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

Filing 271

***REDACTED/PUBLIC VERSION***: MOTION to Compel "Compliance" by Defendants Pacific Northwest Software and Winston Williams to COMPLY with 234 Order Granting Motion to Compel Supplemental Interrogatory Responses; MOTION for an order to PRODUCE ALL computer web servers, and the Alternatively MOTION for an order ENTERING evidentiary finding that PNS adn Williams set three ConnectU invitation e-mails to each of the at least three million registered Facebook users as of 7/1/05; memorandum in support thereof. filed by Mark Zuckerberg, The Facebook, Inc. Motion Hearing set for 2/27/2008 09:30 AM. (Attachments: # 1 Proposed Order)(Sutton, Theresa) (Filed on 1/23/2008) Modified on 1/24/2008 (bw, COURT STAFF). Modified on 4/30/2008,(counsel failed to select multiple motions.) (cv, COURT STAFF). Modified on 5/2/2008 (cv, COURT STAFF).

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The Facebook, Inc. v. Connectu, LLC et al D Doc. 271 Att. 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 SEAN A. LINCOLN (State Bar No. 136387) salinco I. NEEL CHATTERJEE (State Bar No. 173985) MONTE COOPER (State Bar No. 196746) m THERESA A. SUTTON (State Bar No. 211857) YVONNE P. GREER (State Bar No. 214072) ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: 650-614-7400 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, Plaint iffs, v. CONNECTU, INC. (formerly known as CONNECTU, LLC), PACIFIC NORTHWEST SOFTWARE, INC., WINSTON WILLIAMS, WAYNE CHANG, and DAVID GUCWA, Defendants. Case No. 5:07-CV-01389-RS [PROPOSED] ORDER GRANTING MOTION TO COMPEL COMPLIANCE BY DEFENDANTS PACIFIC NORTHWEST SOFTWARE AND WINSTON WILLIAMS WITH ORDER GRANTING MOTION TO COMPEL SUPPLEMENTAL INTERROGATORY RESPONSES Date: Time: Judge: January 27, 2008 9:30 A.M. Honorable Richard Seeborg [PROPOSED] ORDER GRANTING FACEBOOK'S MOTION TO COMPEL COMPLIANCE 5:07-CV-01389-RS 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 The Court, having considered the Notice of Motion, Motion and Memorandum of Points and Authorities in Support of Facebook, Inc.'s ("Facebook's") Motion To Compel Compliance By Defendants Pacific Northwest Software And Winston Williams With Order Granting Motion To Compel Supplemental Interrogatory Responses, the Declarations of Chris Shiflett and Monte M.F. Cooper in support thereof, exhibits submitted therewith, and the records on file in this action, hereby orders as follows: IT IS HEREBY ORDERED that Facebook's Motion is GRANTED. IT IS FURTHER ORDERED that: (1) Pacific Northwest Software, Inc. ("PNS") and Winston Williams ("Williams") shall within fourteen (14) days of this Order supplement their prior responses to Interrogatories Nos. 3 and 4 and provide full, complete answers to each; and (2) [PNS and Williams shall provide all memory devices in their possession, custody or control from 2004 to present to Facebook's expert for imaging and analysis for information responsive to Interrogatory Nos. 3 and 4. The parties shall within seven (7) days of this Order submit a proposed protocol for the imaging and analysis, with a joint statement concerning only those elements of the proposed protocol about which the parties cannot reach agreement]; or (3) [The Court enters the following factual finding: PNS and Williams, jointly and individually, caused three ConnectU invitation e-mails to be sent to each of three million e-mail addresses obtained by PNS and Williams from the Facebook website.] IT IS SO ORDERED. Dated: _____________________ Honorable Richard Seeborg United States Magistrate Judge -2- [PROPOSED] ORDER GRANTING FACEBOOK'S MOTION TO COMPEL COMPLIANCE 5:07-CV-01389-RS

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