Exhibit A

Exhibit B

Exhibit C

SUBP-035

ATTORNEY OR PARTYVATHOUT ATORNEY f~ne State a nun,I'~ andadres) FOR COURT USE 6NLY-onna M. Walsh, Esq. (PA SBN 74833)

Myers, Brier&- Kelly, LLP425 Spruce St., Ste. 200, Scranton, P.A 1 8502

TELEPHON~ENO.: (570)3 342-6100 FAX NO.:

E-MAIL ADDRESS:

ATTORNEY FOR Mnna)JS Plaintiff SUNDANCE VACATIONS, INC.

Court for county in which discovery is to be conducted: SAN MATEOSUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO

STREET ADDRE-s: 400 County CenterMAILING ADDRESS:

CITY. STATE, AND ZIP CODE: RdodCtC 46BRANCH NAF_ Main Courthouse

Court in which action is pending: COURT OF COMMON PLEASNamne of Court: LUZERNE COUNTY, COMMONWEALTH OF PA

STREET ADDRESS: 200 No. River Rd.MAILING ADDRESS:

CITY, STATE, AND ZIP CODE: Wilkes-Barre, PA 1. 870LCOUNTRY; LISA__________ ______

PLAINTIFF/PETITIONER: SUNDANCE VACATIONS, INC. CALIFORNIA CASE NUMBER (if my~ .asInd by ceut):

DEFENDANT/RESPONDENT: ALBERT WvHTTEHEADCASE NUMBER (of acdo Pencl~g OStslde Cabfutr*:

SUBPOENA FOR PRODUCTION OF BUSINESS RECORDSIN ACTION PENDING OUTSIDE CALIFORNIA 1 2-CV-8006

THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponrent if known);

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 PublicOn (date): November 26, 2012 At (timne) 10:00 AMLocaltion (address): 1601 Willow Rd.. Menlo Park, CA.94025

Do not release the requested records to the deposition officer prior to the date arnd time stated above.

a. by delivering a true, legible, and durable copy of the business records described in item 3, enclosed in a sealed inner

wrapper with the title and number of the action, name of witness, and date of subpoena clearly written on it. The inner

wrapper shall then be enclosed in an outer envelope or wrapper, Sealed, and mailed to the deposition-officer at the

address in item 1.b, ~ by delivering a true, legible, and durable copy of the business records described, in item 3 to the deposition officer at the

witness's address, on receipt of payment in cash or by check of the reasonable costs of preparing the copy, as determined

under Evidence Code section 1563(b).c. by making the original business records described in item 3 available for inspection at your business address by the

attorney's representative and permitting copying at your business address under reasonable conditions during normal

business hours.2. The records are to be produced by the date and, time shown /n item I (but not sooner than 20 days after the issuance of the

deposition subpoena, or 15 days after service, whichever date is later). Reasonable costs of locating records, making them

available or copying them, and postage, if any, are recoverable as set fort h in Evidence Code section 1563(b). The records must be

accompanied by an affidavit of the custodian or other qualified witness pursuant to Evidence Code section 1561.

3. The records to be produced are described as follows (if electronically stored information is. demanded, the form or forms in which

each type of information is to be produced may be specified):Sec attachment to PA Subpoena,. Attachment 3

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

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

repesnte):Matthew J. Carmody, Esq., Elliott Greenleaf & Dean, 39 Public Sq., Site 1000, Wilkes-Barre,

=Z Continud Jnr chment 4 (use form MC-025). - aeIo

Fernn Adoped to,' Mandatory Use SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS ew of CM P=ocod., 66 2029 100-2029.900.

J~dcfida Council Of Cotdondat 2020.410-2=2040;

SUDP-035 (Reo. January 1. 20121 IN ACTION PENDING OUTSIDE CALIFORNIA Gavrn,'ntn Code. § 613097.1

SUBP-035

~ LAINTIFFIPETrTIONER: SUNDANCE VACATIONS, INC.CAENMR oef dnoud Com

DEFENDANTIIRESPONDENT: ALBERT WTEHEAD

5. If you have been served with this subpoena as a custodian of consumer or employee records under Code of Civil

Procedure section 1985.6 and a motion to quash or an objection has been served on you, a court order or agreement of

the parties, witnesses, and consumyer or employee affected must be obtained before you are required to produce

consumer or employee records.

