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

Filing 429

Proposed Order re 398 Order re Pending Motions to Seal by Mark Zuckerberg, The Facebook, Inc.. (Sutton, Theresa) (Filed on 6/10/2008)

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

Doc. 42

1 I. NEEL CHATTERJEE (State Bar No. 173985) [e-mail] 2 MONTE COOPER (State Bar No. 196746) [e-mail] m 3 THERESA A. SUTTON (State Bar No. 211857) [e-mail] 4 YVONNE P. GREER (State Bar No. 214072) [e-mail] m 5 ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road 6 Menlo Park, CA 94025 Telephone: [phone] Facsimile: 650-614-7401 8 Attorneys for Plaintiffs THE FACEBOOK, INC. and MARK 9 ZUCKERBERG 10 11 12 13 14 15 16 17 18 19 20 21 THE FACEBOOK, INC. and MARK 22 ZUCKERBERG, 23 24 v. Plaint iffs,

STEVEN C. HOLTZMAN (State Bar No. 144177) [e-mail] m BOIES SCHILLER & FLEXNER LLP 1999 Harrison Street, Suite 900 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] D. MICHAEL UNDERHILL (pro hac vice) [e-mail] m BOIES SCHILLER & FLEXNER LLP 5301 Wisconsin Avenue NW Washington, D.C. 20015 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant CONNECTU, INC. SCOTT R. MOSKO (State Bar No. 106070) [e-mail] m FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. Stanford Research Park 3300 Hillview Avenue Palo Alto, California 94304 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants WAYNE CHANG, WINSTON WILLIAMS, PACIFIC NORTHWEST SOFTWARE, INC., and CONNECTU, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. 5:07-CV-01389-JW [JOINT PROPOSED] ORDER RE SEALING MOTIONS

25 CONNECTU, INC. (formerly known as CONNECTU, LLC), PACIFIC NORTHWEST 26 SOFTWARE, INC., WINSTON WILLIAMS, and WAYNE CHANG, 27 Defendants. 28
[JOINT PROPOSED] ORDER RE SEALING MOTIONS 5:07-CV-01389-JW
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Dockets.Justia.com

1

Pursuant to the Court's May 27, 2008, Order Re Sealing Motions, plaintiffs The Facebook, Inc.

2 and Mark Zuckerberg ("Facebook") and defendants ConnectU, Inc., Pacific Northwest Software, Wayne 3 Chang, and Winston Williams submit the following summary of motions brought pursuant to Civil Local 4 Rule 79-5(d), which are currently pending. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dkt#: 255 Caption: Plaintiffs' Motion To Seal Portions Of Their Motion For Partial Summary Judgment Re Defendants' Liability Pursuant To California Penal Code Section 502(c) and 15 U.S.C. § 7704(a)(1) and 15 U.S.C. § 7704(b)(1), The Declaration Of Chris Shiflett In Support Thereof
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(1) Identity of each sealing motion by docket number and caption

(2) Declarations in support of the sealing requested

(3) Documents and exhibits to be sealed

(4) Documents and Exhibits that designating party withdraws its designation

(5) Whether motion to seal is opposed Unopposed

Dkt#: 246 Caption: Plaintiffs' Motion To Seal Exhibits K, L-1, And M-1 To The Declaration Of Theresa Sutton In Support Of Plaintiffs' Response To Finnegan's Motion To Withdraw As Counsel For Defendant Winston Williams No declaration filed by defendants in support has been filed for Exhibits K, L-1, M-1 to the Declaration of Theresa Sutton in Support of Plaintiffs' Response to Finnegan's Motion to Withdraw as Counsel for Defendant Winston Williams Dkt. #: 256 · Declaration of Theresa A. Sutton in Support of Plaintiffs' Motion to Seal Portions of Their Motion for Partial Summary Judgment;, Declaration of Chris Shiflett, Exhibits 1, 2, 3 to the Declaration of

Dkt. #: 245 Exhibit s K, L-1, M-1 to the Declaration of Theresa Sutton in Support of Plaintiffs' Response to Finnegan's Motion to Withdraw as Counsel for Defendant Winston Williams

Dkt. #: 251 · Motion for Partial Summary Judgment Re Defendants' Liability Pursuant to California Penal Code Section 502(c) and 15 U.S.C. § 7704(a)(1) and 15 U.S.C. § 7704(b)(1) Dkt. #: 253 · Declaration of Chris Shiflett in Support · Exhibit 1, 2, 3, 4, 5, 6, to the Declaration of 2

