Professional Documents
Culture Documents
Exhibit B
Exhibit C
SUBP-035
-onna M. Walsh, Esq. (PA SBN 74833) Myers, Brier&- Kelly, LLP 425 Spruce St., Ste. 200, Scranton, P.A 18502 342-6100 TELEPHON~ENO.: (570)3
E-MAIL ADDRESS: ATTORNEY FOR Mnna)JS
6NLY
FAXNO.:
Plaintiff SUNDANCE VACATIONS, INC. Court for county in which discovery is to be conducted: SAN MATEO SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO
STREET
ADDRE-s:
ADDRESS: MAILING
CITY. STATE, AND ZIP CODE:
BRANCH NAF_
46
Wilkes-Barre, PA 1. 870L
LISA__________
______
PLAINTIFF/PETITIONER: SUNDANCE VACATIONS, INC. DEFENDANT/RESPONDENT: ALBERT WvHTTEHEAD SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS IN ACTION PENDING OUTSIDE CALIFORNIA
OStslde Cabfutr*:
12-CV-8006
known); THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponrent if
CUSTODIAN OF RECORDS FOR FACEBOOK,,INC., 1601 Willow Rd.. Menlo Park, CA 94025.
1. YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described in Item 3, as follows:
To (name of deposition officer): Tony Klein, Notary Public On (date): November 26, 2012 Localtion (address): 1601 Willow Rd.. Menlo Park, CA.94025
a.
At (timne) 10:00 AM
Do not release the requested records to the deposition officer prior to the date arnd time stated above. a sealed inner by delivering a true, legible, and durable copy of the business records described in item 3, enclosed in it. The inner on written clearly subpoena of date and witness, of name wrapper with the title and number of the action, at the deposition-officer the to mailed and Sealed, wrapper, or envelope outer an in enclosed be wrapper shall then
address initem 1. officer at the by delivering a true, legible, and durable copy of the business records described, initem 3 to the deposition as determined b, ~ copy, the preparing of costs reasonable the of check by or cash witness's address, on receipt of payment in under Evidence Code section 1563(b). the by making the original business records described in item 3 available for inspection at your business address by c. normal during conditions reasonable under attorney's representative and permitting copying at your business address business hours. the issuance of the 2. The records are to be produced by the date and, time shown /n item I (but not sooner than 20 days after making them records, locating of costs Reasonable later). is date whichever deposition subpoena, or 15 days after service, The records must be 1563(b). section Code Evidence in h fort set as recoverable are any, if postage, and them, copying or available 1561. section Code Evidence to pursuant witness qualified other or custodian accompanied by an affidavit of the the form or forms in which 3. The records to be produced are described as follows (ifelectronically stored information is.demanded, specified): be may each type of information is to be produced
end name of party 4. Attorneys of record in this action or parties without attorneys are (name, address, telephone number,
repesnte):Matthew J. Carmody, Esq., Elliott Greenleaf & Dean, 39 Public Sq., Site 1000, Wilkes-Barre, =Z Continud Jnr chment 4 (use form MC-025). SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS IN ACTION PENDING OUTSIDE CALIFORNIA ew
aeIo of CM P=ocod., 66 2029 100-2029.900. 2020.410-2=2040; Gavrn,'ntn Code.613097.1
SUBP-035
LAINTIFFIPETrTIONER:
oef
dnoud Com
of consumer or employee records under Code of Civil 5. If you have been served with this subpoena as a custodian has been served on you, a court order or agreement of objection an or Procedure section 1985.6 and a motion to quash be obtained before you are required to produce the parties, witnesses, and consumyer or employee affected must consumer or employee records. subpoena, if any (specify): 6.F-- Other terms or provisions from out-of-state
DEFENDANTIIRESPONDENT:
ALBERT WTEHEAD
CONTEMPT BY THIS COURT. YU WILL ALSO BE LIABLE DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS OBEY. FROM YOUR FAILUR RESULTING FOR THE SUM OF $500 AND ALL DAMAGES
(HJ
LA
O PRINT NAME)
(SMION
OF P
ISSUING SUBFOENA)
PROOF OF SERVICE OF SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS Action-Pending Outside California by personally delivering a copy 1.I served this Subpoena for Production of Business Records in
~P
a. Person served (name): b. Address where served: d.Time of delivery: c. Date of delivery: e. Witness fees and mileage both ways (check one): $ (1)E were paid. Amount: ........... were not paid. (2) Government Code section 68097.2. The. were tendered to the witness'spublic entity employer as required by (3)
_______
________
$ ________
2. 1received this subpoena for service on (date): Employee and Objection (form SUSP-025) Proof of Service of Notice to Consumer or 3. =I I also served a completed above. In, described as served acoopy to the person
by personally delivering
4. Person serving: a. EZNot a registered California process server b. i]California sheriff or marshal Registered California process server c. process server Employee or independent contractor of a registered California d. section 22350(b) Code Exempt from registration under Business and Professions a. f. E]Registered professional photocopier Code section 22451 g. E]Exempt from registration under Business and Professions and number registration of county applicable, if and, h. Name, address, telephone number, of I declare under penalty of perjury under the laws of the State correct. and true Is California that the foregoing Date:
(SIGNATURE1 SUBP.O3S LRev. January i, 201 1]
2
.
