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

Filing 157

DECLARATION re #156 Assented to MOTION for Leave to File Reply Memorandum in Support of Facebook Defendants' Motion to Compel Response to Interrogatory No. 1 by Dustin Moskovitz, Andrew McCollum, Christopher Hughes, Thefacebook LLC, Facebook, Inc., Mark Zuckerberg. (Attachments: #1 Exhibit 18#2 Exhibit 19#3 Exhibit 20#4 Exhibit 21#5 Exhibit 22#6 Exhibit 23#7 Exhibit 24#8 Exhibit 25)(Cooper, Monte)

Case 1:07-cv-10593-DPW

Document 157

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS CONNECTU, INC., CAMERON WINKLEVOSS, TYLER WINKLEVOSS, AND DIVYA NARENDRA, Plaintiff, 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 MONTE M.F. COOPER IN SUPPORT OF THE FACEBOOK DEFENDANTS' MOTION TO COMPEL RESPONSE TO INTERROGATORY NO. 1

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I, Monte Cooper, declare as follows: 1. I am Of Counsel 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 am an active member in good standing of the Bar of the States of California and Colorado, and am admitted to appear pro hac vice before this Court. I make this declaration in support of the Reply Memorandum in Support of The Facebook Defendants' Motion to Compel Response to Interrogatory No. 1. I have personal knowledge of the facts stated herein and, if called as a witness, could and would competently testify thereto. 2. Attached hereto as Exhibit 18 is a true and correct copy of an e-mail message

from Adam Wolfson to Neel Chatterjee, dated November 15, 2007 and sent at 5:51 p.m. 3. Attached hereto as Exhibit 19 is a true and correct copy of an e-mail message

from Neel Chatterjee to Adam Wolfson, dated November 15, 2007 and sent at 6:10 p.m. 4. Attached hereto as Exhibit 20 is a true and correct copy of an e-mail from Adam

Wolfson to Neel Chatterjee, dated November 15, 2007 and sent at 6:41 p.m. 5. Attached hereto as Exhibit 21 is a true and correct copy of an e-mail message

from Neel Chatterjee to Adam Wolfson, dated November 15, 2007 and sent at 6:50 p.m. 6. Attached hereto as Exhibit 22 is a true and correct copy of an e-mail from Rick

Werder to Neel Chatterjee and Adam Wolfson, dated November 16, 2007 and sent at 11:24 a.m. 7. Attached hereto as Exhibit 23 is a true and correct copy of excerpts from the

deposition of Joseph Jackson taken on September 27, 2007 8. Attached hereto as Exhibit 24 is a true and correct copy of excerpts of the

30(b)(6) deposition of iMarc LLC taken on October 5, 2007. 9. Attached hereto as Exhibit 25 is a true and correct copy of excerpts from the

Evidentiary Hearing taken in front of Judge Collings in the case of ConnectU LLC v. Zuckerberg, et al., case no. 04-11923-DPW, heard on October 24, 2006. I declare under penalty of perjury that the foregoing is true and correct. Executed this 16th day of November 2007, at Menlo Park, California.

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/s/ Monte M.F. Cooper /s/ Monte M.F. Cooper

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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/ Monte M.F. Cooper /s/ Monte M.F. Cooper
OHS West:260339810.1 16069-2001 A3D/A3D