Unopposed

[JOINT PROPOSED] ORDER RE SEALING MOTIONS 5:07-CV-01389-JW

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

(1) Identity of each sealing motion by docket number and caption

(2) Declarations in support of the sealing requested

(3) Documents and exhibits to be sealed

(4) Documents and Exhibits that designating party withdraws its designation

(5) Whether motion to seal is opposed

Including Exhibits 1-3; And Exhibits 1, 2, And 4 To The Declaration Of Monte M.F. Cooper In Support Thereof

Chris Shiflett, Exhibits 1, 2, 4 to Declaration of the Monte M.F. Cooper in Support · No declaration filed by defendants in support of Exhibits 4, 5, 6, to the Declaration of Chris Shiflett in Support and Exhibits 6-7, 1012, 28-34, 36-38, 40-43, 45-48, 50-55, 57-59, 61, 63-64 to the Declaration of Monte M.F. Cooper

Chris Shiflett in Support Dkt. #: 252 · Exhibit s 1, 2, 4, 6-7, 10-12, 28-34, 36-38, 4043, 45-48, 50-55, 57-59, 61, 63-64 to the Declaration of Monte M.F. Cooper

Dkt#: 274 Caption: Plaintiffs' Motion To Seal Portions Of Their Motion To Compel Compliance By Defendants Pacific Northwest Software And Winston Williams With Order Granting Motion To Compel Supplemental Interrogatory Responses; And Exhibits 3-6, 9 And 11-13 To The Declaration Of Monte M.F. Cooper In Support Thereof; And The Declaration Of Chris Shiflett In Support Thereof
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Dkt. #: 275 No declaration filed by defendants in support of all documents and exhibits to seal has been filed. · Motion to Compel Compliance by Defendants Pacific Northwest Software and Winston Williams with Order Granting Motion to Compel Supplemental Interrogatory Responses Dkt. #: 272 · Exhibit s 3-6, 9, 1113, to the Declaration of Monte M.F. Cooper in Support Dkt. #: 273 · Declaration of Chris Shiflett and Exhibits 1, 1A, 2, 3 to the Declaration of Chris Shiflett 3

Unopposed

[JOINT PROPOSED] ORDER RE SEALING MOTIONS 5:07-CV-01389-JW

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

(1) Identity of each sealing motion by docket number and caption

(2) Declarations in support of the sealing requested

(3) Documents and exhibits to be sealed

(4) Documents and Exhibits that designating party withdraws its designation

(5) Whether motion to seal is opposed

Including Exhibits 1, 1A, 2-3 Dkt#: 302 Caption : "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 Opposition to Plaintiffs' Motion for Partial Summary Judgment; Declaration of Winston Williams In Support Thereof; Declaration of G. Hunter Jones, Including Exhibit B; And Exhibits A and C to the Declaration of Scott R. Mosko In Support Thereof" · Declaration of Scott R. Mosko (found at the end of the motion for sealing, Dk # 302)

Dkt. #: 292 · The Highlighted And Unredacted Version of Defendants ConnectU LLC, Pacific Northwest Software, Inc., Winston Williams, and Wayne Chang's Opposition to Plaintiffs' Motion for Partial Summary Judgment Dkt. #: 290 Declaration of Winston Williams in support thereof Dkt. #: 306 · Declaration of Yvonne Greer In Support of Sealing Exhibit B to the Declaration of G. Hunter Jones Dkt. #: 305 · Declaration of Theresa A. Sutton In Support of Sealing Exhibit A to the Declaration of Scott Mosko Dkt. #: 315 · Declaration of Yvonne P. Greer In Support of Sealing Exhibits A, E, F, G, H to the Declaration of Theresa A. Dkt. #: 297 Declaration of G. Hunter Jones, Including Exhibit B in support thereof

Unopposed

Dkt. #s: 298, 299 Exhibits A and C to the Declaration of Scott R. Mosko in support thereof

Dkt#: 313 Caption: Plaintiffs' Motion To Seal Exhibits A And E-H To The Declaration Of Theresa A. Sutton In Support Of Its Reply In Support Of Motion For
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Dkt. #: 316 · Exhibit s A, E, F, G, H to the Declaration of Theresa A. Sutton in Support of its Reply in Support of Motion for Partial Summary Judgment 4

