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

Filing 428

ORDER Denying 366 Motion for Leave to File; Denying 374 Motion for Discovery; Granting in part and Denying in part 393 Motion to Seal Document, Granting 414 Stipulation. Please see Order for further specifics. Signed by Judge James Ware on 6/10/2008 (ecg, COURT STAFF) (Filed on 6/10/2008)

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

Doc. 428

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SEAN A. LINCOLN (State Bar No. 136387) [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] 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

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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, and WAYNE CHANG, Defendants.

Case No. 5:07-CV-01389-JW STIPULATION AND [PROPOSED] ORDER ENLARGING TIME TO FILE A JOINT PROPOSED ORDER RE SEALING ; AND ORDER GRANTING IN PART DENYING IN PART MOTIONS POSTED AS DOCKET ITEM NOS. 366, 374 AND 393

This Stipulation is entered into by and among Plaintiffs Facebook, Inc., and Mark E. Zuckerberg and Defendant ConnectU, Inc., through its respect ive attorneys of record. WHEREAS, on May 27, 2008, the Court issued an order requesting that the parties submit, by June 9, a Joint Proposed Order regarding "all sealing motions that are pending as of the date of the Jointed Proposed Order is filed";
OHS West:260453060.1 16069-4 YG2/TS2 STIPULATION AND [PROPOSED] O R D E R 5:07-CV-01389-JW

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WHEREAS, Plaint iffs Facebook, Inc. and Mark E. Zuckerberg will be filing their Reply Memorandum and supporting documents in support of their Confidential Motion (Docket No. 329) under seal today; WHEREAS, the parties believe that an extension of time to file the Joint Proposed Order, until tomorrow, June 10, is necessary in order to include Plaintiffs' June 9 filing; IT IS HEREBY STIPULATED AND AGREED THAT the parties' Jo int Proposed Order Re: Sealing is due on June 10, 2008.

Dated: June 9, 2008

ORRICK, HERRINGTON & SUTCLIFFE LLP

/s/ Theresa A. Sutton Attorneys for Plaintiffs THE FACEBOOK, INC. and MARK ZUCKERBERG

Dated: June 9, 2008

BOIES SCHILLER & FLEXNER LLP

/s/ Evan Parke Attorneys for Defendant CONNECTU, INC. *** ORDER *** For good cause shown, the Court GRANTS the parties' Stipulation regarding the filing of the O addition, Joint Proposed Order Re: Sealing motions. InRDER the Court addresses the following outstanding Imotions in advance of the June 23, 2008 hearing on Plaintiffs' Confidential Motion: T IS SO ORDERED. Date(1) _Plaintiffs' Motion for Leave to File Rely and Motion to Strike is DENIED. d: _____________ (Docket Item No. 366). Honorable James Ware (2) Defendants' Motion to Shorten Time for Hearing,United Statesto Expeditedge and Motion District Ju Discovery is DENIED. (Docket Item No. 374.) Northern District of California (3) Motion to Seal the Request for Reschedule Hearing on Plaintiffs' Confidential Motion is GRANTED to the extent that it seeks to SEAL the request, DENIED to the extent it seeks to continue the hearing. (Docket Item No. 393.) There have been voluminous filings in this case in just the last month, which have required extensive judicial resources to manage. The parties are strongly encouraged to work in a collaborative manner to conserve judicial resources.
OHS West:260453060.1 16069-4 YG2/TS2

Dated: June 10, 2008

____________________________________ STIPULATION AND [PROPOSED] O R D E R -2JAMES WARE 5:07-CV-01389-JW United States District Judge