Exhibit C is a true and correct copy of a document bearing

production numbers PNS0598676-678. This document was produced by PNS to Plaintiffs in this action in response to a Rule 34 Request for Production of Documents. [CONFIDENTIAL DOCUMENT SUBMITTED SEPARATELY UNDER SEAL]. 6. Attached hereto as Exhibit D is a true and correct copy of a document bearing

production numbers PNS0602084-2086. This document was produced by PNS to Plaintiffs in
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GREER DECL. ISO MSJ [DOC. 251] AND MOTION TO COMPEL [DOC. 271] 5:07-CV-01389-RS

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this action in response to a Rule 34 Request for Production of Documents. [CONFIDENTIAL DOCUMENT SUBMITTED SEPARATELY UNDER SEAL]. I declare under penalty of perjury that the forgoing is true and correct to the best of my knowledge. Executed this 22nd of February, 2008, at Menlo Park, California.

/s/ Yvonne P. Greer /s/ Yvonne P. Greer

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GREER DECL. TO REPLY ISO MOTION TO COMPEL 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 22, 2008. Dated: February 22, 2008 Respect fully submitted, /s/ Yvonne P. Greer /s/ Yvonne P. Greer

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GREER DECL. ISO MSJ [DOC. 251] AND MOTION TO COMPEL [DOC. 271] 5:07-CV-01389-RS