Unopposed

[JOINT PROPOSED] ORDER RE SEALING MOTIONS 5:07-CV-01389-JW

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

(1) Identity of each sealing motion by docket number and caption

(2) Declarations in support of the sealing requested

(3) Documents and exhibits to be sealed

(4) Documents and Exhibits that designating party withdraws its designation

(5) Whether motion to seal is opposed

Partial Summary Judgment Re Defendants' Liability Pursuant To California Penal Code Section 502(c) And 15 U.S.C. § 7704(a)(1) And 15 U.S.C. § 7704(b)(1) And Exhibits 1-3, 5 And 7 To The Declaration Of I. Neel Chatterjee In Support Of Reply In Support Of Motion To Compel Compliance By Pacific Northwest Software And Winston Williams With Order Granting Motion To Compel Supplemental Interrogatory Responses Dkt#: 321 Caption : "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 In Support Thereof"
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Sutton in Support of its Reply in Support of Motion for Partial Summary Judgment · No declaration has been filed by defendants in support of Exhibits 1-3, 5, 7 to the Declaration of I. Neel Chatterjee in Support of Reply in Support of Motion to Compel Compliance Dkt. #: 317 · Exhibit s 1-3, 5, 7 to the Declaration of I. Neel Chatterjee in Support of Reply in Support of Motion to Compel Compliance

Dkt. #: 322 Supporting Declaration of Scott Mosko (found at the end of the motion for sealing, Dk # 321) · 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; Dkt. #: 323 Declaration of Winston Williams in support thereof

Unopposed

5
[JOINT PROPOSED] ORDER RE SEALING MOTIONS 5:07-CV-01389-JW

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

(1) Identity of each sealing motion by docket number and caption

(2) Declarations in support of the sealing requested

(3) Documents and exhibits to be sealed

(4) Documents and Exhibits that designating party withdraws its designation

(5) Whether motion to seal is opposed Unopposed

Dkt#: 328 Caption: Plaintiffs' Motion To Seal Exhibits B-D To The Declaration Of Yvonne Greer Submitting Supplemental Evidence In Support Of Plaint iffs' Motion For Partial Summary Judgment [Doc. 251] And Motion To Compel Compliance By Pacific Northwest Software and Winston Williams [Doc. 271] Dkt#: 333 Caption: Plaint iffs' 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 No declaration has been filed in support of Exhibits B, C, D to the Declaration of Yvonne Greer Submitting Supplemental Evidence

Dkt. #: 327 · Exhibit s B, C, D to the Declaration of Yvonne Greer Submitting Supplemental Evidence

Dkt. 334 Declaration of Theresa A. Sutton Pursuant to Civ.L.R. 7-11 and 79-5(b)

Dkt. #: 329. · Facebook, Inc. and Mark Zuckerberg's Confidential Motion with [Proposed] Order Granting Confidential Motion Dkt. #: 330 · Declaration of Theresa A. Sutton in Support of Facebook, Inc. and Mark Zuckerberg's Confidential Motion · Exhibit s A and B to the Declaration of Theresa A. Sutton Dkt. #: 331 · Declaration of Greg Roussel in Support of Facebook, Inc. and Mark Zuckerberg's Confidential Motion

Unopposed

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6
[JOINT PROPOSED] ORDER RE SEALING MOTIONS 5:07-CV-01389-JW

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

(1) Identity of each sealing motion by docket number and caption

(2) Declarations in support of the sealing requested

(3) Documents and exhibits to be sealed

(4) Documents and Exhibits that designating party withdraws its designation

(5) Whether motion to seal is opposed

· Exhibit s A through C to the Declaration of Greg Roussel Dkt. #: 332 · Declaration of Mark Howitson in Support of Facebook, Inc. and Mark Zuckerberg's Confidential Motion Dkt. #: 357 · Administrative Request Pursuant to Civil L.R. 7-11 · Declaration of I. Neel Chatterjee in Support of Administrative Request · Exhibit s A and B to the Declaration of I. Neel Chatterjee · [Proposed] Order Granting Administrative Request Dkt. #: 361 Declaration of Evan A. Parke In Support of ConnectU's Administrative Motion to Seal (1) ConnectU's Opposition to Plaintiffs' Administrative Request Pursuant to Civil L.R. 711; (2) Declaration of Evan A. Parke 7
[JOINT PROPOSED] ORDER RE SEALING MOTIONS 5:07-CV-01389-JW

