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

Filing 333

MOTION for leave to file under Seal (pursuant to LR 79-5(b) 329 "Confidential Motion" ; Declaration of Theresa A. Sutton and Exhibits; Declaration of Greg Roussel and Exhibit; Declaration of Mark Howitson filed by Mark Zuckerberg, The Facebook, Inc. Motion Hearing set for 5/28/2008 09:30 AM in Courtroom #4, 5th Floor, San Jose. (Attachments: # 1 (Proposed) Order(Sutton, Theresa) (Filed on 4/23/2008) Text modified on 4/24/2008 conforming to posted document caption (bw, COURT STAFF). Modified text on 4/28/2008. Modified on 5/2/2008,(link to motion to which document relates to.) (cv, COURT STAFF).

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

Doc. 33

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SEAN A. LINCOLN (State Bar No. 136387) salinco [e-mail] 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), PACIFIC NORTHWEST SOFTWARE, INC., WINSTON WILLIAMS, and WAYNE CHANG, Defendants.

Case No. 5:07-CV-01389-RS PLAINTIFFS' MOTION TO SEAL (I) PLAINTIFFS' CONFIDENTIAL MOTION; (II) DECLARATION OF THERESA A. SUTTON AND EXHIBITS IN SUPPORT THEREOF; (III) DECLARATION OF GREG ROUSSEL AND EXHIBITS IN SUPPORT THEREOF; AND (IV) DECLARATION OF MARK HOWITSON Date: Time: Judge: May 28, 2008 9:30 A.M. Honorable Richard Seeborg

PLAINTIFFS ' MOTION TO SEAL CASE NO. 5:07-CV-01389-RS

Dockets.Justia.com

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Pursuant to Civil L.R. 7-11 and 79-5 (d), Plaint iffs respectfully submit this motion asking the Court to file under seal Plaintiffs' Confident ial Motion, the Declaration of Theresa A. Sutton and exhibits in support thereof, the Declaration of Greg Roussel and exhibits in support thereof, and the Declaration of Mark Howitson. 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. Plaint iffs' Confidential Motion, and all declarations and exhibits filed in support thereof, have been designated as highly confidential by the parties. In light of the high profile nature of this case, and the parties' desire to keep the details of this Confidential Motion private, Plaintiffs request that this Motion and its supporting papers remain sealed. The exhibits, which are discussed in the motion, contain commercially sensitive information that, if released to the general public, could adversely affect the parties to this litigation.

Dated: April 23, 2008

Orrick, Herrington & Sutcliffe LLP /s/ Theresa A. Sutton /s/ Theresa A. Sutton Attorneys for Plaintiffs FACEBOOK, INC. AND MARK ZUCKERBERG

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PLAINTIFFS ' MOTION TO SEAL CASE NO. 5:07-CV-01389-RS

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OHS West:260426350.1 16069-4

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 April 23, 2008. Dated: April 23, 2008. Respect fully submitted, /s/ Theresa A. Sutton /s/ Theresa A. Sutton

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PLAINTIFFS ' MOTION TO SEAL CASE NO. 5:07-CV-01389-RS