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

Filing 155

DECLARATION re #150 Declaration,,, re De-Designation of Exhibit 34 by Facebook, Inc.. (Attachments: #1 #2)(Sutton, Theresa)

Case 1:07-cv-10593-DPW

Document 155

Filed 11/16/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS CONNECTU, INC., CAMERON WINKLEVOSS, TYLER WINKLEVOSS, AND DIVYA NARENDRA, Plaintiffs, 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 RE DE-DESIGNATION OF EXHIBIT 34

OHS West:260339598.1

Case 1:07-cv-10593-DPW

Document 155

Filed 11/16/2007

Page 2 of 3

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 ("Reply Brief"). 2. On November 14, 2007, Facebook Defendants filed the Reply Brief and the

Declaration of Theresa A. Sutton in Support thereof. Attached as Exhibit 34 to my declaration was an email originally designated as confidential by Plaintiff ConnectU under the parties' Stipulated Protective Order. 3. Plaintiffs have agreed to de-designate Exhibit 34. Both Exhibit 34 and Plaintiffs'

email de-designating it are attached hereto. Exhibit 34 should no longer be sealed separate from the public record. I declare under penalty of perjury that the foregoing is true and correct. Executed this 16th day of November 2007, at Menlo Park, California. /s/ Theresa S. Sutton/s/ Theresa S. Sutton

-1OHS West:260339598.1

Case 1:07-cv-10593-DPW

Document 155

Filed 11/16/2007

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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 16, 2007. Dated: November 16, 2007 Respectfully submitted, /s/ Theresa A. Sutton /s/ Theresa A. Sutton

OHS West:260339598.1