Dkt #: 355 Caption: Plaintiffs' Administrative Motion to Seal: (1) Administrative Request Pursuant to Civil L.R. 7-11; (2) Declaration of I. Neel Chatterjee in Support of Administrative Request, and Exhibits Attached Thereto; (3) Proposed Order Granting Administrative Request Dkt#: 360 Caption : "ConnectU's Administrative Motion to Seal: (1) ConnectU's Opposition to Plaintiffs' Administrative Request Pursuant to Civil L.R. 7-11; (2) Declaration of Evan A. Parke and exhibits in support thereof; and
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Dkt. #: 356. Declaration of Theresa A. Sutton Pursuant to Civ.L.R. 7-11 and 79-5(b)

Unopposed

Not e-filed · ConnectU's Opposition to Plaintiffs' Administrative Request Pursuant to Civil L.R. 711; Declaration of Evan A. Parke and all exhibits attached thereto [Proposed] Order on Administrative Request pursuant to Civil L.R. 711.

Unopposed

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

(1) Identity of each sealing motion by docket number and caption

(2) Declarations in support of the sealing requested

(3) Documents and exhibits to be sealed

(4) Documents and Exhibits that designating party withdraws its designation

(5) Whether motion to seal is opposed

(3) [Proposed] Order and exhibits in on Administrative support thereof; Request pursuant to and Civil L.R. 7-11." (3) [Proposed] Order on Administrative Request pursuant to Civil L.R. 711. Dkt #: 368 Dkt. #: 369 Dkt #: 366: Caption: Plaintiffs' Administrative Motion to Seal: (1) Administrative request for Leave to File Reply to, and Motion to Strike Portions of, ConnectU, Inc's Opposition; (2) [Proposed] Order Granting Administrative Request for Leave to File Pursuant to Civil L.R. 7-11; (3) Declaration of Yvonne P. Greeer, and Exhibits, in Support of Plaintiffs' Administrative Request for Leave to File Pursuant to Civil L.R. 7-11. Dkt#: 371 Caption : "ConnectU's Administrative Motion to Seal: (1) ConnectU's Notice and Motion for Expedited Discovry and
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Unopposed

Declaration of Theresa A. Sutton Pursuant to Civ.L.R. 7-11 and 79-5(b)

· Administrative request for Leave to File Reply to, and Motion to Strike Portions of, ConnectU, Inc's Opposition · [Proposed] Order Granting Administrative Request for Leave to File Pursuant to Civil L.R. 7-11 · Declaration of Yvonne P. Greer in Support of Plaintiffs' Administrative Request for Leave to File Pursuant to Civil L.R. 711 · Exhibit s A and B to the Declaration of Yvonne P. Greer

Dkt. #: 372 Declaration of Evan A. Parke In Support Of ConnectU's Administrative Motion to Seal (1) ConnectU's Notice and

Dkt. #: 374 · Declaration of Evan A. Parke in Support of ConnectU, Inc.'s Motion for Expedited Discovery and Evidentiary Hearing, and all exhibits attached thereto 8

Unopposed

[JOINT PROPOSED] ORDER RE SEALING MOTIONS 5:07-CV-01389-JW

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

(1) Identity of each sealing motion by docket number and caption

(2) Declarations in support of the sealing requested

(3) Documents and exhibits to be sealed

(4) Documents and Exhibits that designating party withdraws its designation

(5) Whether motion to seal is opposed

Evidentiary Hearing; Motion for Expedited (2) Declaration of Discovry and Evan A. Parke, Evidentiary Cameron Hearing; Winklevoss, Robert T. Clarkson, and (2) Declaration Donna M. of Evan A. Hitcherich and Parke, Cameron exhibits in support Winklevoss, thereof, Robert T. Clarkson, and (3) [Proposed] Order Donna M. on Motion for Hitcherich and Expedited Discovery exhibits in and Evidentiary support thereof, Hearing, (3) [Proposed] (4) ConnectU's Order on Motion Motion to Shorten for Expedited Time and Discovery and Declaration of Evan Evidentiary A. Parke in support, Hearing, and (4) ConnectU's (5) [Proposed] Order Motion to on ConnectU's Shorten Time Motion to Shorten and Declaration Time." of Evan A. Parke in support, and (5) [Proposed] Order on ConnectU's Motion to Shorten Time. Dkt. # 377 Declaration of Kalama M. LuiKwan in Support of Administrative Motion by NonParties R. Gregory Roussel and Fenwick & West LLP to

ConnectU's Notice and Motion for Expedited Discovery and Evidentiary Hearing Declaration of Cameron Winklevoss Declaration of Robert T. Clarkson Declaration of Donna M. Hitcherich [Proposed] Order on Motion for Expedited Discovery and Evidentiary Hearing [Proposed] Order on ConnectU's Motion to Shorten Time.

