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)

RE: Facebook/ConnectU Reply Brief Exhibit Case 1:07-cv-10593-DPW Document 155-2

Filed 11/16/2007

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Sutton, Theresa A.
From: Sent: To: Cc: Adam Wolfson [[e-mail]] Thursday, November 15, 2007 10:44 AM Sutton, Theresa A. Dalton, Amy; Cooper, Monte; Rick Werder

Subject: RE: Facebook/ConnectU Reply Brief Exhibit Theresa, We were unable to give you a response on this document prior to your filing because of other firm commitments and because of the extreme short notice of your request. We note that you provided us less than 24 hours notice with your first email on the subject (which was, unfortunately, held up by our mail server), and sent your second email at 1:27 AM EST. Obviously, as my email below indicates, I viewed it upon waking. Your unilateral filing timeline created this situation, not our dalliance. That said, we agree to de-designate this email conversation's confidentiality. We reserve the right, however, to retain the confidentiality of documents that may touch upon similar subjects and request, in the future, that you give appropriate and reasonable notice of confidentiality disputes, which is in line with the spirit of the Protective Order and its dispute provisions. Sincerely, Adam

From: Sutton, Theresa A. [mailto:[e-mail]] Sent: Thursday, November 15, 2007 1:22 PM To: Adam Wolfson Cc: Dalton, Amy; Cooper, Monte; Rick Werder Subject: RE: Facebook/ConnectU Reply Brief Exhibit AdamI am writing to follow up on your email below, in which you agreed to get back to me yesterday regarding dedesignating the email numbered C003865-69, which Facebook Defendants filed as an exhibit to their Reply Brief. As you are aware, the Court recently issued an Order to Show Cause regarding the propriety of filing exhibits under seal. In light of the Court's apparent concern about this issue, we ask that you de-designate this document. It might also help you to know that the information contained in this email was discussed in ConnectU's 30(b)(6) deposition in August 2005, and that deposition was not marked confidential. For these reasons, please let me know if you will agree to de-designate the exhibit so that we can inform the Court. Otherwise, please let us know the basis for asserting that this document is confidential. See Protective Order, paragraphs 10 and 11. Thank you, Adam. Theresa ___________________________________

O
ORRICK Theresa A. Sutton

11/16/2007

RE: Facebook/ConnectU Reply Brief Exhibit Case 1:07-cv-10593-DPW Document 155-2
Orrick, Herrington & Sutcliffe LLP Silicon Valley Office 1000 Marsh Road, Menlo Park, CA 94025 650.614.7307 (Voice) 650.614.7401 (Fax) [e-mail] www.orrick.com

Filed 11/16/2007

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From: Adam Wolfson [mailto:[e-mail]] Sent: Wednesday, November 14, 2007 4:00 AM To: Sutton, Theresa A.; Rick Werder Cc: Dalton, Amy Subject: RE: Facebook/ConnectU Reply Brief Exhibit

I will take a look at this today and get back to you. -----Original Message----From: Sutton, Theresa A. [mailto:[e-mail]] Sent: Tue 11/13/2007 10:26 PM To: Rick Werder; Adam Wolfson Cc: Dalton, Amy Subject: FW: Facebook/ConnectU Reply Brief Exhibit Rick and AdamI sent the email below to you, but it looks like the attachment may be keeping it from being delivered. The bates number on the email is C003865-69. Please let me know if Plaintiffs will agree to de-designate this email. Theresa ___________________________________ O ORRICK Theresa A. Sutton Orrick, Herrington & Sutcliffe LLP Silicon Valley Office 1000 Marsh Road, Menlo Park, CA 94025 650.614.7307 (Voice) 650.614.7401 (Fax) [e-mail] www.orrick.com -----Original Message----From: Sutton, Theresa A. Sent: Tuesday, November 13, 2007 5:40 PM To: Rick Werder; Adam Wolfson Subject: Facebook/ConnectU Reply Brief Exhibit

11/16/2007

RE: Facebook/ConnectU Reply Brief Exhibit Case 1:07-cv-10593-DPW Document 155-2
Rick and AdamI've attached an email produced by ConnectU, which we intend to attach to Facebook's reply brief tomorrow. It is marked confidential, but does not appear to contain information contemplated by the Protective Order entered in this action. Will you agree to de-designate it? Thank you. Theresa ___________________________________ O ORRICK Theresa A. Sutton Orrick, Herrington & Sutcliffe LLP Silicon Valley Office 1000 Marsh Road, Menlo Park, CA 94025 650.614.7307 (Voice) 650.614.7401 (Fax) [e-mail] www.orrick.com

Filed 11/16/2007

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11/16/2007