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

Filing 224

Facebook's Administrative Request Pursuant to Local Civil Rule 79-5 (d) to File Under Seal the Reply 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 3 and 4 and Exhibits I and K to the Declaration of Monte Cooper in Support of Facebook's Motion to Compel 222 , 223 filed by Mark Zuckerberg, The Facebook, Inc.. Motion Hearing set for 11/28/2007 09:30 AM in Courtroom #4, 5th Floor, San Jose. (Greer, Yvonne) (Filed on 11/14/2007) Text modified on 11/15/2007 (bw, COURT STAFF).

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

Doc. 224

Case 5:07-cv-01389-RS

Document 224

Filed 11/14/2007

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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 (D) TO FILE UNDER SEAL THE REPLY 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 I AND K TO THE DECLARATION OF MONTE COOPER 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

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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 Reply 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 I and K To the Declaration of Monte M. F. Cooper In Support of Facebook's Reply Memorandum In Support of the 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 Reply 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 a document produced by PNS. The document has been marked Highly Confidential by PNS pursuant to the Protective Order entered in this matter, and hence portions of the Reply 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 document produced by PNS referred to in the Reply Memorandum of Points and Authorities in Support of Facebook's Motion to Compel is highly confidential. Exhibit I to the Declaration of Monte M. F. Cooper filed in Support of Facebook's Reply Memorandum of Points and Authorities In Support Of The 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 Highly 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 -2PLAINTIFF'S ADMINISTRATIVE REQUEST TO FILE BRIEF AND EXHIBITS UNDER SEAL CASE NO. 5:07-CV-01389-RS

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deposition testimony of Winston Williams is confidential. Exhibit K to the Declaration of Monte M. F. Cooper filed in Support of Facebook's Reply Memorandum of Points and Authorities In Support Of The 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 PNS's production. This document has been marked Highly 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: November 14, 2007

Orrick, Herrington & Sutcliffe LLP

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

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

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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 November 14, 2007. Dated: November 14, 2007. Respect fully submitted, /s/ Yvonne P. Greer /s/ Yvonne P. Greer

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