Dkt #: 376 Caption: Administrative Motion by NonParties R. Gregory Roussel and Fenwick & West LLP to Seal: (1) Notice of Motion and Motion to Quash and for Protective
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Dkt. #: 378 · Motion to Quash and for Protective Order; [Proposed] Order Dkt #: 379 · Declarat ion of Kalama M. Lui-Kwan in Support of Motion to Quash and for Protective Order 9

Unopposed

[JOINT PROPOSED] ORDER RE SEALING MOTIONS 5:07-CV-01389-JW

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

(1) Identity of each sealing motion by docket number and caption

(2) Declarations in support of the sealing requested

(3) Documents and exhibits to be sealed

(4) Documents and Exhibits that designating party withdraws its designation

(5) Whether motion to seal is opposed

Order; Seal Documents Memorandum of Points and Authorities; (2) Declaration of Kalama M. LuiKwan in Support of Motion to Quash and for Protective Order; (3) [Proposed] Order Granting Motion to Quash and for Protective Order (4) Miscellaneous Administrative Request by R. Gregory Roussel to Change Time of Deposition Pursuant to Civil Local Rule 7-11 (5) Declaration of Kalama M. LuiKwan in Support of Request by R. Gregory Roussel to Change Time of Deposition Pursuant to Civil Local Rule 7-11 (6) [Proposed] Order Granting Miscellaneous Administrative Request by R. Gregory Roussel to Change Time of Deposition Dkt#: 383 Dkt. #: 384 Caption : "ConnectU's Administrative Motion to Seal: (1) ConnectU, Inc.'s Opposition to Facebook's Administrative Request For Leave
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· Exhibit A to the Declaration of Kalama M. Lui-Kwan Dkt. #: 380 · Administrative Request by R. Gregory Roussel to Change Time of Deposit ion Pursuant to Civil Local Rule 711; [Proposed] Order Dkt. #: 381 · Declaration of Kalama M. Lui-Kwan in Support of Miscellaneous Administrative Request by R. Gregory Roussel to Change Time of Deposition Pursuant to Civil Local Rule 7-11 · Exhibit A Declaration of Kalama M. Lui-Kwan in Support of Miscellaneous Administrative Request by R. Gregory Roussel

Dkt. #: 386

Unopposed

Declaration of Steven C. Holtzman In Support Of ConnectU's Administrative Motion to Seal

· ConnectU, Inc.'s Opposition to Facebook's Administrative Request For Leave To File Reply To, And Motion To Strike Portions Of, ConnectU's Opposition (1) ConnectU, To Plaintiff's Inc.'s Opposition Administrative Request 10
[JOINT PROPOSED] ORDER RE SEALING MOTIONS 5:07-CV-01389-JW

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

(1) Identity of each sealing motion by docket number and caption

(2) Declarations in support of the sealing requested

(3) Documents and exhibits to be sealed

(4) Documents and Exhibits that designating party withdraws its designation

(5) Whether motion to seal is opposed

To File Reply To, And Motion To Strike Portions Of, ConnectU's Opposition To Plaintiff's Administrative Request Pursuant To Civil L.R. 7-11; and

to Facebook's Administrative Request For Leave To File Reply To, And Motion To Strike Portions Of, ConnectU's Opposition To Plaintiff's (2) [Proposed] Order Administrative Denying Plaintiffs' Request Pursuant Admin Request For To Civil L.R. 7Leave To File Reply 11; and To, And Motion To Strike Portions Of, (2) [Proposed] ConnectU's Order Denying Opposition To Plaintiffs' Plaintiffs' Admin Request Administrative For Leave To Request Pursuant To File Reply To, Civil L.R. 7-11." And Motion To Strike Portions Of, ConnectU's Opposition To Plaintiffs' Administrative Request Pursuant To Civil L.R. 711. Dkt #: 393 Dkt. #: 394 Caption : "ConnectU's Administrative Motion to Seal: (1) Administrative Request Pursuant to Civil L.R. 7-11 To Reschedule Hearing On Facebook And Mark Zuckerberg's Motion to Enforce Alleged Settlement Agreement; (2) Declaration of
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Pursuant To Civil L.R. 7-11 [Proposed] Order Denying Plaintiffs' Admin Request For Leave To File Reply To, And Motion To Strike Portions Of, ConnectU's Opposition To Plaintiffs' Administrative Request Pursuant To Civil L.R. 7-11.

