Campbell et al v. Facebook Inc.

Filing 180

EXHIBITS re 179 Notice (Other),,, Exhibits to Joint Notice of Refiling of Documents Accompanying Class Certification Briefs and Evidentiary Objections filed byFacebook Inc.. (Attachments: # 1 Exhibit 26 (Unredacted), # 2 Exhibit 27 (Redacted), # 3 Exhibit 28 (Redacted), # 4 Exhibit 29 (Unredacted), # 5 Exhibit 30 (Redacted), # 6 Exhibit 31 (Redacted), # 7 Exhibit 32 (Redacted), # 8 Exhibit 33 (Unredacted), # 9 Exhibit 34 (Redacted), # 10 Exhibit 35 (Unredacted), # 11 Exhibit 36 (Unredacted), # 12 Exhibit 37 (Redacted), # 13 Exhibit 38 (Unredacted), # 14 Exhibit 39 (Unredacted), # 15 Exhibit 40 (Unredacted), # 16 Exhibit 41 (Unredacted), # 17 Exhibit 42 (Redacted), # 18 Exhibit 43 (Redacted), # 19 Exhibit 44 (Redacted), # 20 Exhibit 45 (Redacted), # 21 Exhibit 46 (Redacted), # 22 Exhibit 47 (Redacted), # 23 Exhibit 48 (Redacted), # 24 Exhibit 49 (Unredacted), # 25 Exhibit 50 (Unredacted))(Related document(s) 179 ) (Chorba, Christopher) (Filed on 3/28/2016)

EXHIBIT 11

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MATTHEW W. CAMPBELL and

)

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MICHAEL HURLEY, on behalf

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of themselves and all

)

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others similarly situated, )

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vs.

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Civil Action No.

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Plaintiffs,

4:13-cv-05996-PJH

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)

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FACEBOOK, INC.,

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Defendant.
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)

___________________________
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VIDEOTAPED DEPOSITION OF DR. CATHERINE TUCKER,

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called as a witness on behalf of the Plaintiffs,

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pursuant to the applicable provisions of

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the Federal Rules of Civil Procedure,

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before Jeanette N. Maracas, Registered

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Professional Reporter and Notary

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Public in and for the Commonwealth of

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Massachusetts, at the Offices of Analysis

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Group, 111 Huntington Avenue, Boston,

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Massachusetts, on Tuesday, January 26, 2016,

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commencing at 11:05 a.m.

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Job No. 2221467

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as it does to assets?

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but...

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A.

I assume it does,

So my testimony, as in this report, relates

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to the fundamentals affecting why I think

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that Mr. Torres's approach to valuation is

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not -- has flaws.

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Q.

I understand, but I probably wasn't clear.

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In a professional context, have you ever been

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retained to value an intangible asset?

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MR. CHORBA:
A.

Asked and answered.

So I have provided testimony relating to the

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valuation of IP, but I have not actually gone

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and valued it.

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Q.

And that's -- and have you done that -- have

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you done that in any context, academic,

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professional or otherwise, valued an

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intangible asset?

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A.

Actually gone out and built an Excel

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spreadsheet?

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not -- that's something that you would employ

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someone else to do.

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Q.

Understand.

No.

As I say, that would be

I'm not -- I understand.

I want

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to turn to Paragraph 94 on Page 41 in which

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you write about Mr. Torres's work and

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research and development costs specifically.
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included.

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them, then that would change his valuation.

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Q.

And if we were, indeed, to include

But is it your testimony that one should

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always include those R&D expenses in the way

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that you set out in your report?

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MR. CHORBA:

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Objection, misstates

her testimony.
A.

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So I am -- I think you are attributing to me
a slightly stronger opinion than I have

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because all I'm saying is that there is at

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least a question mark for me over Mr.

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Torres's claim that it is an accepted

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valuation practice to exclude research and

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development expenditures.

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Now, as you know, even before we get

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to this more detail-oriented point, there's a

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lot of issues I have with it before we get

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here, but it does seem to me that there is a

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question mark over whether or not research

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and development expenses should be included.

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Q.

Just to round this off, other than the

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textbook that you cite to in Footnote 103, do

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you have any other source for this statement

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or any personal expertise to support this

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statement?
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COMMONWEALTH OF MASSACHUSETTS)
SUFFOLK, SS. )

I, Jeanette Maracas, Registered
Professional Reporter and Notary Public in
and for the Commonwealth of Massachusetts, do
hereby certify that there came before me on
the 26th day of January, 2016, at 11:05 a.m.,
the person hereinbefore named, who was by me
duly sworn to testify to the truth and
nothing but the truth of his knowledge
touching and concerning the matters in
controversy in this cause; that he was
thereupon examined upon his oath, and his
examination reduced to typewriting under my
direction; and that the deposition is a true
record of the testimony given by the witness.
I further certify that I am neither
attorney or counsel for, nor related to or
employed by, any attorney or counsel employed
by the parties hereto or financially
interested in the action.
In witness whereof, I have hereunto
set my hand this 4th day of February, 2016.

<%signature%>
Notary Public
My commission expires 8/14/20

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