Jack Russo (Cal. Bar No. 96068)
Christopher Sargent (Cal. Bar No. 246285)

COMPUTERLAW GROUP LLP

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SAN

401 Florence Street
Palo Alto, CA 94301
(650) 327-9800 office
(650) 618—1863 fax

aaA‘rcfi fifil

APR

jrusso@computerlaw.com
csargent@computerlaw.com

MITY

i 5 2015

Attorneys for Third Parties

THEODORE KRAMER and
THOMAS SCARAMELLINO

SUPERIOR COURT 0F CALIFORNIA

COUNTY 0F SAN MATEO

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Six4Three, a Delaware limited

liability

Case No. CIV533328

company,
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Plaintiff;

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Assigned for all purposes to Hon. V.
Raymond Swope, Dep’t 23

v.

DECLARATION OF THEODORE KRAMER

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Facebook, Inc., a Delaware corporation;
Mark Zuckerberg, an individual;
Christopher Cox, an individual; Javier
Olivan, an individual; Samuel Lessin, an
individual; Michael Vernal, an individual;
Ilya Sukhar, an individual; and Does 1—50,

[Signature

7—7“r

inclusive,

-__

Declaration

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1766189

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Defendants.

_

C V533328

uecL

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By Fax]

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"Ill!"IIIIIHHIHHIHIIW _ U__H

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T.

Kramer Decl.

Case No. CIV533328

 ’J

I,

TheodoreK‘ramer, declare under penalty of perjury as follows.

My name is Theodore Kramer. I am over the age 0f 18 and have personal

1.

b.)

knowledge of the

make

facts set forth herein

and

I

could and would testify to them

if called to

do

so. I

these statements in «opposition to Facebook’s ex parte application 0f April 11, 2019.

Apart from

2.

my compelled disclosure

t\o

the Unifed

November 201 8 under threat of contempt and imprisonment

in

Kingdom Parliament

London, England,

I

in

l'ate

have never

“leaked” or otherwise disclosed or facilitated a “leak” or other disclosure of Facebook’s
\DOOQON

confidential 0r highly confidential information t0 any third party, including any media or

government
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entity.

Facebook’s repeated accusations before

3.

this

Court that

I

have leaked

its

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confidential and highly confidential files to media and government entities, and further thatI

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have done so on multiple occasions, has absolutely no basis

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involvement in any alleged leak has actually been placed before the Court nor has any been

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subjected to the requirements of due process, including any actual evidentiary hearing or any

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other form of cross-examination.

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personally,

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upon

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havilg counsei provide multiple written notices to Facebook which thev did notthg about.

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Though repeatedly

Facebook must know that

I

in

No

actual evidence of

threatening contempt against

strictly

me by the U,K.’s Parliament while I was

me

followed the demands that were

London

in late

my

November and only

made

AFTER

Pursuant to an Order 0f this Court, on December 19, 201 8, in the presence of

4.

firm and more than

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Facebook’s forensics

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all

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confidential or highly confidential files.

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simply

in fact.

materials and communications in

a half—dozen attorneys involved in this case,

I

destroyed

my possession that might reflect or contain Facebook’s
I

further certified such destruction that‘same day.

Because of the newsworthy nature of Facebook’s published crimes or frauds,

5.

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sometime

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approached

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supervisor, an

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With various staff at

in late

January 2019,

me to write

I

was

a story about

invited to

and

me and this

I

had lunch with an NBC reporter who had

case.

About a month

later, that

NBC reporter’s

NBC editor, contacted me regarding the same. In late February, I met in person

NBC regarding their story about me and the case.

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T.

Kramer Decl.

1
_

Case No. CIV533328

 During the month of March 2019,

6.

about published facts‘about Facebook and
other cases filed against

with

its

I

NBC

continued to interact regularly with

various crimes or frauds and including the Various

Facebook and pending

in multiple courts here

and abroad. At no time

NBC or otherwise, have I ever communicated any nor has NBC ever communicated to me

any Facebook confidential information nor did

During the

7.

entire time with

have any.

I

NBC,

I

never had any nor to

my knowledge

did

QON

anyone
00

at

643 have any 0f Facebook’s confidential or highly confidential files.

stripped of

ALL this information by the Court month ago.
me to transmit them to NBC

possible for

Beyond What I have

or to anyone, as

Thus,

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Kingdom

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on November

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there

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complying With the Parliamentary Orders Which were served on

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after notice

is

is

simply not

November 201 8 which

is all

as set forth in

2018 and 0n January 24, 2019, and

all

my

declarations filed with the Court

0f which remains true and correct today,

nothing more that has occurred and Facebook seems to simply want to punish

was

sent to

them

asserts.

already fully disclosed surrounding the events in the United

8.

17,

was and

Facebook ex part3 application

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in late

it

We were

to help

me

in

any

me

me

for

and yet they did nothing

respect.

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17

I

declare under penalty of perjury under the laws of the State of California that the

and correct and that this declaration was entered

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foregoing

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Francisco, California.

is

true

into

on April

12,

2019

in

San

7 fl...

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Theodore Kramer
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T.

Kramer Decl.

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Case No. CIV533328