Dkt. #: 396 · ConnectU, Inc.'s Reply in Support of Motion to Shorten Time for Motion For Expedited Discovery and Evidentiary Hearing Administrative Request Pursuant to Civil L.R. 7-11 To Reschedule Hearing On Facebook And Mark Zuckerberg's Motion to Enforce Alleged Settlement Agreement 11

Unopposed

Declaration of Steven C. Holtzman In Support Of ConnectU's Administrative Motion to Seal (1) Administrative Request Pursuant to Civil L.R. 711 To Reschedule Hearing On Facebook And

[JOINT PROPOSED] ORDER RE SEALING MOTIONS 5:07-CV-01389-JW

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

(1) Identity of each sealing motion by docket number and caption

(2) Declarations in support of the sealing requested

(3) Documents and exhibits to be sealed

(4) Documents and Exhibits that designating party withdraws its designation

(5) Whether motion to seal is opposed

Steven C. Holtzman in support thereof;

Mark Zuckerberg's Motion to (3) [Proposed] Order Enforce Alleged Granting Settlement ConnectU's Agreement; Administrative Request Pursuant To (2) Declaration Civil L.R. 7-11 To of Steven C. Reschedule Hearing Holtzman in ON Facebook and support thereof; Mark Zuckerberg's Motion to Enforce (3) [Proposed] Alleged Settlement Order Granting Agreement; and ConnectU's Administrative (4) ConnectU, Inc.'s Request Pursuant Reply in Support of To Civil L.R. 7Motion to Shorten 11 To Time for Motion For Reschedule Expedited Discovery Hearing ON and Evidentiary Facebook and Hearing Mark Zuckerberg's Motion to Enforce Alleged Settlement Agreement; and

Declaration of Steven Holtzman in support thereof and attached exhibits [Proposed] Order Granting ConnectU's Administrative Request Pursuant To Civil L.R. 7-11 To Reschedule Hearing ON Facebook and Mark Zuckerberg's Motion to Enforce Alleged Settlement Agreement

Dkt #: 401 Caption: Plaint iffs' Administrative Motion to Seal: (1) Plaintiff's Opposition to ConnectU's [May 23, 2008]
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(4) ConnectU, Inc.'s Reply in Support of Motion to Shorten Time for Motion For Expedited Discovery and Evidentiary Hearing Dkt. #: 402 Dkt #: 399 Declaration of Theresa A. Sutton Pursuant to Civil Local Rule 7-11 and 79-5(B) · Plaint iff's Opposition to ConnectU's [May 23, 2008] Administrative Request Pursuant to Civil L.R. 7-11 12

Unopposed

[JOINT PROPOSED] ORDER RE SEALING MOTIONS 5:07-CV-01389-JW

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

(1) Identity of each sealing motion by docket number and caption

(2) Declarations in support of the sealing requested

(3) Documents and exhibits to be sealed

(4) Documents and Exhibits that designating party withdraws its designation

(5) Whether motion to seal is opposed

Administrative Request Pursuant to Civil L.R. 7-11; (2) [Proposed] Order Denying ConnectU's [May 23, 2008] Administrative request Pursuant to Civil L.R. 7-11; (3) Declaration of Theresa Sutton in Support of Plaintiffs' Opposition to ConnectU's [May 23, 2008] Administrative Request Pursuant to Civil L.R. 7-11. Dkt#: 404 Dkt. #: 405 Caption : "ConnectU's Administrative Motion to Seal: (1) ConnectU, Inc.'s Opposition to Facebook, Inc. and Mark Zuckerberg's Confidential Motion to Enforce Settlement Agreement; (2) Second Declaration of Evan A. Parke in support thereof, (3) Supplemental Declaration of Robert T. Clarkson in support thereof (4) Declaration of Robert T. Clarkson in support thereof
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· [Proposed] Order Denying ConnectU's [May 23, 2008] Administrative request Pursuant to Civil L.R. 711 · Declaration of Theresa Sutton in Support of Plaintiffs' Opposition to ConnectU's [May 23, 2008] Administrative Request Pursuant to Civil L.R. 7-11.

