TimesLines, Inc v. Facebook, Inc.

Filing 122

MEMORANDUM by Facebook, Inc. in support of motion in limine 121 to Exclude Evidence, Argument, and Testimony Regarding Facebook's Temporary Redirection of Plaintiff's Facebook Page (Attachments: # 1 Declaration of Brendan Hughes, # 2 Exhibit A, # 3 Exhibit B)(Willsey, Peter)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
TIMELINES, INC.
Plaintiff,
v.
FACEBOOK, INC.
Defendant.

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Civil Action No.: 11 CV 6867
HONORABLE JOHN W. DARRAH

DECLARATION OF BRENDAN J. HUGHES IN SUPPORT OF
DEFENDANT FACEBOOK, INC.’S MOTION IN LIMINE NO. 2: TO EXCLUDE
EVIDENCE, ARGUMENT, AND TESTIMONY REGARDING FACEBOOK, INC.’S
TEMPORARY REDIRECTION OF PLAINTIFF’S FACEBOOK PAGE
I, Brendan J. Hughes, declare:
1.

I am an associate with the law firm Cooley LLP, counsel for Defendant Facebook,

Inc. (“Facebook”) in connection with the above-titled action. I submit this declaration in support
of Facebook’s Motion in Limine No. 2:

To Exclude Evidence, Argument, or Testimony

Regarding Facebook, Inc.’s Temporary Redirection of Plaintiff’s Facebook Page (“Motion”). I
make this declaration upon personal knowledge and, if called and sworn as a witness, I could and
would testify as to the matters set forth herein.
2.

Attached hereto as Exhibit A is a true and correct copy of excerpts from the

deposition transcript of Samuel Lessin, dated September 2012 (Confidential).
3.

Attached hereto as Exhibit B is a true and correct copy of an excerpt from an

email string from Matt Brown regarding New Profile with Timeline Landing/Marketing Page,
dated September 21, 2011, bearing Bates Nos. FB-TL00002142, 2147-2148 (Highly
Confidential – Outside Counsel Only).

I declare under penalty of perjury that the foregoing statements are true and correct.
Executed in Washington, D.C. this 8th day of April, 2013.
/s/ Brendan J. Hughes
Brendan J. Hughes (pro hac vice)
COOLEY LLP
1299 Pennsylvania Avenue, NW
Suite 700
Washington, DC 20004-2400
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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CERTIFICATE OF SERVICE
The undersigned, an attorney, hereby certifies that he served the foregoing
DECLARATION OF BRENDAN J. HUGHES IN SUPPORT OF DEFENDANT
FACEBOOK, INC.’S MOTION IN LIMINE NO. 2: TO EXCLUDE EVIDENCE,
ARGUMENT, OR TESTIMONY REGARDING FACEBOOK, INC.’S TEMPORARY
REDIRECTION OF PLAINTIFF’S FACEBOOK PAGE by means of the Court’s CM/ECF
System, which causes a true and correct copy of the same to be served electronically on all
CM/ECF registered counsel of record, on April 8, 2013.

Dated: April 8, 2013

/s/ Brendan J. Hughes
Brendan J. Hughes (pro hac vice)
COOLEY LLP
1299 Pennsylvania Avenue, NW
Suite 700
Washington, DC 20004-2400
Phone: [phone]
Fax: [phone]
Email: [e-mail]

1114340 HN

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