6.F-- Other terms or provisions from out-of-state subpoena, if any (specify):

See attached PA Subpoena

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

DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YU WILL ALSO BE LIABLE

FOR THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILUR OBEY.

(HJ LA O PRINT NAME) (SMION OF P ISSUING SUBFOENA)

~ P PROOF OF SERVICE OF SUBPOENA FOR

PRODUCTION OF BUSINESS RECORDS

1.I served this Subpoena for Production of Business Records in Action-Pending Outside California by personally delivering a copy

to the person served as follows:

a. Person served (name):b. Address where served:

c. Date of delivery: d. Time of delivery:

e. Witness fees and mileage both ways (check one):

(1)E were paid. Amount: ........... $ _______

(2) were not paid.

(3) were tendered to the witness'spublic entity employer as required by Government Code section 68097.2. The.

amount tendered was (specify): $ ________

f. Fee for service:... ................. $ ________

2. 1 received this subpoena for service on (date):

3. =I I also served a completed Proof of Service of Notice to Consumer or Employee and Objection (form SUSP-025)

by personally delivering acoopy to the person served as described In, above.

4. Person serving:a. EZNot a registered California process server

b. i]California sheriff or marshalc. Registered California process server

d. Employee or independent contractor of a registered California process server

a. Exempt from registration under Business and Professions Code section 22350(b)

f. E]Registered professional photocopier

g. E]Exempt from registration under Business and Professions Code section 22451

h. Name, address, telephone number, and, if applicable, county of registration and number

I declare under penalty of perjury under the laws of the State of (For California sheriff or marshal use only)

California that the foregoing Is true and correct. I certify that the foregoing is true andoorrect.

Date: Date:

(SIGNATURE1 sGAuE

SUBP.O3S LRev. January i, 2012 1] . SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS Page 2 of 2

IN ACTION PENDING OUTSIDE CALIFORNIA

Attachment 3

Commonwealth of Pennsylvania N2 4039County of Luzerne

SI IMANCE _MACATIONS TNCvs. 12-CV-8006

AL .FRI VRTIHAD.

SUBPOENA TO PRODUCE DOCUMENTS OF THINGS

FOR DISCOVEY PURSUANT TO RULL4022

T: Custodian of Recordsi Facebook, Inc.; 1601 Willow Road; Menlo Park, CA 94025

(Name of Person or Entity)

Whithiin w C3y fe service of this subpoena, you are ordered by the court to produce the

following documents or things:

See Addendum attached hereto as Exhibit "A", as well as the-attached

Certificate of Compliance. The subpoena is returnable on 8 b11i3 91@ 10:00 am (pacific

standard time). November 26, 2012

at Facebook Inc.; 1601 Willow Road; Menlo Park, CA 94025

(Address)

You may deliver or mail legible copies of the documents or produce things requested by this subpoena,

together with the certificate of compliance, to the party making this request at the address listed above. You

have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought.

If you fail to produce the documents or things required by this subpoena within twenty (20) days after

its service, the party serving, this subpoena may seek a court order compellingr you to comply with it

This subpoena was issued at-the request of the following person:

BY THE, COQPRT: Attorney's Nam

74833

By .....

_ __ __ ___.._ _

(Probonomy)Identificaion Number

(Prothoiotmy)Myers, Brier & Kelly, L LP, 425 SpruceSte~t. Sntefll.~C~ft~l 5m~A

Address

DATE: (570) 342-6100

Seal of the Court P an~tiff udance

Attorney for Vacations, Inc.

06D)52669

EXHIBI "A"

Custodlian of Records. Facebook Inc.

DEFINITON

As used here, the term "document" includes, but is not limited to, any

writing, graphi'mte o other tangbl thng whternercorded, produced

by any. other. prces orwitnordcd by hand, including, big not limited to,,

letters, reports, other written communications, electronic messages, metadata,

electronic records, electronic -files, correspondence, telegrams, memoranda,

summries reords or itineraries, forecasts, analyses, lab reorts, projections, work

papers, photographs, tape recordings, models, graphs, statistical statements,

notebooks, charts, plans, drawings, artwork, brochures, summaries of negotiations,

press releases, intra-office or inter-company communications, routing slips or the

like, promotional or advertising materials,nmarginal, comlmenlts appearing on any

document invoices, shipping papers, 1!.bls, packaging; pq rchase orders, contracts,

printed publications., minutes or records of Mee .tings, minutes or records of

conferences, agendas, expressions or statement of policy, lists of person attending

meetings or conferences, reports and summaries of investigations, opinions-or

reports of consultants, studies, evaluations, records, sounds recordings, motion.

pictures, models, sketches, video tapes, proofs, photographs, films, computer input

or output, recordings on disk or tape, archive records, whether recorded on volatile

or nonvolatile media, hard disksor -floppy disks, by magnetic or electronic

inipulse, &-ma-i mesages whether orfiot printed or in hadcoy rin other

writing including draft and revisions.