Dkt. #: 407 · Second Declaration of Evan A. Parke and all Exhibits attached thereto ConnectU's Notice and Motion for Expedited Discovery and Evidentiary Hearing Declaration of Cameron Winklevoss Declaration of Robert T. Clarkson Declaration of Donna M. Hitscherich

Unopposed

Declaration of Steven C. Holtzman In Support of ConnectU's Administrative Motion to Seal (1) ConnectU, Inc.'s Opposition to Facebook, Inc. and Mark Zuckerberg's Confidential Motion to Enforce Settlement Agreement; (2) Second Declaration of Evan A. Parke in support thereof,

[Proposed] Order Denying The Confidential motion By The Facebook, Inc. and Mark Zuckerberg To (3) Supplemental Enforce A Purported Declaration of Settlement Agreement Robert T. 13
[JOINT PROPOSED] ORDER RE SEALING MOTIONS 5:07-CV-01389-JW

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

(1) Identity of each sealing motion by docket number and caption

(2) Declarations in support of the sealing requested

(3) Documents and exhibits to be sealed

(4) Documents and Exhibits that designating party withdraws its designation

(5) Whether motion to seal is opposed

(5) Declaration of Cameron Winklevoss in support thereof (6) Corrected Declaration of Donna Hitscherich in support thereof; and (7) [Proposed] Order Denying The Confidential motion By The Facebook, Inc. and Mark Zuckerberg To Enforce A Purported Settlement Agreement"

Clarkson in support thereof (4) Declaration of Robert T. Clarkson in support thereof (5) Declaration of Cameron Winklevoss in support thereof (6) Corrected Declaration of Donna Hitscherich in support thereof; and (7) [Proposed] Order Denying The Confidential motion By The Facebook, Inc. and Mark Zuckerberg To Enforce A Purported Settlement Agreement Dkt. #: 410 Declaration of Steven C. Holtzman In Support of ConnectU's Administrative Motion to Seal:

Dkt #: 409 Caption : "ConnectU's Administrative Motion to Seal: (1) ConnectU, Inc.'s Opposition to Motion to Quash; (2) Second Declaration of Evan A. Parke in support thereof; (3) Supplemental Declaration of Robert T. Clarkson
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Dkt. #: 412 · Second Declaration of Evan A. Parke and all Exhibits attached thereto ConnectU, Inc.'s Opposition to Motion to Quash

Unopposed

(1) ConnectU, Inc.'s Opposition to Motion to Declaration of Quash; Cameron Winklevoss (2) Second Declaration of Evan A. Parke in support thereof;

Declaration of Robert T. Clarkson Declaration of Donna 14
[JOINT PROPOSED] ORDER RE SEALING MOTIONS 5:07-CV-01389-JW

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

(1) Identity of each sealing motion by docket number and caption

(2) Declarations in support of the sealing requested

(3) Documents and exhibits to be sealed

(4) Documents and Exhibits that designating party withdraws its designation

(5) Whether motion to seal is opposed

in support thereof; (4) Declaration of Robert T. Clarkson in support thereof; (5) Declaration of Cameron Winklevoss in support thereof; (6) Corrected Declaration of Donna Hitscherich in support thereof; and (7) [Proposed] Order Denying The Motion To Quash And For A Protective Order Filed By Fenwick & West LLP And Gregory Roussel

(3) Supplemental Declaration of Robert T. Clarkson in support thereof; (4) Declaration of Robert T. Clarkson in support thereof; (5) Declaration of Cameron Winklevoss in support thereof; (6) Corrected Declaration of Donna Hitscherich in support thereof; and (7) [Proposed] Order Denying The Motion To Quash And For A Protective Order Filed By Fenwick & West LLP And Gregory Roussel Dkt. # 418 Declaration of Kalama M. LuiKwan in Support of Administrative Motion by NonParties R. Gregory Roussel and Fenwick & West LLP to Seal Documents

M. Hitscherich [Proposed] Order Denying The Motion To Quash And For A Protective Order Filed By Fenwick & West LLP And Gregory Roussel

Dkt#: 415 & 425 Caption : Administrative Motion by NonParties R. Gregory Roussel and Fenwick & West LLP to Seal: (1) Reply in Support of Motion to Quash and for Protective Order; (2) Corrected Declaration of Kalama M. LuiOHS West:260454320.1