(For California sheriff or marshal use only) I certify that the foregoing is true andoorrect. Date:
sGAuE
Page 2of 2
Attachment
N2 4039
12-CV-8006
AL .FRI VRTIHAD.
SUBPOENA TO PRODUCE DOCUMENTS OF THINGS FOR DISCOVEY PURSUANT TO RULL4022 Road; Menlo Park, CA 94025 T: Custodian of RecordsiFacebook, Inc.; 1601 Willow (Name of Person or Entity) Whithiin w C3y to produce the fe service of this subpoena, you are ordered by the court
following documents or things: as the-attached See Addendum attached hereto as Exhibit "A", as well on 8 b11i3 91@ 10:00 am (pacific Certificate of Compliance. The subpoena is returnable November 26, 2012 standard time). Menlo Park, CA 94025 Facebook Inc.; 1601 Willow Road; at (Address) or produce things requested by this subpoena, You may deliver or mail legible copies of the documents You party making this request at the address listed above. together with the certificate of compliance, to the of preparing the copies or producing the things sought. have the right to seek in advance the reasonable cost by this subpoena within twenty (20) days after If you fail to produce the documents or things required a court order compellingr you to comply with it its service, the party serving, this subpoena may seek person: This subpoena was issued at-the request of the following
BY THE, COQPRT:
By
.....
(Prothoiotmy)Myers,
(Probonomy)Identificaion
Number Brier & Kelly, LLP, 425 Spruce 5m~A Sntefll.~C~ft~l Ste~t. Address
DATE:
Seal of the Court
(570)
342-6100
P an~tiff udance Vacations, Inc.
Attorney for
06D)52669
EXHIBI "A" Custodlian of Records. Facebook DEFINITON is not limited to, any As used here, the term "document" includes, but produced writing, graphi'mte o other tangbl thng whternercorded, big not limited to,, by any. other.prces orwitnordcd by hand, including, electronic messages, metadata, letters, reports, other written communications, telegrams, memoranda, electronic records, electronic -files, correspondence, lab reorts, projections, work summries reords or itineraries, forecasts, analyses, graphs, statistical statements, papers, photographs, tape recordings, models, brochures, summaries of negotiations, notebooks, charts, plans, drawings, artwork, routing slips or the press releases, intra-office or inter-company communications, comlmenlts appearing on any like, promotional or advertising materials,nmarginal, packaging; pqrchase orders, contracts, document invoices, shipping papers, 1!.bls, of Mee .tings, minutes or records of printed publications., minutes or records of policy, lists of person attending conferences, agendas, expressions or statement of investigations, opinions-or meetings or conferences, reports and summaries sounds recordings, motion. reports of consultants, studies, evaluations, records, photographs, films, computer input pictures, models, sketches, video tapes, proofs, whether recorded on volatile or output, recordings on disk or tape, archive records, by magnetic or electronic or nonvolatile media, hard disksor -floppy disks, rin other or in hadcoy inipulse, &-ma-i mesages whether orfiot printed writing including draft and revisions. Inc.