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

originating internet protocol (IP) address(es) and timestamps for activity on the

Facebook page titled "Boycott Sundance Vacations",'

(http:/wwfcboco/!a unace

1000532561

Vacations/i 72805172735470) and any and all documents that refer or relate to or

identify the administrator s) of this Page, including, but not limited to, for each of

the foregoin individuals, all adm iistrator lists, acco5unt, applications, sbscriber'

informatijon, user profiles, billing information, billing records, a dministrator

records, access records, activity logs and records of session times and durations.

2. Any and all documents that refer or relate to or contain log or

activity information for the "Bo.ycott Sundance Vacations" page, including, but not

limited to, documents identifying the interneit prtcl.(lIP) address(es) associated

with persons administering and/or postin g to the page and time stamps showing the

date and time of all activity on the page.

3. Any and all documents that r efer or relate to or contain

subscriber information for the adnmistrator(s) of the "'Boycott Suntdance

Vacations" page, including but not limited to, for all such individuals, all account

information, user profiles, account creation records, login informnation and page set

up records.

4. Any -and all documents that refer or relate to or contain

subscriber and/or user information and/or profiles relating to John Flannagan

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 OR PARTY-"XIhOT ATTORNEY(AN,. Shoa. rnmbandatot FOdOAFUMNpohnB. De s Es80A17)

Myer, Brier &I'l I t~LY ~ 7 OTIAO

425.Spruce St..S oO, Scranton. PA 18502 FT0EPON NO.:'(570) 342.m6 100 FXN-

E-MI ADOREWS

ATOR"1.J) Plainiff SUNDANCE VACATIONS, INC.Court for couly in udtih discovery is to be conducted: SAN MATEO

SUPERIOR COU~RT OF CAlIFORNIA %COUNTrY OF SAN MATEOSTREET ADDRESS: 400 County CenterMAJUNO ADDRESSt.

CrrYANOZiPCOOE: Redwood City, CA 94063BRANcH NAMe. Main Courthouse

Court In vAkih action Is pending: COURT OF COMMON PLEASName of court: LUZERINE COUNTY, COMMONWEALTH OF PA

STREET ADORESs: 200 North River StiUMtUNO ADDRrs&.

cr3y-.STATE-"ANOJcOcE. Wilkes-Barre,.PA 18701COUNTRY: USA

PLAINTIFFPE 1ThONER: SUNDANCE VACATIONS, INC. AFRICSENMR(KaBMUbYM

DEFENDANTRESPONDENT: ABR HTHA

DEPOSITON SUBPOENA FOR PERSONAL APPEARANCE AND CA5EW.DAER(cpwdz ouwdCadm)

PRODUCTION OF DOCUMENTS, ELECTRONICALLY STOREDINFORMATION, AND THINGS IN ACTION PENDING OUTSIDE CALIFORNIA 12-CV-8006

THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone numbero odeponrent, If known):

Person Most Knowledgeable/Corporate Designation at Facebook Inc. 1601 Willow Road, Menlo Park, CA1. YOU ARE ORDERED TO APPEAR IN PERSON 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 94105a. 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.C. This deposition will be recorded stenographically = through the Instant visual display of testimony

and by = audiotape = videotape.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 compliancewith this subpoena.

