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

Filing 321

Motion to File Under Seal the Highlighted and Unredacted Version of (Revised) Opposition to Plaintiffs' Motion for Partial Summary Judgment; and Declaration Of Winston Williams (Revised) In Support Thereof; Declaration of Scott R. Mosko; [Proposed] Order filed by Wayne Chang, ConnectU, LLC, Pacific Northwest Software, Inc., Winston Williams. Motion Hearing set for 2/27/2008 09:30 AM in Courtroom #4, 5th Floor, San Jose. (Mosko, Scott) (Filed on 2/14/2008) Modified on 2/15/2008 (bw, COURT STAFF). Modified on 5/2/2008 (cv, COURT STAFF).

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

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Doc. 321

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Scott R. Mosko (State Bar No. 106070) [e-mail] FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. Stanford Research Park 3300 Hiliview Avenue Palo Alto, California 94304 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants Pacific Northwest Software, Inc., Winston Williams, and Wayne Chang

UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN JOSE DIVISION 13 FACEBOOK, INC., and MARK ZUCKERBERG, 14 CASE NO. C 07-01389 RS

Plaintiffs,
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Doe. No. 479384

DEFENDANTS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL THE HIGHLIGHTED AND UNREDACTED VERSION OF DEFENDANTS CONNECTU LLC, PACIFIC NORTHWEST SOFTWARE, INC., WINSTON WILLIAMS AND WAYNE CHANG'S (REVISED) OPPOSITION TO PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT; AND DECLARATION OF WINSTON WILLIAMS (REVISED) IN SUPPORT THEREOF DECLARATION OF SCOTT R. MOSKO [PROPOSED] ORDER
Date: Time: Courtroom.: Judge: February 27, 2008 10, 2007 9:30 a.m. 4 Honorable Richard Seeborg

DEFENDANTS' ADMINISTRATIVE MOTION AND [PROPOSED I ORDER TO FILE DOCUMENTS UNDER SEAL Case No. 5:O7-CVOI389-RS

Dockets.Justia.com

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ADMINISTRATIVE MOTION FOR FILING UNDER SEAL Papers Submitted for Partial Filing Under Seal

Pursuant to Civil Local Rules 7-11 and 79-5(c), Defendants respectfully hereby request leave of Court to file under seal certain portions of the following document being lodged with the Clerk: a. The highlighted and unredacted version of Defendants ConnectU LLC, Pacific

Northwest Software, Inc., Winston Williams and Wayne Chang's (Revised) Opposition to Plaintiffs' Motion for Partial Summary Judgment ("Opposition"). This Opposition contains discussions regarding confidential materials filed in support of it, as well as excerpts of the April 25, 2006 deposition of Plaintiff Mark Zuckerberg. This deposition was designated Highly Confidential, Attorney's Eyes Only by Plaintiffs pursuant to the Stipulated Protective Order in the Santa Clara County Superior Court action, Case No. 1:05-CV-047381, and hence is subject to Local Civil Rule 795(c) and the excerpts should be sealed from public view. As required by Civil Local Rule 79-5(c), Defendants are lodging with the Clerk copies of this Opposition which has been designated Highly Confidential for filing under seal. 2. Papers Submitted For Filing Under Seal in Their Entireties

Pursuant to Civil Local Rules 7-11 and 79-5(b), Defendants respectfully hereby request leave of Court to file under seal in their entireties the following documents being lodged with the Clerk: a. The Declaration of Winston Williams (Revised) in Support of Defendants

ConnectU LLC, Pacific Northwest Software, Inc., Winston Williams and Wayne Chang's Opposition to Plaintiffs' Motion for Partial Summary Judgment ("Williams Declaration"). The Williams Declaration contains discussions of and excerpts from the Declaration of Chris Shiflett in Support of Plaintiffs. Partial Motion for Summary Judgment which the Plaintiffs' have asked to be sealed in its entirety. It also contains discussions regarding ConnectU that are confidential, proprietary and sensitive business information and should remain sealed from public viewing. As required by Civil Local Rule 79-5(b), Defendants are lodging with the Clerk copies of theses documents which have been designated "Highly Confidential" and "Confidential" for filing under seal in their entirety. II
Doe, No. 479384

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DEFENDANTS' ADMINISTRATIVE MOTION AND [PROPOSED] ORDER TO FILE DOCUMENTS UNDER SEAL Case No. 5:07-CV-01389-RS

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Doc, No. 479384

SUPPORTING DECLARATION OF SCOTT R. MOSKO I, Scott R. Mosko, declare as follows: 1. I am an attorney admitted to practice in the State of California and the United States

District Court for the Northern District of California, and a partner of Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., attorneys of record for Defendants ConnectU LLC, Pacific Northwest Software, Inc., Winston Williams and Wayne Chang. The matters referred to in this declaration are based on my personal knowledge and if called as a witness I could, and would, testify competently to those matters. 2. The representations made above in this Administrative Motion are true and correct to

the best of my knowledge and belief. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and that this declaration was executed this 14th day of February, 2008, at Palo Alto, California. By: Scott R. Mosko
/5/

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DEFENDANTS' ADMINISTRATIVE MOTION AND LPROPOSEDJ ORDER TO FILE DOCUMENTS UNDER SEAL Case No. 5:O7CVOI389-RS

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Doe. No. 479384

[PROPOSEDJ ORDER
Upon good cause shown, IT IS HEREBY ORDERED that the following documents shall be received and filed under seal in their entireties by the Clerk: 1. The highlighted and unredacted version of Defendants ConnectU LLC, Pacific

Northwest Software, Inc., Winston Williams and Wayne Chang's (Revised) Opposition to Plaintiffs' Motion for Partial Summary Judgment: 2. The Declaration of Winston Williams (Revised) in Support of Defendants ConnectU

LLC, Pacific Northwest Software, Inc., Winston Williams and Wayne Chang's Opposition to Plaintiffs' Motion for Partial Summary Judgment.

2008 United States Magistrate Judge

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DEFENDANTS ADMINISTRATIVE MOTION AND [PROPOSED] ORDER TO FILE DOCUMENTS UNDER SEAL Case No, 5:O7CVM1389RS