1.
timestamps for activity on the originating internet protocol (IP) address(es) and Vacations",' Facebook page titled "Boycott Sundance (http:/wwfcboco/!a unace
1000532561
refer or relate to or Vacations/i 72805172735470) and any and all documents that to, for each of identify the administrator s) of this Page, including, but not limited applications, sbscriber' the foregoin individuals, all adm iistrator lists, acco5unt, records, a dministrator informatijon, user profiles, billing information, billing times and durations. records, access records, activity logs and records of session 2. log or Any and all documents that refer or relate to or contain
page, including, but not activity information for the "Bo.ycott Sundance Vacations" address(es) associated limited to, documents identifying the interneit prtcl.(lIP) and time stamps showing the with persons administering and/or postin g to the page date and time of all activity on the page. 3. Any and all documents that r efer or relate to or contain
the "'Boycott Suntdance subscriber information for the adnmistrator(s) of all such individuals, all account Vacations" page, including but not limited to, for informnation and page set information, user profiles, account creation records, login up records. 4. Any -andall documents that refer or relate to or contain
relating to John Flannagan subscriber and/or user information and/or profiles and/or JohnFOS881@(aol.com and/or Elaina Monteleone (htt://WW~aceookc~m# !elaina.monteleofle. {000532,56) 2
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
IATTORNEY ORPARTY-"XIhOT
ohnB. De s
Myer,
425.Spruce St..S
ATOR"1.J)
FOdOAFUMNp OTIAO
F FXN-
Court for couly inudtih discovery is to be conducted: SAN MATEO SUPERIOR COU~RT OF CAlIFORNIA %COUNTrYOF SAN MATEO STREET ADDRESS: 400 County Center
MAJUNO ADDRESSt. CrrYANOZiPCOOE: NAMe. BRANcH
Main Courthouse OF PA
Court In vAkih action Ispending: COURT OF COMMON PLEAS Name ofcourt: LUZERINE COUNTY, COMMONWEALTH STREET ADORESs: 200 North River Sti
UMtUNO ADDRrs&. cr3y-.STATE-"ANOJcOcE. COUNTRY: USA
Wilkes-Barre,.PA 18701
AFRICSENMR(KaBMUbYM
DEPOSITON SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND THINGS INACTION PENDING OUTSIDE CALIFORNIA
CA5EW.DAER(cpwdz
ouwdCadm)
12-CV-8006
odeponrent, If known): THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone numbero Person Most Knowledgeable/Corporate Designation at Facebook Inc. 1601 Willow Road, Menlo Park, CA 1. YOU ARE ORDERED TO APPEAR INPERSON TO TESTIFY'W OrFJssIithlis action at the following date, time, and place: Date: March]15, 2013 ime: 10:00 AM Address: Behrmke Reporting& Video Services ~160 Spear St., Ste. 300, San Francisco, CA 94105 a. As a deponent who is not a natural Person, you are ordered to designate one or more persons to testify on your behalf as to the matters Idescribed in item 4. (Code Civ. Proc.. 2025.230.) b. You are ordered to produce thedocuments, electronically stored. information, and things described In item 3. through the Instant visual display of testimony = C. This deposition will be recorded stenographically = videotape. and by = audiotape 2. The personal attendance of the custodian or other qualified witness and the production of the original records are required by this subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561, and 1562 will not be deemed sufficient compliance with this subpoena. 3. The documents, electronically stored Information, and things to beproduced and any testing or sampling being sought are described as follows ( (If elecfronically stored Information Is required, the form or forms in which each t4qi of information is to be produced may be specified): See Exhibit B to attached Pennsylvania Subpoena on Attachment 3 (use form, MC-025). 4. If the witness Isa representative of a business or other entity, the matters upon which the witnesv is to be examined are described as follows:
mContinued
Matthew J: Carmody, Esq., Elliott Greenleaf& Dean, 39 Public Sq., Ste. 1000, Wilkes-Barre, PA 18701
=
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Pw 1012
510. 202&=2
F-MfM~8q
PESOA APEAACEAN DCPSIIO SUPON FORd DEOIINSBON O ESNLAPAAC N PRODUCTION.OF DOCUMENTS, ELECTRONICALLY STORED
2m2520a.
2=2W.2 0
SUBP.04
PLAJNTIFPIPETITIQNER: SUNDANCE VACATIONS, INC. OEFENDANTilRESPONDENT: ALBERT WHI1TEHEAD 6.
CASE NUMBSER
[~Continued on Attachment 6 (use fonm MC1-025). 7. If you have been served with this subpoena as a custodian of consumer or employee records under Code of Cii Procedures section 1985.3 or 198.6 and a motio to quash or an objection has boon served on you, a court order or agreement of the parties, witnese s, and consumer or employee effected must be obtained before you are required to produce consumer or employee records.
