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

Filing 150

DECLARATION re #149 Assented to MOTION for Leave to File The Facebook Defendants' Memorandum In Reply to Plaintiffs' Opposition [Dkt 137] to Defendants' Motion to Compel Plaintiffs to Image and Search Their Memory Devices for Source Code, and To Comply wiAssented to MOTION for Leave to File The Facebook Defendants' Memorandum In Reply to Plaintiffs' Opposition [Dkt 137] to Defendants' Motion to Compel Plaintiffs to Image and Search Their Memory Devices for Source Code, and To Comply wi by Dustin Moskovitz, Andrew McCollum, Christopher Hughes, Thefacebook LLC, Facebook, Inc., Mark Zuckerberg. (Attachments: #1 Exhibit 26#2 Exhibit 27#3 Exhibit 28#4 Exhibit 29#5 Exhibit 30#6 Exhibit 31#7 Exhibit 32#8 Exhibit 33#9 Exhibit 34#10 Exhibit 35#11 Exhibit 36)(Sutton, Theresa) Additional attachment(s) added on 11/20/2007 (Nici, Richard).

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

Doc. 150

Case 1:07-cv-10593-DPW

Document 150

Filed 11/14/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS CONNECTU, INC., CAMERON WINKLEVOSS, TYLER WINKLEVOSS, AND DIVYA NARENDRA, Plaint iffs, v. FACEBOOK, INC., MARK ZUCKERBERG, EDUARDO SAVERIN, DUSTIN MOSKOVITZ, ANDREW MCCOLLUM, and FACEBOOK, LLC, Defendants.

Civil Action No. 1:07-CV-10593-DPW

DECLARATION OF THERESA A. SUTTON IN SUPPORT OF MEMORANDUM IN REPLY TO PLAINTIFFS' OPPOSITION TO THE FACEBOOK DEFENDANTS' MOTION TO COMPEL PLAINTIFFS TO IMAGE AND SEARCH THEIR MEMORY DEVICES FOR SOURCE CODE, AND TO COMPLY WITH REQUESTS FOR PRODUCTION NOS 1-2, 67-68, AND 117

Dockets.Justia.com

Case 1:07-cv-10593-DPW

Document 150

Filed 11/14/2007

Page 2 of 4

I, Theresa A. Sutton, declare as follows: 1. I am an associate at the law firm of Orrick, Herrington & Sutcliffe, counsel for

Defendants Facebook, Inc., Mark Zuckerberg, Dustin Moskovitz, Andrew McCollum, and TheFacebook, LLC in this action. I make this declaration in support of Defendants Reply to Plaintiffs' Opposition to the Facebook Defendants' Motion to Compel Plaintiffs to Image and Search Their Memory Devices for Source Code, and to Comply with Requests for Production Nos 1-2, 67-68, and 117. 2. Attached hereto as Exhibit 26 is a true and correct copy of excerpts from the

deposition of Maria Antonelli taken on October 4, 2006, in ConnectU v. Zuckerberg et al., Case No. 1:04-cv-11923. 3. Attached hereto as Exhibit 27 is a true and correct copy of excerpts from the

deposition of ConnectU, by Cameron Winklevoss, pursuant to Fed.R.Civ.P. 30(b)(6) taken on August 9, 2005, in ConnectU v. Zuckerberg et al., Case No. 1:04-cv-11923. 4. Attached hereto as Exhibit 28 is a true and correct copy of Plaintiff and

Counterclaim Defendant ConnectU LLC's Responses to Defendant and Counterclaim Plaintiff The Facebook, Inc.'s First Set of Interrogatories (Nos 1-17) dated August 22, 2005. 5. Attached hereto as Exhibit 29 is a true and correct copy of the Managing

Discovery of Electronic Information: A Pocket Guide for Judges, by Barbara J. Rothstein, Ronald J. Hedges, and Elizabeth C. Wiggins (Federal Judicial Center 2007). 6. Attached hereto as Exhibit 30 is a true and correct copy of (1) Microsoft Office

Online, Help and How ­ To, Delete Temporary Internet Files and Address History, http://office.microsoft.com/en-us/help/HA011906921033.aspx (last visited Nov. 13, 2007); (2) How Internet Explorer Cache Settings Affect Web Browsing,

-1-

Case 1:07-cv-10593-DPW

Document 150

Filed 11/14/2007

Page 3 of 4

http://support.microsoft.com/kb/263070/EN-US/ (last visited Nov. 13, 2007); and (3) Wikipedia, Temporary Internet Files, http://en.wikipedia.org/wiki/Temporary_Internet_Files (last visited Nov. 13, 2007). 7. Attached hereto as Exhibit 31 is a true and correct copy of excerpts from the

deposition of Winston Williams taken on June 19, 2007, in Facebook, Inc., et al. v. ConnectU Inc, et al., U.S.D.C., Northern District of California, Case No. 1:07-cv-01389. [CONFIDENTIAL DOCUMENT SUBMITTED UNDER SEAL] 8. Attached hereto as Exhibit 32 is a true and correct copy of an email fro m Marc

Pierrat to Fred LeBlanc and Nick Grant dated June 11, 2004, identified as iMarc0000798. 9. Attached hereto as Exhibit 33 is a true and correct copy of an email fro m Deva

Mishra to David Tufts dated July 6, 2004, ident ified as iMarc000659. 10. Attached hereto as Exhibit 34 is a true and correct copy of an email chain from

Cameron Winklevoss to Howard Winklevoss dated May 3, 2004, identified as C003865C003869. [CONFIDENTIAL DOCUMENT SUBMITTED UNDER SEAL] 11. Attached hereto as Exhibit 35 is a true and correct copy of excerpts fro m the

October 17, 2007 hearing transcript. 12. Attached hereto as Exhibit 36 is a true and correct copy of excerpts from the

deposition of iMarc LLC, by David Tufts, pursuant to Fed.R.Civ.P. 30(b)(6) taken on October 5, 2007, in Facebook, Inc., et al. v. ConnectU Inc, et al., U.S.D.C., Northern District of California, Case No. 1:07-cv-01389. I declare under penalty of perjury that the foregoing is true and correct. Executed this 14th day of November 2007, at Menlo Park, California. /s/ Theresa S. Sutton/s/ Theresa S. Sutton

-2-

Case 1:07-cv-10593-DPW

Document 150

Filed 11/14/2007

Page 4 of 4

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 November 14, 2007. Dated: November 14, 2007 Respect fully submitted, /s/ Theresa A. Sutton /s/ Theresa A. Sutton