Dkt. #: 415 · Reply in Support of Motion to Quash and for Protective Order Dkt. #: 416 · Corrected Declaration of Kalama M. Lui-Kwan in Support of Motion to Quash and for Protective Order

Unopposed

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[JOINT PROPOSED] ORDER RE SEALING MOTIONS 5:07-CV-01389-JW

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(1) Identity of each sealing motion by docket number and caption

(2) Declarations in support of the sealing requested

(3) Documents and exhibits to be sealed

(4) Documents and Exhibits that designating party withdraws its designation

(5) Whether motion to seal is opposed

Kwan in Support of Motion to Quash and for Protective Order Dkt#: 426 Dkt. #: 427 Caption: Plaint iffs' Administrative Motion to Seal: (1) Plaintiffs' Reply in Support of Confidential Motion; (2) Declaration of I. Neel Chatterjee and Exhibits in Support Thereof; (3) Declaration of Atulya Sarin, Ph.D. and Exhibits in Support Thereof; (4) Declaration of Ted Wang in Support Thereof; (5) Plaintiffs' Objections to and Motion to Strike Evidence Submitted in ConnectU's Opposition to Plantiffs' Confidential Motion Declaration of Theresa A. Sutton Pursuant to Civil Local Rule 7-11 and 79-5(B) in Support of Plaintiffs' Administrative Motion to Seal [Dkt#: 427]

Dkt. #: 420 · Plaint iffs' Reply in Support of Confidential Motion Dkt. #: 421 · Declaration of I. Neel Chatterjee in Support of Plaintiffs' Reply in Support of Confidential Motion · Exhibit s A through G to the Declaration of I. Neel Chatterjee Dkt. # 422 · Declaration of Atulya Sarin, Ph.D. in Support of Plaintiffs' Reply in Support of Confidential Motion · Exhibit s 1 and 2 to the Declaration of Atulya Sarin, Ph.D. Dkt. # 423 · Declaration of Ted Wang in Support Facebook, Inc. and Mark Zuckerberg's Confidential Motion Dkt. # 424 · Plaint iffs' Objections to and Motion to Strike Evidence Submitted in ConnectU's Opposition to Plantiffs' Confidential Motion

Unopposed

OHS West:260454320.1

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[JOINT PROPOSED] ORDER RE SEALING MOTIONS 5:07-CV-01389-JW

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Position Statement by Defendant ConnectU, Inc. ("ConnectU"):

It is the position of

2 ConnectU that Facebook has not met its burden of showing that all of the information found in 3 Facebook's April 23, 2008, motion to enforce and supporting papers, and all o f the informat ion found in 4 related motions (the subject of the various motions to seal filed by the parties between April 23, 2008, 5 and June 9, 2008) should be filed under seal; ConnectU's attempts to obtain consent from Facebook to 6 de-designate were unsuccessful. By including the information in the chart (above), ConnectU does not 7 waive any arguments or rights as to (i) the admissibility or inadmissibility of evidence surrounding the 8 mediation term sheet and the mediation, (ii) the scope and unenforceability of any confidentiality 9 provision of any agreement, (iii) the unenforceability of any purported agreement, and (iv) revisiting the 10 issue of de-designation should the Court at the present time grant all sealing motions but ultimately deny 11 Facebook's April 23, 2008, motion. 12 Upon good cause shown, IT IS HEREBY ORDERED

13 _________that the motions filed by the parties are GRANTED, and that the above-listed documents shall 14 be filed under seal in their entireties by the Clerk. 15 [or] 16 _________ that the motions filed by the parties are GRANTED with respect to motions to seal filed 17 before April 23, 2008, and that the Court DENIES the motions to file under seal relating to filings on or 18 after April 23, 2008, which relate to Facebook's "Confidential Motion" filed on April 23, 2008.1 19 20 21 22 23 24 25 26 Plaint iffs do not agree with this alternative proposed order. The parties agreed to keep the terms of the 27 Settlement Agreement confidential. Further, any defendant's opposition(s) to the proposed sealing are now untimely to the extent more than three days have passed since the request was filed. Civil L.R. 728 11(b).
OHS West:260454320.1 1

IT IS SO ORDERED. Dated: Honorable James Ware United States District Judge

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[JOINT PROPOSED] ORDER RE SEALING MOTIONS 5:07-CV-01389-JW