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

Filing 35

Declaration of I. Neel Chatterjee in Support of Facebook's Motion fro Expedicted Discovery re: Personal Jurisdiction 34 filed by The Facebook, Inc.. (Attachments: # 1 Exhibit A-C)(Related document(s) 34 ) (Chatterjee, I.) (Filed on 4/5/2007) Text modified on 4/6/2007 to conform to document caption post by counsel (bw, COURT STAFF).

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

Doc. 35

Case 5:07-cv-01389-RS

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G. HOPKINS GUY, III (State Bar No. 124811) I. NEEL CHATTERJEE (State Bar No. 173985) MONTE COOPER (State Bar No. 196746) THERESA A. SUTTON (State Bar No. 211857) ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: 650-614-7401 Attorneys for Plaintiff Facebook, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

FACEBOOK, INC., Plaint iff, v. CONNECTU LLC, PACIFIC NORTHWEST SOFTWARE and WINSTON WILLIAMS, Defendants.

Case No. 5:07-CV-01389-RS

DECLARATION OF I. NEEL CHATTERJEE IN SUPPORT OF FACEBOOK'S MOTION FOR EXPEDITED DISCOVERY RE PERSONAL JURISDICTION Date: Time: Dept.: Judge: May 16, 2007 9:30 A.M. 4 Honorable Richard Seeborg

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CHATTERJEE DECL. ISO MOT. FOR EXPEDITED DISCOVERY CASE NO. 5:07-CV-01389-RS

Dockets.Justia.com

Case 5:07-cv-01389-RS

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I, Neel Chatterjee, declare as follows: 1. I am an attorney with the law firm of Orrick, Herrington & Sutcliffe LLP,

counsel for Plaintiff The Facebook, Inc. I make this Declaration in support of Facebook's Motion for Expedited Discovery re Personal Jurisdiction. I am an active member in good standing of the California State Bar. I have personal knowledge of the facts stated herein and if called as a witness, could and would competently testify thereto. 2. Facebook, Inc., headquartered in Palo Alto, California, developed and

operates one of the most popular online "social networks" on the Internet, www.facebook.com, in which college students and alumni interact with one another based upon existing friendships, collegiate allegiances, and common interests. See http://www.facebook.com. 3. ConnectU LLC, now a defunct Delaware Limited Liability Company,

operates a largely unsuccessful competing website called www.connectu.com. In December 2004, and at all times thereafter, Facebook was in Palo Alto. ConnectU was aware of this fact and alleged as much in a related case in the District of Massachusetts. 4. After a half-year of discovery in both the California action and a parallel

lawsuit filed by ConnectU against Facebook in the District of Massachusetts, Facebook learned sufficient facts to determine what roles PNS and Williams had played in the spamming of its website users. 5. Attached hereto as Exhibit A is a true and correct copy of relevant excerpts

of the January 16, 2006 deposition of ConnectU LLC. [FILED UNDER SEAL.] 6. Attached hereto as Exhibit B is a true and correct copy of relevant excerpts

of the August 9, 2005 deposition of ConnectU LLC. /// /// /// /// /// ///
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CHATTERJEE DECL. ISO MOT. FOR EXPEDITED DISCOVERY CASE NO. 5:07-CV-01389-RS

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7.

Attached hereto as Exhibit C is a true and correct copy of relevant excerpts

of the January 29, 2007 deposition of Pacific Northwest Software. I declare under penalty of perjury that the foregoing is true and correct. Executed this 5th day of April, 2007, at Menlo Park, California.

/s/ I. Neel Chatterjee/s/ I. Neel Chatterjee

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CHATTERJEE DECL. ISO MOT. FOR EXPEDITED DISCOVERY CASE NO. 5:07-CV-01389-RS