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

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS CONNECTU LLC Plaintiff . . . V. . . MARK ZUCKERBERG, et al . Defendants . ................ CIVIL ACTION NO. 04-11923-DPW

BOSTON, MASSACHUSETTS OCTOBER 24, 2006

TRANSCRIPT OF EVIDENTIARY HEARING BEFORE THE HONORABLE ROBERT B. COLLINGS UNITED STATES MAGISTRATE JUDGE APPEARANCES: For the Plaintiff: Daniel Tighe, Esquire Griesinger, Tighe & Maffei John F. Hornick, Esquire Margaret A. Esquenet, Esquire Meredith Schoenfeld, Esquire Finnegan, Henderson, Farabow, Garrett & Dunner, LLP 901 New York Avenue, N.W. Washington, DC 20001 [phone] For the Defendants: G. Hopkins Guy, III, Esquire I. Neel Chatterjee, Esquire Monte cooper, Esquire Orrick, Herrington & Sutcliffe LLP 1000 March Road Menlo Park, CA 94025 [phone]

Court Reporter: Proceedings recorded by digital sound recording, transcript produced by transcription service.

For the Defendants:

Jeremy P. Oczek, Esquire
MARYANN V. YOUNG Certified Court Transcriber 240 Chestnut Street Wrentham, Massachusetts 02093 [phone]

Case 1:07-cv-10593-DPW

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Steven Bauer, Esquire Proskauer Rose, LLP One International Place Boston, MA 02110 [phone]

MARYANN V. YOUNG Certified Court Transcriber 240 Chestnut Street Wrentham, Massachusetts 02093 [phone]

Case 1:07-cv-10593-DPW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A

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it's from my parents, $4,000 dated March 8, 2004, signed by my dad and it says Harvard website in the memo. the first check to cover the Animal 57 bill. Q And did you, I'm sorry, did you say the date of this So this was

check? A Q Yeah, March 8, 2004. Describe the circumstances that led to your father writing

this check? A I basically-MR. CHATTERJEE: MR. HORNICK: That calls for speculation.

I'm not asking what his father did.

I'm asking for the circumstances that led to his father writing the check. A I-THE COURT: He may answer. I mean, he

Yeah, my dad generally knew about the project.

knew that we were trying to develop a website and, yeah, I basically just asked him. launched. I was like, listen TheFaceBook just

We really don't have time to sort of fiddle around

with more sort of student programmers who might be iffy as far as their level of commitment to the project, and we need to get somebody outside of school to do it and this is what it's going to cost and this is kind of how much, you know, we should pay. And that was really it. Q There wasn't much deep discussion. On behalf of Harvard

Who dealt with Animal 57?

YOUNG TRANSCRIPTION SERVICES [phone]

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Connection.com who dealt with Animal 57? A We all sort of dealt with, with Animal 57 in varying

degrees. Q Was there a Harvard Connection Company of any kind when

you were dealing with Animal 57? A Q A 57? Q A Yes. We, we terminated our relationship with Animal 57 because No. What happened with Animal 57? Animal ­ you're referring to our relationship with Animal

they weren't able to deliver the website that we had asked for in the amount of time that we were, we were expecting. So, I

mean, they just didn't have the resources or the talent or whatever you want to call it to put together the type of website that we were hoping to have ready. Q A Q A When did you terminate your relationship with animal 57? It was probably in the March period of 2004. What happened next in terms of developing the website? Well, so we had to find another developer and that's, And then when we came to Imark,

that's how we came to Imark.

you know, we, we sort of had, you know, some idea of what, you know, what a web development company should not look like and what sort of resources they should have. And so, we, you know,

we found Imark to be a little bit more professional definitely, YOUNG TRANSCRIPTION SERVICES [phone]

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better equipped to do what we were asking for.

with them and, you know, again we had to start from square one because, you know, the code that we had up to that point for Harvard Connection was essentially useless. I mean it was

basically broken, you know, there were a lot of missing pieces, a lot of missing features. way. It definitely was not robust in any

So, you know, Imark actually even recommended that they So we gave them another

just start from scratch completely.

site outline, sort of a totally knew outline and, you know, had sort of renewed discussions about design and all of those things and effectively started from square one with them. Q I'd like to ask you to turn in your book to Tab 15. You

have before you what has been marked as Plaintiff's Exhibit 52. Do you see that? A Q A Q A Q I see that. Can you tell us what this document is? This is the second check that my dad wrote to Howard. Well, I think we may be on the wrong-Wait a minute. But let's stay there. Let's stay there. Since you are

there, let's stay there. A Q I'm sorry. So tell us what this ­ you're looking at Exhibit 51 which Tell us what this document is.

is Tab 14. A

Sorry, you know what, when you asked about 14 I was YOUNG TRANSCRIPTION SERVICES [phone]

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looking at, okay, I was looking at 14, okay, forget it. Q A Q A So we're looking at Tab 14 now, Exhibit 51. Okay. Can you tell us what that is? All right. So Exhibit 51 is a $6,000 check dated April 5,

2004 from my parents to Howard, signed by my dad and here the memo reads website expense. Q do? A Q Their initial sort of price was $30,000. And how was that going to be paid? How was that going to Now how much did Imark want to do what you asked them to

be split up between you? A We decided to split it up in thirds just like our initial

expense with Animal 57. Q A Q A Q A Q A Q A Q And did you get your money back from Animal 57? Yes, we did. And so you needed $6,000 more for Imark? That's right. All right. No. All right. How did you get it? Did you have that $6,000?

Again, I just asked my parents. And this check was the result of you asking your parents? That's right. With respect to the development of the Harvard Connection YOUNG TRANSCRIPTION SERVICES [phone]

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CERTIFICATION I, Maryann V. Young, court approved transcriber, certify that the foregoing is a correct transcript from the official digital sound recording of the proceedings in the above-entitled matter.

__________________________ Maryann V. Young__________

November

, 2006

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