MARTIN EBERHARD v. ELON MUSK Document 59: Declaration

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FILED
. SAN MATEO COUNTY

FRED W. ALVAREZ, State Bar No. 068115 i GARY M. GANSLE, State Bar No. 200755 JUL 2 & 2009 STEPHEN L, TAEUSCH, State Bar No. 247708 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road f— Palo Alto, CA 94304-1050 Telephone: (650) 493-9300 Facsimile: (650) 565-5100 . —

Attomeys for Defendant ELON MUSK AND TESLA MOTORS, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
MARTIN EBERHARD; ) CASENO.: CIV-484400

) Plaintiff, | ) DECLARATION OF MARY BETH ) BROWN IN SUPPORT OF v. }) DEFENDANTS’ SPECIAL MOTION ) TOSTRIKE PORTIONS OF -ELON MUSK, an individual, TESLA MOTORS, } PLAINTIFF’S COMPLAINT AS A INC., a Delaware Corporation, and DOES 1 ) STRATEGIC LAWSUIT AGAINST ‘through 20, inclusive; ) PUBLIC PARTICIPATION (C.C.P.

» § 425.16) Defendants. )

I, Mary Beth Brown, hereby declare and state as follows:

1. Tam employed by Space Exploration Technologies Corp., a space transportation company founded by Elon Musk in 2002, as Elon Musk’s Executive Assistant. Ihandle Mr. Musk’s correspondence. I have personal knowledge of the facts set forth herein, and if called as a witness, I could and would testify competently thereto. .

2. InJune 2009, a reporter from a national magazine contacted me to request confirmation of Mr. Musk’s degrees because the reporter was preparing a profile of Mr. Musk. I. already had copies of Mr. Musk’s diplomas from the University of Pennsylvania in my possession, and I forwarded copies of them to the reporter.

- 1 ~CADocuments and Settings\marybeth\Lacal Settings\Temporary Internet Files BROWN DECLARATION iso DEFENDANTS’ SPECIAL MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT AS A STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION (C.C.P. § 425.16) Conter

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3. As I was aware of the allegations made in Martin Eberhard’s complaint regarding Mr. || Musk’s educational background, I requested confirmation from Stanford Univers ity (“Stanford”) || that the allegations were inaccurate. Stanford’s Office of the University Registrar readily | confirmed to me that Mr. Musk had indeed been admitted to Stanford’s graduate program in || Material Science Engineering in 1995. A true and correct copy of the confirmation letter || Stanford University sent to Mr. Musk, which I opened, is attached hereto as Exhibit 1. I declare under penalty of perjury under the laws of the State of California that the & foregoin g is true and correct and that this Declaration was executed on JulyZo , 2009 in |) Hore , Califomia.

Mary Beth Brown jl 20° -2-C\Documents and Settings\marybeth\Local Settings\Temporary Intemet Files\Conter BROWN DECLARATION ISO DEFENDANTS’ SPECIAL MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT AS A STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION (C.C.P. § 425.16)

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EXHIBIT 1

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EXHIBIT 1

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STANFORD
UNIVERSITY

June 22, 2009 Elon Musk Spacex 1 Rocket Road Hawthorne, CA 90250 Dear Elon, As per special request from my colleagues in the School of Engineering, I have searched Stanford’s admission data base and acknowledge that you applied and were admitted to the graduate program in Material Science Engineering in 1995. Since you did not enroll, Stanford is not able to issue you an official certification document. Sincerely, Judith Haccou, Director Graduate Admissions Office of the University Registrar Office of the University Registrar 630 Serra Street, Stanford, CA 94305-6032