The Facebook, Inc., et al v. ConnectU, Inc., et al
Filing
185
Filed (ECF) Intervenors Divya Narendra, Cameron Winklevoss and Tyler Winklevoss in 08-16745, Appellants Divya Narendra, Cameron Winklevoss and Tyler Winklevoss in 08-16873, 09-15021 Motion to take judicial notice of Court Documents filed in District of Massachusetts. Date of service: 05/27/2011. [7767675] [08-16745, 08-16873, 09-15021] (SMS)
EXHIBIT A
Case 1:07-cv-10593-DPW Document 274
Filed 09/30/09 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CONNECTU, INC.,
Plaintiff,
v.
FACEBOOK, INC., ET AL
Defendants,
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CIVIL ACTION
NO. 07-10593-DPW
(CONSOLIDATED WITH
04-11923-DPW)
MEMORANDUM AND ORDER
September 30, 2009
These two cases are branches of extended and heavily
lawyered litigation as to which Judge Ware of the United States
District Court for the Northern District of California has
entered a judgment directing dismissal pursuant to what he has
found to be an enforceable settlement agreement among the
interested parties.
Facebook Inc. v. ConnectU, Inc., Civil
Action No. 07-01389-JW (N.D.Cal. July 2, 2008).
The question of
the enforceability of the settlement agreement embodied in the
judgment has generated multiple appeals to the United States
Court of Appeals for the Ninth Circuit.
Earlier this month new
counsel for the principal appellants was engaged after earlier
counsel were ordered disqualified upon a limited remand to the
District Court by the Ninth Circuit.
New counsel has filed a
status report in the Ninth Circuit seeking to consolidate the six
appeals and establish an appellate briefing schedule.
Case 1:07-cv-10593-DPW Document 274
Filed 09/30/09 Page 2 of 3
In this lawyer-rich environment, the parties have filed
parallel pleadings and motions in this court attempting to
conduct a second front to their conflict, which at this point is
governed by the judgment of the Northern District of California
to which I am obligated to give preclusive effect despite the
pendency of appeal.
PRACTICE
AND
See generally WRIGHT, MILLER & COOPER, FEDERAL
PROCEDURE 2d ยง 4433 at 78-94 (2002) (noting rule and the
substantial difficulties which result from the rule that a final
trial-court judgment operates as res judicata while an appeal is
pending).
I am unwilling to indulge the parties in their
multiplication of proceedings, at least until the validity of the
judgment entered in the Northern District of California has been
resolved.
Now that the engagement of new counsel in the Ninth
Circuit appeals offers the promise that the orderly conduct of
the litigation will be back on track for appellate review, there
is no need to keep these cases active in this Court while the
fundamental question of the enforceability of the settlement
agreement moves toward resolution elsewhere.
Accordingly, in order to avoid further needless
proliferation of litigation in this court pending the outcome of
the challenge to the judgment of the Northern District of
California, I direct the Clerk to stay these cases and terminate
all outstanding motions without prejudice to the motion of any
party to reassert them no later than 30 days after the issuance
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Case 1:07-cv-10593-DPW Document 274
Filed 09/30/09 Page 3 of 3
of any mandate of the United States Court of Appeals for the
Ninth Circuit concerning the judgment entered by the United
States District Court for the Northern District of California in
Civil Action No. 07-01389-JW.
Counsel in these cases are ORDERED
to notify this Court with a status report within 10 days of any
material developments concerning the continued vitality of the
Northern District of California judgment.
/s/ Douglas P. Woodlock
DOUGLAS P. WOODLOCK
UNITED STATES DISTRICT JUDGE
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