Exhibit A

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

OR PARTYVATHOUT ATORNEY f~ne State a nun,I'~ andadres) ATTORNEY

FOR COURT USE

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:

400 County Center

RdodCtC

ADDRESS: MAILING
CITY. STATE, AND ZIP CODE:

BRANCH NAF_

Main Courthouse No. River Rd.

46

Court in which action is pending: COURT OF COMMON PLEAS

STREET ADDRESS: MAILING ADDRESS: CITY, STATE, AND ZIP CODE:
COUNTRY;

Namne of Court: LUZERNE COUNTY, COMMONWEALTH OF PA

200

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

CALIFORNIA CASE NUMBER (if my~.asInd byceut):

CASE NUMBER (of acdo Pencl~g

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

Sec attachment to PA Subpoena,. Attachment 3

end name of party 4. Attorneys of record in this action or parties without attorneys are (name, address, telephone number,

[X] continued on Attachment 3 (use form MC-025).

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

FernnAdoped to,' Mandatory Use J~dcfida Council Of Cotdondat (Reo.January1.20121 SUDP-035

SUBP-035

LAINTIFFIPETrTIONER:

SUNDANCE VACATIONS, INC.CAENMR

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

See attached PA Subpoena

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

E]Continued on Attachment 6 (use form MC-025).

(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

to the person served as follows:

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)
_______

amount tendered was (specify): f. Fee for service:... .................

________

$ ________

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

SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS IN ACTION PENDING OUTSIDE CALIFORNIA

Attachment

Commonwealth of Pennsylvania County of Luzerne

IMANCE _MACATIONS TNC SI
vs.

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
.....

Attorney's Nam 74833

_ __ __ ___.._ _

(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.

identify the Any and all documents that refer or relate to or

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)

Es80A17) Brier &I'l I t~LY

ATTORNEY(AN,. Shoa. rnmbandatot

FOdOAFUMNp OTIAO

T0EPON E-MI ADOREWS

~ 7 oO, Scranton. PA 18502 NO.:'(570) 342.m6 100

F FXN-

Plainiff SUNDANCE VACATIONS, INC.

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

Redwood City, CA 94063

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

SUNDANCE VACATIONS, INC. DEFENDANTRESPONDENT: ABR HTHA

PLAINTIFFPE 1ThONER:

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

See Exhibit A to attached Pennsylvania Subpoena

Continued on Attachment 4 (use form MC-025). = 5. Attorneys for the parties to this action or parties without attorneys are (name, address, telephone number and name of party represented):

Matthew J: Carmody, Esq., Elliott Greenleaf& Dean, 39 Public Sq., Ste. 1000, Wilkes-Barre, PA 18701
=
Jnfd SUP45

Continued on Attachment 5r(use form, M"-25).

-on m. wwdo~ mw"e
.4iy . 20121

Pw 1012
510. 202&=2

F-MfM~8q

INFORMATION, AND THINGS INACTION PENDING OUTSIDE CALIFORNIA

PESOA APEAACEAN DCPSIIO SUPON FORd DEOIINSBON O ESNLAPAAC N PRODUCTION.OF DOCUMENTS, ELECTRONICALLY STORED

2m2520a.

2=2W.2 0

2023250 c-to a.45i7 ffc'

SUBP.04
PLAJNTIFPIPETITIQNER: SUNDANCE VACATIONS, INC. OEFENDANTilRESPONDENT: ALBERT WHI1TEHEAD 6.
CASE NUMBSER

oilher terms or provislons from out-of-state subpoena, if any (spechy):

[~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

FOR ~PSTOSBPOENA BEPNSERSONTEMAPEARABC ELECTROANICALLY STORGED IR TIN 1. Ises ti

ANDS COROUCTNAO DOBENTSBL WT OE ANDM THINGS w

eoiinSbon o esnlperneadPodc~no ouetEetoial alfrna ypesnalydliein acpyt te eso ere asl l Thng utid n cio Pnin

trdIfrain

(2)

ween ft

ad

Ate) a erviceson n 2. 1srved this supoeina fubor

ac:n

routo fDcunns lcroial trd

nbm

person served as TigInAtoPednOusdCaionabypersonally delivering a copy to the dfsriedlnowasve e) a.Person servng: c. Addresered Caiervipes:ere aieof proessierver reitrd. of dnepednictrctryof: d.. Datempe unde k ousne)adPoeso:Coescin230b xept froadmiregst aio e. Wt onyofrgsrto n ub $i edressa,elepon number, an .. plcbe f1) Na I the welrenyoderur uteo tlas 3 nere tre wand cosec.) amh orent Californ thssupeaaotsrieen(dt)
3.= as srvda omltd

Sins'ulcettempoe $

Thy o mashaio u807e (Foequre Caliornserif Core readcret etf httefrgigi

2D1ate:

by aNO.AIN

PERONA APERAC ANDesn evdadsrbdin1aoe SUBPOENAn aO DEPsonalN DOUMNSELCROICLYgTOE PRDCTO Oeso OUSIrvALFOrI ACTIONni AND THNG INitee pENDING

roo

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oiet

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(LoNTnUBP

Commonwealth of Pennsylvania County of Luzerne

Sumdance Vacations, Inc. VS. Albert Whitehead

NO

62

SUBPOENA TO ATTEND AND TESTIFY

Corporate Designate ToFacebook, Inc.

(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

tSpecify Courtroom or other place

___________,

Pennsylvania, onMarch 15.

PST o'clock,

____M.,

to testify on behalf of

Plaintiff.

inthe above case, and to remain until excused.

2. And bring with you the following:
__________________

See Exhibits "A" and "B" attached hereto.

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

Seal of the Court

p-5

EXHIBIT "A" CORPORATE DESIGNATE FACEBOOK9 INC. Arma of Tatimon

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.

CORPORATE DESIGNATE FACBK110, INC.'

"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