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

Filing 641

MOTION to Seal CONFIDENTIAL EXHIBITS (EXHIBITS A, F, H, I, J, K, AND N) TO DECLARATION OF EVAN A. PARKE IN SUPPORT OF DEFENDANTS RESPONSE TO ORDER TO SHOW CAUSE filed by ConnectU LLC. (Holtzman, Steven) (Filed on 10/14/2008)

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STEVEN C. HOLTZMAN (State Bar No. 144177) [e-mail] BOIES, SCHILLER & FLEXNER LLP 1999 Harrison Street, Suite 900 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] DAVID A. BARRETT (pro hac vice) [e-mail] BOIES, SCHILLER & FLEXNER LLP 575 Lexington Ave., 7th Floor New York, NY 10022 Telephone: [phone] Facsimile: [phone] D. MICHAEL UNDERHILL (pro hac vice) [e-mail] BOIES, SCHILLER & FLEXNER LLP 5301 Wisconsin Avenue NW Washington, D.C. 20015 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant CONNECTU, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION THE FACEBOOK, INC. and MARK ZUCKERBERG, Plaintiffs, 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 DEFENDANTS' ADMINISTRATIVE MOTION TO SEAL:
CONFIDENTIAL EXHIBITS (EXHIBITS A, F, H, I, J, K, AND N) TO DECLARATION OF EVAN A. PARKE IN SUPPORT OF DEFENDANTS' RESPONSE TO ORDER TO SHOW CAUSE

DEFENDANTS' MOTION TO SEAL 5:07-CV-01389-JW

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Pursuant to Civil L.R. 7-11 and 79-5, Defendants respectfully submit this administrative motion asking the Court to file under seal the "Confidential Exhibits (Exhibits A, F, H, I, J, K, and N) to Declaration of Evan A. Parke in Support of Defendants' Response to Order to Show Cause" ("Defendants' Confidential Exhibits"). The parties entered into, and the Superior Court of California, Superior County issued, a Stipulated Protective Order on January 23, 2006, prohibiting either party from filing in the public record any documents that have been designated as "Confidential" or "Highly Confidential" pursuant to the protective order. Defendants' Confidential Exhibits contain (i) information that the Court has Ordered should be sealed, including the financial terms of the purported settlement between Plaintiffs and Defendants (see Order conditionally granting CNET's request to unseal, at Dkt. No. 473); (ii) information that has been designated by Plaintiffs as Confidential or Highly Confidential and covered by the Protective Order; (iii) information that the Master has designated as confidential in prior filings (see Dkt. No. 632); and/or (iv) information alleged by Plaintiffs to implicate confidentiality provisions found in a purported settlement agreement which is the subject of dispute between the parties.
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Defendants' respectfully request that Defendants' Confidential Exhibits remain sealed.

By filing this request to seal, Defendants do not waive any arguments or rights as to the admissibility or inadmissibility of evidence surrounding the purported agreement, nor do they waive any arguments or rights as to the enforceability or unenforceability of the purported agreement.

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DEFENDANTS' MOTION TO SEAL 5:07-CV-01389-JW

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DEFENDANTS' MOTION TO SEAL 5:07-CV-01389-JW

October 14, 2008

Respectfully submitted, /s/Steven C. Holtzman Steven C. Holtzman BOIES, SCHILLER & FLEXNER LLP Attorneys for Defendant ConnectU, Inc.

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 October 14, 2008.

Dated: October 14, 2008

/s/ Steven C. Holtzman
Steven C. Holtzman Attorney for Defendant ConnectU, Inc.