8. At the deposition, you will be asked questions under oath, Questions and answers ate recorded stenographicalfly at the deposition; later fthy ate transcribed for possible use at trial. You may read the written record and change any incorrect answers before you sign the deposition. You ame entitled to receive witness fees and milage actually traveled both ways. The money must be paid, at the option of the party givng notice of the deposition, either with service of this subpoena or at the tim of the deposition. Unless the court orders or you agree otherwise, Jr you are being deposed as an Individual, the deposition must take place within 75 miles of section 2025. 250. on of the deposition for al deponents isgoverned by Code of Civil Procedure a r residne
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PERONA APERAC ANDesn evdadsrbdin1aoe SUBPOENAn aO DEPsonalN DOUMNSELCROICLYgTOE PRDCTO Oeso OUSIrvALFOrI ACTIONni AND THNG INitee pENDING
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NO
62
(Name(s) of Witness~es)) 1. You are ordered by the Court to come to Behinke Reporting &Video Services,
160 Spear Street, Suite 300, San Francisco, CA at
94105
20 1?atlO:0
PST o'clock,
____M.,
to testify on behalf of
Plaintiff.
If you fail to httend or to produce the documents or things required by this subpoena, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure, Including but not limited to costs, attorney fees and imprisonment. (Issued) Reqiuested by:
John B. Dempsey, Esquire (PA ID 88017) Myers, Brier & Kelly, LLP
425 Spruce Street. Suite 200, Scranton, PA 18503 (Attorney's name, address, telep~hone number and identification number) Phone: 57)342-6100 iax: (570) 342-6147 BY THE COURT, By Narne of Prothonotary)
Date:
Ii1,fu&aXL)9..Z-0 S
You must designate a witneasses) to testif to each of the following subject areas: (1)all actions undertaken by Facebook, Inc.-upori receipt of the October 23, 2012 Amended Order of the Court ofCommon Pleas of Luzene County inthe captioned matter, (2) number of visitors to the Boycott Sunidance Vacations page between October,23, 2012.and the present;(3) Facebooks Statements of Rights and Responsibilities, Pages Terms and Platform Policies. and application of these policies to Albert Whitehead's posts (_eStatement of Rights and Responsibilities, 3 (Safety), T 6, 7, 10; id. 4 (Registration and Account Security), Ti1 1,2; id S 5 (Protecting Other People's Rights); ii IS5 (Termination); = Facebook Pages Terms L.B (General); M~ Facebook Platform Policies, I (Features and Functionality), 1T1; . B
(Content Rights), & 1.); and (4) the administrators of the Boycott Sundance Vacations Facebook page.
"Document M shall mean all writings of whatever nature, including originals, drafts, facsimiles and copies thereof, whether typed, handwritten, printed, electronically recorded or stored or otherwise, including,,without limitation, correspondence, memoranda, notes, proposals, drafts, repots, financial reports, graphs, charts, tables, appraisals, valuations, estmates, opinions, photographs, journals, drawings, studies, tabulations, analyses, websites, internet postings, summnaries, bulletins, instructions, minutes, records, logs, videotapes, journals, lters, cards, statements, diaries, transcripts, manuals, messages, electronic or e-mail messages or communications and computer entries, postings and notations. Documents To He Produced You must produce at the time of your deposition the following- (1) any and all documnents, whether in paper or electronic form, referencing or related to actions undertaken by -sFacebook, Inc. upon receipt of the October 23, 2012 Amended Order of the Court of Common Pleas of Luzeme County; (2) documents reflecting the number of visitors to the Boycott Sundance Vacations page between October 23, 2012 and the present; and (3)copies of Facebook's Statements of Rights and Responsibilities, Pages Terms and Platform Policies, and appication of these policies to Albert Whitehead's posts (~M Statement of Rights and Responsibilities, 3 (Safety), 16, 7, 10; W,. 4 (Registration and Account Security), 1T 1,2; Ai. 5 (Protecting Other People's Rights); 14. 15 (Termination); se Facebook Pages Terms LB (General); W& Facebook Platorm Policies, I (Features and Functionallty), (Content Rights), & 1.). 1; 14. II.B