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

Filing 576

ORDER by Judge James Ware denying 573 Motion to Shorten Time (jwlc2, COURT STAFF) (Filed on 7/30/2008)

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

Doc. 576

1 2 3 4 5 6 7 8 9 10 The Facebook, Inc., et al., v. Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 07-01389 JW ORDER DENYING MOTION TO SHORTEN TIME RE: NON-PARTIES' MOTION TO INTERVENE; SETTING ACCELERATED BRIEFING SCHEDULE /

United United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ConnectU, Inc., et al., Defendants.

Presently before the Court is non-parties Tyler Winklevoss, Divya Narendra, and Cameron Winklevoss' (collectively, "Non-Parties") Motion to Intervene. (Docket Item No. 574.) The NonParties have also filed a Motion to Shorten Time to have their Motion to Intervene heard and decided on August 1, 2008. (Docket Item No. 573.) The Non-Parties contend that their Motion to Shorten Time must be granted because Federal Rule of Appellate Procedure 4, the deadline to file an appeal in this case is August 1, 2008. The Court DENIES the Non-Parties' Motion to Shorten Time since the motion was filed just three days before the requested hearing date and the parties to the action have not had sufficient time to respond. The Court issued its Judgment on July 2, 2008. The Non-Parties have had over 25 days to make their motion for intervention but elected to wait until the final hour to file their motion. The parties to the action must be provided sufficient time to respond.

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10

However, the Court notes that should the Court grant the Non-Parties' request to intervene, Rule 4(a)(5) provides that, as parties to the case, they may file a motion to extend the deadline in which to appeal within thirty days of August 1, 2008 for good cause shown. Moreover, the NonParties represent that Defendant ConnectU will be filing a notice of appeal on August 1, 2008. If that is the case, Rule 4(a)(3) provides that "any party may file a notice of appeal within 14 days after the date the first notice was filed." While the Court has determined that it would benefit from further briefing on the issue of intervention so as to avoid prejudicing the parties in this case, the Court is sensitive to the strict time limits for filing a notice of appeal set by the Federal Rules. Accordingly, the Court sets an accelerated briefing schedule with respect to Non-Parties' Motion to Intervene as follows: (1) On or before July 31, 2008, the Non-Parties shall file and serve a "pleading which sets out the claim or defenses for which intervention is sought" as required by Federal Rule of Civil Procedure 24(c). (2) Any opposition to the Non-Parties' Motion to Intervene shall be filed on or before August 4, 2008. No reply shall be filed. (3) The hearing on Non-Parties' Motion to Intervene is set for August 6, 2008 at 4:30 p.m.

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Dated: July 30, 2008

JAMES WARE United States District Judge

2

1 2 3 4 5 6 7 8 9 10

THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Chester Wren-Ming Day [e-mail] D. Michael Underhill [e-mail] David A. Barrett [e-mail] Evan A. Parke [e-mail] George C. Fisher [e-mail] George Hopkins Guy [e-mail] I. Neel Chatterjee [e-mail] Jonathan M. Shaw [e-mail] Kalama M. Lui-Kwan [e-mail] Mark Andrew Byrne [e-mail] Monte M.F. Cooper [e-mail] Rachel E. Matteo-Boehm [e-mail] Roger Rex Myers [e-mail] Scott Richard Mosko [e-mail] Sean Alan Lincoln [e-mail] Steven Christopher Holtzman [e-mail] Theresa Ann Sutton [e-mail] Tyler Alexander Baker [e-mail] Valerie Margo Wagner [e-mail] Yvonne Penas Greer [e-mail]

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Dated: July 30, 2008

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy