The Facebook, Inc. v. Connectu, Inc et al

Filing 214

Facebook's Administrative Request Pursuant to Lcoal Civil Rule 79-5(b) & (d) to File Under Seal the Memorandum of Points and Authorities in Support of Facebook's Motion to Compel Pacific Northwest Software and Winston Williams to Provide Complete and Supplemental Responses to Facebook's First Set of of Interrogatories Nos 3 and 4 and Exhibit F, G and H to the Declaration of Theresa A. Sutton in Support of Facebook's Motion to Compel re 213 , 212 by Mark Zuckerberg, The Facebook, Inc. Motion Hearing set for 11/28/2007 09:30 AM. (Greer, Yvonne) (Filed on 10/17/2007) Text modified on 10/17/2007 (bw, COURT STAFF).

The Facebook, Inc. v. Connectu, LLC et al

Doc. 214

Case 5:07-cv-01389-RS

Document 214

Filed 10/17/2007

Page 1 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

G. HOPKINS GUY, III (State Bar No. 124811) [e-mail] m I. NEEL CHATTERJEE (State Bar No. 173985) [e-mail] MONTE COOPER (State Bar No. 196746) [e-mail] m THERESA A. SUTTON (State Bar No. 211857) [e-mail] YVONNE P. GREER (State Bar No. 214072) [e-mail] m ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: 650-614-7401 Attorneys for Plaintiffs FACEBOOK, INC. and MARK ZUCKERBERG

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

FACEBOOK, INC. and MARK ZUCKERBERG, Plaint iffs, v. CONNECTU, INC. (formerly known as CONNECTU, LLC), CAMERON WINKLEVOSS, TYLER WINKLEVOSS, DIVYA NARENDRA, PACIFIC NORTHWEST SOFTWARE, INC., WINSTON WILLIAMS, WAYNE CHANG, and DAVID GUCWA AND DOES 1-25, Defendants.

Case No. 5:07-CV-01389-RS FACEBOOK'S ADMINISTRATIVE REQUEST PURSUANT TO LOCAL CIVIL RULE 79-5(B) & (D) TO FILE UNDER SEAL THE MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF FACEBOOK'S MOTION TO COMPEL PACIFIC NORTHWEST SOFTWARE AND WINSTON WILLIAMS TO PROVIDE COMPLETE AND SUPPLEMENTAL RESPONSES TO FACEBOOK'S FIRST SET OF INTERROGATORIES NOS. 3 AND 4 AND EXHIBITS F, G, AND H TO THE DECLARATION OF THERESA A. SUTTON IN SUPPORT OF FACEBOOK'S MOTION TO COMPEL Date: Time: Judge: November 28, 2007 9:30 a.m. Honorable Richard Seeborg

FACEBOOK'S ADMINISTRATIVE REQUEST TO FILE BRIEF AND EXHIBITS UNDER SEAL CASE NO. 5:07-CV-01389-RS

Dockets.Justia.com

Case 5:07-cv-01389-RS

Document 214

Filed 10/17/2007

Page 2 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Pursuant to Civil L.R. 7-11 and 79-5 (d), Facebook respectfully submits this administrative request asking the Court to file under seal the Memorandum Of Points And Authorities In Support Of Facebook's Motion To Compel Pacific Northwest Software And Winston Williams To Provide Complete And Supplemental Responses To Facebook's First Set Of Interrogatories Nos. 3 And 4 and Exhibits F, G, and H To the Declaration of Theresa A. Sutton In Support of Facebook's Motion To Compel. The parties entered into, and the California Superior Court issued, a Stipulated Protective Order on January 23, 2006, which prohibits either party from filing in the public record any documents that have been designated as "Confidential" or "Highly Confidential" pursuant to the Protective Order. The Memorandum Of Points And Authorities In Support Of Facebook's Motion To Compel Pacific Northwest Software And Winston Williams To Provide Complete And Supplemental Responses To Facebook's First Set Of Interrogatories Nos. 3 And 4 contains direct quotes from the deposition of Winston Williams taken on June 19, 2007. The deposition testimony has been marked Confidential by Winston Williams pursuant to the Protective Order entered in this matter, and hence portions of the Memorandum Of Points And Authorities In Support Of Facebook's Motion To Compel Pacific Northwest Software And Winston Williams To Provide Complete And Supplemental Responses To Facebook's First Set Of Interrogatories Nos. 3 And 4 is subject to Local Civil Rule 79-5(d). Facebook takes no position as to whether the excerpts from the deposition testimony of Winston Williams referred to in the Memorandum of Points and Authorities in Support of Facebook's Motion to Compel is confidential. Exhibit F to the Declaration of Theresa A. Sutton filed in Support of Facebook's Motion To Compel Pacific Northwest Software And Winston Williams To Provide Complete And Supplemental Responses To Facebook's First Set Of Interrogatories Nos. 3 And 4 is a copy of relevant excerpts from Winston Williams' June 19, 2007 deposition. The deposition testimony has been marked Confidential by Winston Williams pursuant to the Protective Order entered in this matter, and hence is subject to Local Civil Rule 79-5(d). Facebook takes no position as to whether the deposition testimony of Winston Williams is confidential. -2PLAINTIFF'S ADMINISTRATIVE REQUEST TO FILE BRIEF AND EXHIBITS UNDER SEAL CASE NO. 5:07-CV-01389-RS

Case 5:07-cv-01389-RS

Document 214

Filed 10/17/2007

Page 3 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Exhibit G to the Declaration of Theresa A. Sutton filed in Support of Facebook's Motion To Compel Pacific Northwest Software And Winston Williams To Provide Complete And Supplemental Responses To Facebook's First Set Of Interrogatories Nos. 3 And 4 is a copy of a relevant exhibit fro m ConnectU's production. This document has been marked Confidential by ConnectU pursuant to the Protective Order entered in that matter, and hence is subject to Local Civil Rule 79-5(d). Facebook takes no position as to whether this document is confidential. Exhibit H to the Declaration of Theresa A. Sutton filed in Support of Facebook's Motion To Compel Pacific Northwest Software And Winston Williams To Provide Complete And Supplemental Responses To Facebook's First Set Of Interrogatories Nos. 3 And 4 is a copy of a relevant exhibit from PNS' production. This document has been marked Confidential by PNS pursuant to the Protective Order entered in that matter, and hence is subject to Local Civil Rule 79-5(d). Facebook takes no position as to whether this document is confidential.

Dated: October 17, 2007

Orrick, Herrington & Sutcliffe LLP

/s/ Yvonne P. Greer /s/ Yvonne P. Greer Attorneys for Plaintiffs FACEBOOK, INC. AND MARK ZUCKERBERG

-3-

PLAINTIFF'S ADMINISTRATIVE REQUEST TO FILE BRIEF AND EXHIBITS UNDER SEAL CASE NO. 5:07-CV-01389-RS

Case 5:07-cv-01389-RS

Document 214

Filed 10/17/2007

Page 4 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

CERTIFICATE OF SERVICE I hereby certify that this document(s) filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non registered participants on October 17, 2007. Dated: October 17, 2007. Respect fully submitted, /s/ Yvonne P. Greer /s/ Yvonne P. Greer

-4-

PLAINTIFF'S ADMINISTRATIVE REQUEST TO FILE BRIEF AND EXHIBITS UNDER SEAL CASE NO. 5:07-CV-01389-RS