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

Filing 592

Declaration of I. Neel Chatterjee in Support of 591 Memorandum in Opposition, filed byMark Zuckerberg, The Facebook, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1 - Notice of Manual Filing, # 3 Exhibit 2 (Public Version), # 4 Exhibit 2 - Notice of Manual Filing, # 5 Exhibit 3 - Notice of Manual Filing, # 6 Exhibit 4 - Notice of Manual Filing, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7)(Related document(s) 591 ) (Chatterjee, I.) (Filed on 8/4/2008)

EXHIBIT 1 (PUBLIC-REDACTED VERSION)

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------ x CONNECTU, INC., HOWARD WINKLEVOSS, : : CAMERON WINKLEVOSS, TYLER WINKLEVOSS AND DIVYA NARENDRA, : : Index No. : Petitioners, v. : : QUINN EMANUEL URQUHART OLIVER & : : HEDGES, LLP, Respondent. : : ------------------------------------------------------------ x

AFFIRMATION OF SEAN F. O'SHEA IN SUPPORT OF PETITIONERS' APPLICATION FOR A PERMANENT STAY PURSUANT TO 7503(b) AND FOR A TEMPORARY STAY PENDING DETERMINATION OF THE APPLICATION FOR PERMANENT STAY SEAN F. O'SHEA, an attorney duly admitted to practice in the courts of the State of New York, affirms: 1. I am a member of the firm of O'Shea Partners LLP, attorneys for Petitioners. I submit this affirmation in support of Petitioners' Application for (a) a Permanent Stay, pursuant to CPLR 7503(b), of the Arbitration referenced; and (b) a temporary stay of the referenced Arbitration pending the Court's determination of Petitioners' Application for a Permanent Stay. A Permanent Stay Should Be Granted 2. A true and correct copy of the September 17, 2007 engagement letter ("Engagement Letter") between Quinn Emanuel Urquhart Oliver & Hedges, LLP ("Quinn Emanuel") and Petitioners is annexed hereto as Exhibit A.

10. The Court should grant a temporary stay of the referenced Arbitration pending its determination of Petitioners' Application for a Permanent Stay of Arbitration. 11. First, if the temporary stay is not granted, Petitioners will be forced either (i) to participate in the Arbitration, in which case the Application may be rendered moot as Petitioners could prejudice their right to object to arbitrability in court, or (ii) to allow the Arbitration to proceed without their participation, which may severely prejudice them in the Arbitration should the Court ultimately decide that the dispute is arbitrable. To avoid such inadvertent inequity from occurring, a temporary stay of the Arbitration should be granted. 12. Second, there is no particular urgency to the resolution of Respondent's claim for attorney's fees and Respondent will not be prejudiced by a temporary stay. The proceeds of the alleged settlement upon which Respondent's claim for attorney's fees is based, have been ordered into an escrow to be maintained by a Special Master by Order of the U.S. District Court in California. 13. Third, Petitioners claim for legal fees are not ripe, as the federal action upon which the contingent fee demand is based, is ongoing. Petitioners are appealing the order enforcing the settlement. 14. Fourth, a temporary stay of the arbitration will benefit all parties because all parties will be spared from the expenses of proceeding with the arbitration of a dispute that this Court may ultimately deem not subject to arbitration. 15. Fifth, Respondent cannot claim prejudice because until July 3, 2008, the referenced Arbitration had been held in abeyance pursuant to Respondent's representation to Petitioners and to the AAA that he would proceed in court. Respondent was more than content with the arbitration being held in abeyance for over two months without any claim of prejudice.

3

Exhibit A

Exhibit B

Name: Company Name: Address: Telephone: Fax: Email: Include in caption:

Howard Winklevoss null Two Greenwich Office Park Greenwich, CT 06831 203-861-5500 null null Individual

Representatives
Name: Company Name: Address: Telephone: Fax: Email: David Barrett Boies, Schiller & Flexner LLP 575 Lexington Avenue New York, NY 10022 212-446-2300 null [e-mail]

Respondent 2 Cameron Winklevoss Type of Business: Unknown / Blank Demand
Name: Company Name: Address: Telephone: Fax: Email: Include in caption: Cameron Winklevoss null Two Greenwich Office Park Greenwich, CT 06831 203-861-5500 null null Individual

Representatives
Name: Company Name: Address: Telephone: Fax: Email: David Barrett Boies, Schiller & Flexner LLP 575 Lexington Avenue New York, NY 10022 212-446-2300 null [e-mail]

Respondent 3 Tyler Winklevoss Type of Business: Unknown / Blank Demand
Name: Company Name: Address: Telephone: Fax: Email: Include in caption: Tyler Winklevoss null Two Greenwich Office Park Greenwich, CT 06831 203-861-5500 null null Individual

Representatives
Name: Company Name: David Barrett Boies, Schiller & Flexner LLP

Address: Telephone: Fax: Email:

575 Lexington Avenue New York, NY 10022 212-446-2300 null [e-mail]

Respondent 4 Divya Narendra Type of Business: Unknown / Blank Demand
Name: Company Name: Address: Telephone: Fax: Email: Include in caption: Divya Narendra null Two Greenwich Office Park Greenwich, CT 06831 203-861-5500 null null Individual

Representatives
Name: Company Name: Address: Telephone: Fax: Email: David Barrett Boies, Schiller & Flexner LLP 575 Lexington Avenue New York, NY 10022 212-446-2300 null [e-mail]

Respondent 5 Type of Business: Service / Product Provider
Name: Company Name: Address: Telephone: Fax: Email: Include in caption: ConnectU, Inc. Two Greenwich Office Park Greenwich, CT 06831 203-861-5500 null null Company

Representatives
Name: Company Name: Address: Telephone: Fax: Email: David Barrett Boies, Schiller & Flexner LLP 575 Lexington Avenue New York, NY 10022 212-446-2300 null [e-mail]

To institute proceedings, please send a copy of this form and the Arbitration Agreement to the opposing party. Your demand/submission for arbitration/mediation has been received on 04/24/2008 09:28 EST.