3. The documents, electronically stored Information, and things to beproduced and any testing or sampling being sought are describedas follows ( (If elecfronically stored Information Is required, the form or forms in which each t4qi of information is to be producedmay be specified): See Exhibit B to attached Pennsylvania Subpoena

mContinued on Attachment 3 (use form, MC-025).4. If the witness Is a representative of a business or other entity, the matters upon which the witnesv is to be examined are described

as follows:

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 partyrepresented):

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

= Continued on Attachment 5r(use form, M"-25). Pw 1012

F-MfM~8q DCPSIIO SUPON FORd PESOA APEAACEANJnfd -on m. wwdo~ mw"e DEOIINSBON O ESNLAPAAC N 0 -510. 202&=2 2=2W.2 2023250

SUP45 .4iy . 20121 PRODUCTION.OF DOCUMENTS, ELECTRONICALLY STORED 2m2520a. c-to a.45i7INFORMATION, AND THINGS IN ACTION PENDING OUTSIDE CALIFORNIA ffc'

SUBP.04PLAJNTIFPIPETITIQNER: SUNDANCE VACATIONS, INC. CASE NUMBSER

OEFENDANTilRESPONDENT: ALBERT WHI1TEHEAD

6. m 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 CiiProcedures section 1985.3 or 198.6 and a motio to quash or an objection has boon served on you, a court order oragreement of the parties, witnese s, and consumer or employee effected must be obtained before you are required toproduce 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 yousign the deposition. You ame entitled to receive witness fees and milage actually traveled both ways. The money must be paid, atthe option of the party givng notice of the deposition, either with service of this subpoena or at the tim of the deposition. Unless thecourt orders or you agree otherwise, Jr you are being deposed as an Individual, the deposition must take place within 75 miles of

a r residne on of the deposition for al deponents is governed by Code of Civil Procedure section 2025. 250.

~PSTOSBPOENA FOR BEPNSERSONTEMAPEARABC ANDS COROUCTNAO DOBENTSBLELECTROANICALLY STORGED IR TIN ANDM THINGS WT OE

1. I ses ti eoiinSbon o esnlperneadPodc~no ouetEetoial trdIfrain nThng n cio Pnin utid alfrna ypesnalydliein acpyt te eso ere asl l w

(2) ft ween T ad

2. 1 srved this supoeina fubor n erviceson a Ate) ac:n routo fDcunns lcroial trd nbm n

TigInAtoPednOusdCaionaby personally delivering a copy to the person served as dfsriedlnowasvea. Person servng: e)

c. Addresered Caiervipes:ere

d.. Datempe of dnepednictrctryof: reitrd. aieof proessiervere. Wt xept froadmiregst aio unde k ousne)adPoeso:Coescin230bf1) Na edressa, elepon number, .. an $i plcbe onyofrgsrto n ub

I 3 welr nere enyoderur uteo tlas the Sins'ulcettempoe (Foequre Caliornserif Core mashaio u807e o ThyCaliforn amh orent tre wand cosec.) $ etf httefrgigi readcret

2D1ate: thssupeaaotsrieen(dt)

3.= as srvda omltd roo fSrieo oiet osue rEpoe n beto (LoNTnUBP 5

by DEPsonalN SUBPOENAn aO PERONA APERAC ANDesn evdadsrbdin1aoePRDCTO Oeso DOUMNSELCROICLYgTOE

aNO.AIN AND THNG INitee ACTIONni pENDING OUSIrvALFOrI

Commonwealth of Pennsylvania NO 62County of Luzerne

Sumdance Vacations, Inc.

VS.

Albert Whitehead

SUBPOENA TO ATTEND AND TESTIFY

Corporate DesignateToFacebook, Inc.

(Name(s) of Witness~es))

1. You a re ordered by the Court to come to Behinke Reporting & Video Services,

160 Spear Street, Suite 300, San Francisco, CA 94105

tSpecify Courtroom or other place

at ___________, Pennsylvania, onMarch 15. 20 1?atlO:0 PST o'clock,

____M., to testify on behalf of Plaintiff.

in the 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. John B. Dempsey, Esquire (PA ID 88017)Myers, Brier & Kelly, LLP

(Issued) Reqiuested by: 425 Spruce Street. Suite 200, Scranton, PA 18503(Attorney's name, address, telep~hone number andidentification number) Phone: 57)342-6100

iax: (570) 342-6147BY THE COURT,

Date: Ii1,fu&aXL)9..Z-0 SBy

Narne of Prothonotary)

Seal of the Court

p-5

EXHIBIT "A"

CORPORATE DESIGNATEFACEBOOK9 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 in the 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 (_e Statement 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 DESIGNATEFACBK110, INC.'

"DocumentM shall mean all writings of whatever nature, including originals,drafts, facsimiles and copies thereof, whether typed, handwritten, printed, electronically recordedor 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 messagesor 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), 1; 14. § II.B

(Content Rights), & 1.).