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

Filing 377

DECLARATION re #376 Opposition to Motion, Originally filed as Dkt 367 by Facebook, Inc., Christopher Hughes, Andrew McCollum, Dustin Moskovitz, Eduardo Saverin, Thefacebook LLC, Mark Zuckerberg. (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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Chatterjee, I.)

Case 1:07-cv-10593-DPW Document 367-1

Filed 09/02/11 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
CONNECTU, INC., CAMERON
WINKLEVOSS, TYLER WINKLEVOSS,
AND DIVYA NARENDRA,

Civil Action No. 1:07-CV-10593-DPW

Plaintiff,
v.
FACEBOOK, INC., MARK ZUCKERBERG,
EDUARDO SAVERIN, DUSTIN
MOSKOVITZ, ANDREW MCCOLLUM, and
FACEBOOK, LLC,
Defendants.
CONNECTU LLC,

Civil Action No. 1:04-CV-11923 (DPW)

The CU Founders,
v.
MARK ZUCKERBERG, EDUARDO
SAVERIN, DUSTIN MOSKOVITZ, ANDREW
MCCOLLUM, CHRISTOPHER HUGHES, and
FACEBOOK, INC.,
Defendants.
MARK ZUCKERBERG, and FACEBOOK,
INC.,
Counterclaimants,
v.
CONNECTU LLC, Counterdefendant, and
CAMERON WINKLEVOSS, TYLER
WINKLEVOSS, and DIVYA NARENDRA,
Additional Counterdefendants.
DECLARATION OF MONTE M.F. COOPER IN SUPPORT OF FACEBOOK
DEFENDANTS’ CONSOLIDATED OPPOSITION TO PLAINTIFFS’ MOTION FOR
DISCOVERY AND MOTION TO PRESERVE INFORMATION

Case 1:07-cv-10593-DPW Document 367-1

Filed 09/02/11 Page 2 of 4

I, Monte M.F. Cooper, hereby declare as follows:
1.

I am an attorney with the law firm of Orrick, Herrington & Sutcliffe LLP, counsel

for Defendants Mark Zuckerberg, Dustin Moskovitz, Andrew McCollum, Christopher Hughes,
Eduardo Saverin, and TheFacebook, Inc. (collectively, the “Facebook Defendants”). I make this
Declaration in support of the Facebook Defendants' Consolidated Opposition to Plaintiffs’
Motion for Discovery and Motion to Preserve Information. I am an active member in good
standing of both the California and Colorado State Bars, and I am admitted to appear pro hac
vice before this court. I have personal knowledge of the facts stated therein and if called as a
witness, could and would competently testify thereto.
2.

Attached hereto as Exhibit 1 is a true and correct copy of Facebook’s production

document Bates numbered FBMA0006102 produced on August 25, 2007. [CONFIDENTIAL
DOCUMENT LODGED SEPARATELY UNDER SEAL]
3.

Attached hereto as Exhibit 2 is a true and correct copy of Facebook’s production

document Bates numbered FBMA0007150 produced on August 25, 2007. [CONFIDENTIAL
DOCUMENT LODGED SEPARATELY UNDER SEAL].
4.

Attached hereto as Exhibit 3 is a true and correct copy of Facebook’s production

document Bates numbered FBMA0007212-FBMA0007214 produced on August 25, 2007.
[CONFIDENTIAL DOCUMENT LODGED SEPARATELY UNDER SEAL]
5.

Attached hereto as Exhibit 4 is a true and correct copy of an email from Howard

Winklevoss dated February 6, 2008. [CONFIDENTIAL DOCUMENT LODGED
SEPARATELY UNDER SEAL]
6.

Attached hereto as Exhibit 5 is a true and correct copy of excerpts from the June

2, 2008 Hearing on the ConnectU Founder’s Emergency Motion.

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Case 1:07-cv-10593-DPW Document 367-1

7.

Filed 09/02/11 Page 3 of 4

Attached hereto as Exhibit 6 is a true and correct copy of this Court’s Notice of

Electronic Filing from June 11, 2008 indicating Mailed Memorandum and Opinion and
transcripts to the Honorable James Ware, San Jopse California.
8.

Attached hereto as Exhibit 7 is a true and correct copy of ConnectU, Inc.’s

Surreply in Opposition to Facebook, Inc. and Mark Zuckerberg’s Confidential Motion Enforce
Settlement Agreement filed on June 19, 2008. [CONFIDENTIAL DOCUMENT LODGED
SEPARATELY UNDER SEAL]
9.

Attached hereto as Exhibit 8 is a true and correct copy of this Court’s Order of

Dismissal filed on July 22, 2011.
10.

Attached hereto as Exhibit 9 is a true and correct copy of the Supreme Court of

the State of New York Order from Judge Lowe dated January 6, 2010.
11.

Attached hereto as Exhibit 10 is a true and correct copy of the District Court of

California Judgment Enforcing Settlement Agreement from Judge Ware date July 2, 2008.
12.

Attached hereto as Exhibit 11 is a true and correct copy of an email from Monte

Cooper dated February 4, 2008.
I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge. Executed this 2nd day of September 2011 at Menlo Park, California.

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

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Case 1:07-cv-10593-DPW Document 367-1

Filed 09/02/11 Page 4 of 4

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 September 2,
2011.
Dated: September 2, 2011

Respectfully submitted,
/s/ Monte M.F. Cooper /s/
Monte M.F. Cooper

OHS WEST:261322543.1

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