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

Filing 86

DECLARATION re #85 MOTION for Summary Judgment on Plaintiffs' Claims for Breach of Contract, Breach of the Covenant of Good Faith and Fair Dealing, and Promissory Estoppel by Thefacebook LLC, Facebook, Inc., Mark Zuckerberg. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5 - Notice of Manual Filing)(Chatterjee, I.)

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

Doc. 86

Case 1:07-cv-10593-DPW

Document 86

Filed 08/29/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS CONNECTU, INC., CAMERON WINKLEVOSS, TYLER WINKLEVOSS, AND DIVYA NARENDRA, Plaint iff, 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 ZUCKERBERG DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON PLAINTIFFS' CLAIMS FOR BREACH OF CONTRACT, BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING, AND PROMISSORY ESTOPPEL

Declaration of Monte Cooper ISO Defendants' Motion fro Summary Judgment
OHS West:260293230.1

Dockets.Justia.com

Case 1:07-cv-10593-DPW

Document 86

Filed 08/29/2007

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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 make this declaration in support of Defendants' Motion for Summary Judgment on Plaintiffs' Claims for Breach of Contract, Breach of the Covenant of Good Faith and Fair Dealing, and Promissory Estoppel. 2. Attached hereto as Exhibit 1 is a true a correct copy of excerpts from the

transcript of the July 25, 2007, Hearing on Defendants' Motions to Dismiss. 3. Attached hereto as Exhibit 2 is a true and correct copy of excerpts from the

August 9, 2005, Deposition of ConnectU pursuant to Fed.R.Civ.P. 30(b)(6) taken in ConnectU v. Zuckerberg et al., case no. 1:04-cv-11923. 4. Attached hereto as Exhibit 3 is a true and correct copy of the Amended Notice of

30(b)(6) Deposition of ConnectU, served in the ConnectU v. Zuckerberg et al., case no. 1:04-cv11923 action on July 27, 2005. 5. Attached hereto as Exhibit 4 is a true and correct copy of the Objections to

Amended Notice of 30(b)(6) Deposition served in the ConnectU v. Zuckerberg et al., case no. 1:04-cv-11923 action by ConnectU on August 3, 2005. 6. Attached hereto as Exhibit 5 is a true and correct copy of Plaintiff and

Counterclaim Defendant ConnectU LLC's Response to Defendant and Counterclaim Plaintiff TheFacebook, Inc.'s First Set of Interrogatories, Nos. 16 and 17, served in the ConnectU v. Zuckerberg et al., case no. 1:04-cv-11923 action on August 22, 2005. CONFIDENTIAL DOCUMENT FILED UNDER SEAL. I declare under penalty of perjury that the foregoing is true and correct. Executed this 29th day of August 2007, at Menlo Park, California. /s/ Monte M.F. Cooper /s/

Declaration of Monte Cooper ISO Defendants' Motion fro Summary Judgment
OHS West:260293230.1

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Case 1:07-cv-10593-DPW

Document 86

Filed 08/29/2007

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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 August 29, 2007. Dated: August 29, 2007. Respect fully submitted, /s/ I. Neel Chatterjee /s/ I. Neel Chatterjee

Declaration of Monte Cooper ISO Defendants' Motion fro Summary Judgment
OHS West:260293230.1

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