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Andrew Schwartz (State Bar No. 100210) Frank Sommers (State Bar No. 109012) SOMMERS & SCHWARTZ LLP 550 California Street The Sacramento Tower, Suite 700 San Francisco, CA 94104 Telephone: (415) 955-0925 Facsimile: (415) 955-0927 ffs@SommersSchwartz.com Attorneys for Defendant JOHN DOE

IN THE UNITED STATES DISTRICT COURT FOR THE NOTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

NORTHCLIFFE MEDIA LIMITED, a Private Limited Company of England and Wales, Plaintiff, vs. JOHN DOE, an unknown individual or entity, Defendant.

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Case No.: CV 12 3536 MEJ DECLARATION OF FRANK SOMMERS IN SUPPORT OF MOTION TO QUASH SUBPOENA SPECIAL APPEARANCE DATE: September 6, 2012 TIME: 10:00 a.m. DEPT.: B JUDGE: Magistrate-Judge Maria-Elena James Action Filed: July 6, 2012 Trial Date: None

I, Frank F Sommers, say: 1. I am an attorney at law licensed to practice before this Court and before all the

courts of the State of California, represent Defendant in this action, and have personal knowledge of the facts set forth below. 2. Last week I was contacted by an individual to represent Defendant in the above-

entitled action. I first learned of this case after seeing an article on the BBC web site. That article

Northcliffe v. Doe - Case # CV 12 3536 MEJ DECLARATION OF FRANK SOMMERS ISO MOTION TO QUASH SUBPOENA

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referenced a U.K. Blogger Guido Fawkes was covering the affair, and quoted Defendant Doe as saying that, absent the assistance of pro bono counsel in California, he would have to allow Twitter to divulge his identity. I emailed the blog, and offered my services if they could put me in touch with the anonymous author. Thereafter, Defendant Doe contacted me. After performing inquiries that caused me to believe that such individual was in fact the owner of the Twitter accounts that are the subject of the subpoena which the instant motion seeks to quash, I undertook, on behalf of Sommers & Schwartz LLP, to represent Defendant. 3. I secured a copy of the complaint and reviewed it. Because the complaint did not

specify the identity of the CEO referenced by Plaintiff Northcliffe, I searched the Internet for the company, and determined that the companys web-site lists Steve Auckland as the current CEO I also searched for references to the instant suit. Exhibits A, B and C are printouts from websites discussing the case posted after July 6, the filing date of the suit. Each exhibit discusses the case in terms of a spoof or lampoon. I have been unable to find any website that lists this controversy in terms of someone being deceived that any of the Twitter usernames listed in the subpoena are anything other than a satire on Mr. Auckland. a) Exhibit A, titled Northcliffe Accuses Spoof Twitter user of email hacking,

dateline July 30, 2012, comes from the website for the UK newspaper The Guardian, whose URL is http://www.guardian.co.uk. The locator URL for the Exhibit is http://www.guardian.co.uk/media/2012/jul/30/northcliffe-accuses-spoof-twitter-user-hacking. b) Exhibit B, titled Is this the end of satire? Grey Cardigans take on

Northcliffe spoof Twitter account Dispute dateline July 30, 2012, comes from the website for the Press Gazette, whose URL is www.www.pressgazette.co.uk The locator URL for Exhibit B is www.pressgazette.co.uk/greycardigan/2012/07/is-this-the-end-of-satire-grey-cardigans-take-onnorthcliffe-spoof-twitter-acount. c) Exhibit C, titled Northcliffe seeks punitive damages from spoof tweeter,

dateline July 30, 2012 comes from the website for the Press Gazette, whose URL is www.www.pressgazette.co.uk The locator URL for Exhibit C is www.pressgazette.co.uk/

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d)

Exhibit D, entitled Spoof newspaper executive tweeter accused of hacking,

dated line July 30, 2012, appears on the web page of the BBC, the British Broadcasting Corporation, whose URL is www.bbc.co.uk. The URL of Exhibit D is www.bbc.co.uk/news/technology-19045633. I declare under penalty of perjury under the laws of the United States that this declaration is true and correct, and that it was executed in San Francisco, California on July 31, 2012.

s/Frank Sommers ___________________________________ FRANK F. SOMMERS

Northcliffe v. Doe - Case # CV 12 3536 MEJ DECLARATION OF FRANK SOMMERS ISO MOTION TO QUASH SUBPOENA

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