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

Filing 596

Declaration of I. Neel Chatterjee in Support of 595 Memorandum in Opposition, filed byMark 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 Errata H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Related document(s) 595 ) (Chatterjee, I.) (Filed on 8/4/2008)

EXHIBIT K

Dalton, Amy
Subject: FW: Boston Proceedings

----- Original Message ----From: Hornick, John <[e-mail]> To: 'Michael Underhill' <[e-mail]>; Chatterjee, I. Neel; Sean O'Shea <[e-mail]> Cc: Evan Parke <[e-mail]>; Greer, Yvonne; Cooper, Monte; Sbauer; Dan Tighe <[e-mail]>; Robert Hawk; [e-mail] <[e-mail]>; Lincoln, Sean; Washington, Tamara <[e-mail]>; Jenkins, Tom <[e-mail]> Sent: Mon Aug 04 13:20:05 2008 Subject: RE: Boston Proceedings Dear Neel: The Winklevoss twins and Divya Narendra also do not assent to such a motion. John ________________________________ From: Michael Underhill [mailto:[e-mail]] Sent: Monday, August 04, 2008 4:16 PM To: Chatterjee, I. Neel; Sean O'Shea; Hornick, John Cc: Evan Parke; Greer, Yvonne; Cooper, Monte; [e-mail]; Dan Tighe; Robert Hawk; [e-mail]; Lincoln, Sean Subject: RE: Boston Proceedings ConnectU does not assent. I assume that John will respond for his clients.

Michael Underhill BOIES, SCHILLER & FLEXNER LLP 5301 Wisconsin Avenue, NW Washington, DC 20015 Tel [phone] Mobile [phone] Fax [phone] [e-mail] <mailto:[e-mail]> ________________________________ From: Chatterjee, I. Neel [mailto:[e-mail]] Sent: Sunday, August 03, 2008 9:25 PM To: Michael Underhill; Sean O'Shea; Hornick, John Cc: Evan Parke; Greer, Yvonne; Cooper, Monte; [e-mail]; Dan Tighe; Robert Hawk; [e-mail]; Lincoln, Sean Subject: Boston Proceedings Mike, John and/or Sean: Pursuant to the Massachusetts Local Rules, we are supposed to meet and confer with respect to motions before that Court. Under section 1(c) and 2(c) of the judgment entered by Judge Ware, the parties are to submit dismissals with prejudice of all parties to the cases in Boston tomorrow. Please let me know no later than noon California time tomorrow
1

as to whether ConnectU, the Winklevoss Brothers, and Divya Narendra will assent to our motion to dismiss the Boston cases with prejudice with all parties bearing their own attorney fees and costs. If we do not hear from you, we will assume you all oppose the motion. Neel "EMF <orrick.com>" made the following annotations. -----------------------------------------------------------------------------=========================================================== IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.

=========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS EMAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. For more information about Orrick, please visit http://www.orrick.com/ =========================================================== ==============================================================================

*

************************************************************************************

IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, unless we expressly state otherwise, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. ************************************************************************************ * The information contained in this electronic message is confidential information intended only for the use of the named recipient(s) and may contain information that, among other protections, is the subject of attorney-client privilege, attorney work product or exempt from disclosure under applicable law. If the reader of this electronic message is not the named recipient, or the employee or agent responsible to deliver it to the named recipient, you are hereby notified that any dissemination, distribution, copying or other use of this communication is strictly prohibited and no privilege is waived. If you have received this communication in error, please immediately notify the sender by replying to this electronic message and then deleting this electronic message from your computer. [v.1]

2

This e-mail message is intended only for individual(s) to whom it is addressed and may contain information that is privileged, confidential, proprietary, or otherwise exempt from disclosure under applicable law. If you believe you have received this message in error, please advise the sender by return e-mail and delete it from your mailbox. Thank you."

3