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

Filing 657

MOTION Administrative Relief to correct 653 Order filed by Mark Zuckerberg, The Facebook, Inc.. (Attachments: # 1 Proposed Order)(Sutton, Theresa) (Filed on 11/10/2008) Modified on 11/12/2008 (cv, COURT STAFF).

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

Doc. 65

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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 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 PLAINTIFFS' MOTION FOR ADMINISTRATIVE RELIEF, PURSUANT TO CIVIL LOCAL RULE 7-11, TO CORRECT NOVEMBER 3, 2008, ORDER DIRECTING SPECIAL MASTER TO DELIVER PROPERTY

OHS West:260547467.2

ADMIN REQUEST FOR CORRECTION 5:07-CV-01389-JW

Dockets.Justia.com

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Pursuant to Civil Local Rule 7-11, Plaintiffs request that the Court correct a factual error in its November 3, 2008, Order Directing the Special Master to Deliver the Property Being Held in Trust to the Parties in Accordance with the terms of their Settlement Agreement. Doc. No. 653. In that Order, the Court wrote that "On June 25, 2008, over objections by ConnectU and the Founders (collect ively, "ConnectU"), the Court granted the motion to enforce the Agreement." Id., 1:22-23 (emphasis added). In fact, the Founders did not object to enforcement of the Settlement Agreement. Instead, on July 29, 2008, nearly one month after the Court issued its Order Granting Motion to Enforce, the Founders filed a Motion to Intervene. Doc. No. 574. Indeed, the Founders, Tyler and Cameron Winklevoss and Divya Narendra, went out of their way to stay out of the enforcement proceedings. Counsel for the Founders did not file an opposition, present argument at the hearing on the Motion to Enforce or expressly join ConnectU's argument during the motion to enforce proceedings. See 6/23/08 Hr'g Trans, 3:224:22. Furthermore, counsel for ConnectU made clear during the June 23, 2008, hearing, that only ConnectU was before the Court that day to oppose Plaintiffs' Motion to Enforce: Mr. Barrett: Your Honor, thank you very much. David Barrett from Boies, Schiller & Flexner representing ConnectU, which I should note is the only party that -- on the defendant's side which is properly before this Court. ... So that's the reason that I only appear today in this Court on behalf of ConnectU. 6/23/08 Hr'g Trans., 15:2-13. Plaint iffs, therefore, request that the Court strike from the November 3, 2008, Order, the language: "and the Founders (collectively, "ConnectU")" to comport with the record in this case. Id.

November 10, 2008 /s/ Theresa A. Sutton /s/ Theresa A. Sutton

OHS West:260547467.2

ADMIN REQUEST FOR CORRECTION 5:07-CV-01389-JW

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OHS West:260547467.2

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 November 10, 2008. Dated: November 10, 2008. Respect fully submitted, /s/ Theresa A. Sutton /s/ Theresa A. Sutton

ADMIN REQUEST FOR CORRECTION 5:07-CV-01389-JW