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

Filing 233

Plaintiffs' Civil Local Rule 7-11 Miscellaneous Administrative Request for Order Setting Case Management Conference or Issuing Case Management order file d by Mark Zuckerberg, The Facebook, Inc. (Attachments: # 1 Declaration of Theresa Sutton, # 2 (Proposed) Order Sutton, Theresa) (Filed on 12/11/2007) Text modified, incorrect event type used on 12/12/2007 (bw, COURT STAFF).

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

Doc. 233 Att. 1

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

THE FACEBOOK, INC. and MARK ZUCKERBERG, Plaintiffs, 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, Defendants.

Case No. 5:07-CV-01389-RS DECLARATION OF THERESA A. SUTTON IN SUPPORT OF PLAINTIFFS' CIVIL L.R. 7-11 MISCELLANEOUS ADMINISTRATIVE REQUEST FOR ORDER SETTING CASE MANAGEMENT CONFERENCE OR ISSUING CASE MANAGEMENT ORDER

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SUTTON DECL. ISO ADMIN REQUEST FOR CMC 5:07-CV-01389-RS

Dockets.Justia.com

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I, Theresa A. Sutton, declare as follows: 1. I am an attorney with the law firm of Orrick, Herrington & Sutcliffe LLP, counsel

for Plaintiffs FaceBook, Inc. and Mark Zuckerberg in the above-captioned action. I am a member of the Bar of the State of California. I make this Declaration in support of Plaintiffs' Civil L.R. 711 Miscellaneous Administrative Request for Order Setting Case Management Conference. I have personal knowledge of the facts set forth in this declaration and could and would competently testify thereto under oath if called as a witness. 1. On Thursday, December 6, 2007, I sent an email to Valerie Wagner, counsel for

David Gucwa, and Scott Mosko, counsel for the remaining defendants, asking if the defendants would stipulate to setting a Case Management Conference on Friday, December 14, 2007. Ms. Wagner responded later that day stating that she was unavailable on Friday, December 14, 2007. I received no response from Mr. Mosko. 2. On December 7, 2007, I emailed Mr. Mosko and Ms. Wagner asking them to

propose dates for a CMC within the next month. Mr. Mosko's response indicated that he could not provide his availability because of family circumstances. As of the time of this filing, I have not received a response from Ms. Wagner. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Executed this 11th day of December, 2007, at Menlo Park, California. /s/ Theresa A. Sutton /s/ Theresa A. Sutton

OHS West:260350260.1

SUTTON DECL. ISO ADMIN REQUEST FOR CMC 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 December 11, 2007. Dated: December 11, 2007. Respectfully submitted,

/s/ Theresa A. Sutton /s/ Theresa A. Sutton

SUTTON DECL. ISO ADMIN REQUEST FOR CMC 5:07-CV-01389-RS