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

Filing 292

DECLARATION re #291 MOTION For Limited Relief From Stay and to Enjoin Individual Plaintiffs and Their Counsel by Facebook, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8 - Notice of Manual Filing, #9 Exhibit 9 - Notice of Manual Filing, #10 Exhibit 10 - Notice of Manual Filing, #11 Exhibit 11, #12 Exhibit 12 - Notice of Manual Filing, #13 Exhibit 13 - Notice of Manual Filing, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21 - Notice of Manual Filing)(Cooper, Monte)

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 MONTE M. F. COOPER IN SUPPORT OF FACEBOOK'S MOTION FOR LIMITED RELIEF FROM STAY AND TO ENJOIN INDIVIDUAL PLAINTIFFS AND THEIR COUNSEL

OHS West:260755156.1

I, Monte M.F. Cooper, declare as follows: 1. I am Of Counsel at the law firm of Orrick, Herrington & Sutcliffe, counsel for

Defendant Facebook, Inc. in this action. I make this declaration in support of Facebook's Motion For Limited Relief From Stay and to Enjoin Individual Plaintiffs and Their Counsel. 2. Attached hereto as Exhibit 1 is a true and correct copy of an October 15, 2009

letter from Monte Cooper to Sean O'Shea. 3. Attached hereto as Exhibit 2 is a true and correct copy of an October 23, 2009

letter from Monte Cooper to Sean O'Shea. 4. Attached hereto as Exhibit 3 is a true and correct copy of an October 27, 2009

letter from Monte Cooper to Sean O'Shea. 5. Attached hereto as Exhibit 4 is a true and correct copy of an October 21, 2009

letter from Michael Petrella to Monte Cooper. 6. Attached hereto as Exhibit 5 is a true and correct copy of an October 26, 2009

letter from Michael Petrella to Monte Cooper. 7. Attached hereto as Exhibit 6 is a true and correct copy of this Court's June 3,

2008 Memorandum and Order, Docket Number 204. 8. Attached hereto as Exhibit 7 is a true and correct copy of excerpts from the

unsealed hearing transcript for proceedings before this Court dated June 2, 2008. 9. Attached hereto as Exhibit 8 is a true and correct copy of a February 17, 2008

email from Cameron Winklevoss to Renee Bea. [Confidential Exhibit Filed Separately Under Seal]. 10. Attached hereto as Exhibit 9 is a true and correct copy of Quinn Emanual's

November 10, 2008 Statement of Claim and Responses to Counterclaim submitted in the

-1OHS West:260755156.1

American Arbitration Association action, Case No. 13 194 Y 995 08. [Confidential Exhibit Filed Separately Under Seal]. 11. Attached hereto as Exhibit 10 is a true and correct copy of a redacted copy of a

February 19, 2008 email from John Hornick to Cameron Winklevoss, Tyler Winklevoss, Divya Narendra, Howard Winklevoss and David Azar, attachment omitted. [Confidential Exhibit Filed Separately Under Seal]. 12. Attached hereto as Exhibit 11 is a true and correct copy of the Honorable Judge

Ware's June 25, 2008 Order Granting Plaintiff's Confidential Motion to Enforce the Settlement Agreement filed in the United States District Court for the Northern District of California San Jose Division, Case No. C 07-01389. 13. Attached hereto as Exhibit 12 is a true and correct copy of the Stipulation and

Order Governing the Exchange of Confidential Information submitted in the American Arbitration Association action, Case No. 13 194 Y 995 08, on April 17, 2009. [Confidential Exhibit Filed Separately Under Seal] 14. Attached hereto as Exhibit 13 is a true and correct copy of a December 16, 2008

letter from Adam Wolfson to Mark Weissman. [Confidential Exhibit Filed Separately Under Seal] 15. Attached hereto as Exhibit 14 is a true and correct copy of Respondent's

subpoena to Facebook issued from the American Arbitration Association action, Case No. 13 194 Y 995 08 on September 18, 2009. 16. Attached hereto as Exhibit 15 is a true and correct copy of Non-Party Facebook

Inc's Objections and Response to Respondents-Counterclaimants' Subpoena Duces Tecum dated September 18, 2009 submitted to the American Arbitration Association action, Case No. 13 194

-2OHS West:260755156.1

Y 995 08 on September 28, 2009. 17. Attached hereto as Exhibit 16 is a true and correct copy of a September 30, 2009

letter from Sean O'Shea to the American Arbitration Association Panel, attachments omitted. 18. Attached hereto as Exhibit 17 is a true and correct copy of a September 30, 2009

email from Rick Werder to Jonathan Weed of the American Arbitration Association Panel. 19. Attached hereto as Exhibit 18 is a true and correct copy of Respondent's

subpoena to Facebook issued from the American Arbitration Association action, Case No. 13 194 Y 995 08 on October 8, 2009. 20. Attached hereto as Exhibit 19 is a true and correct copy of an October 16, 2009

letter from Karen Thompson to the American Arbitration Association Panel. 21. Attached hereto as Exhibit 20 is a true and correct copy of an October 29, 2009

letter to Michael Petrella to Karen Thompson. 22. Attached hereto as Exhibit 21 is a true and correct copy of the Expert Report of

William F. Chandler submitted in the American Arbitration Association action, Case No. 13194 Y 995 08. [Confidential Exhibit Filed Separately Under Seal] I declare under penalty of perjury that the foregoing is true and correct. Executed this 3rd day of November 2009, at Menlo Park, California. /s/ Monte M. F. Cooper/s/ Monte M. F. Cooper

-3OHS West:260755156.1

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 3, 2009. Dated: November 3, 2009 Respectfully submitted, /s/ Monte M.F. Cooper /s/ Monte M.F. Cooper

OHS West:260755156.1