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

Filing 665

AMENDED JUDGMENT ORDERING SPECIFIC PERFORMANCE OF SETTLEMENT AGREEMENT AND DECLARATORY JUDGMENT OF RELEASE. Signed by Judge James Ware on November 21, 2008. (jwlc1, COURT STAFF) (Filed on 11/21/2008)

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

Doc. 665

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 AMENDED JUDGMENT ORDERING SPECIFIC PERFORMANCE OF SETTLEMENT AGREEMENT AND DECLARATORY JUDGMENT OF RELEASE /

United United States District Court

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For the Northern District of California

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ConnectU, Inc., et al., Defendants.

In this ancillary proceeding, having found the "Term Sheet & Settlement Agreement" enforceable, pursuant to the stipulation of the parties to the "Term Sheet & Settlement Agreement" that "the San Jose Federal Court shall have jurisdiction to enforce this agreement," and having found good cause to vacate the judgment entered on November 3, 2008 and to enter this Amended Judgment: IT IS HEREBY ORDERED, ADJUDGED AND DECREED that The Judgment entered on November 3, 2008 is vacated and this Judgment entered in its place: Judgment is entered in favor of the Facebook, Inc. and Mark Zuckerberg and against ConnectU, Inc., Cameron Winklevoss, Tyler Winklevoss, and Divya Narendra specifically enforcing the "Term Sheet and Settlement Agreement." The parties to the "Term Sheet & Settlement Agreement," having previously made deposits with the Special Master, in specific enforcement of the "Term Sheet & Settlement Agreement," on December 15, 2008, the Master shall:

Dockets.Justia.com

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(1)

transfer to the Facebook, Inc. the shares of ConnectU, Inc. being held by the Master; and

(2)

transfer to Boies, Schiller & Flexner LLP, as counsel for ConnectU, Inc., Cameron Winklevoss, Tyler Winklevoss, and Divya Narendra, in trust for its clients and any lawful claimant, (a) the cash or its equivalent in the form of a bank check or cashiers check and (b) the Facebook, Inc., common shares being held by the Master; and

(3)

file in the appropriate courts, the motions to dismiss being held by the Master.

The "Term Sheet & Settlement Agreement" provides: "All parties get mutual releases as broad as possible." The parties having stipulated that this Court shall have jurisdiction to enforce the "Term Sheet & Settlement Agreement," the Court declares that as of February 22, 2008, the date of the Settlement Agreement, the Facebook, Inc., Mark Zuckerberg, ConnectU, Inc., Cameron Winklevoss, Tyler Winklevoss, and Divya Narendra, and each of them, jointly, severally and mutually released each other as broadly as possible from all claims.

United States District Court

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For the Northern District of California

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Dated: November 21, 2008

JAMES WARE United States District Judge

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Bruce Eric Van Dalsem [e-mail] 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 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 A. Weissman [e-mail] Mark Andrew Byrne [e-mail] Monte M.F. Cooper [e-mail] Rachel E. Matteo-Boehm [e-mail] Randy Garteiser [e-mail] Roger Rex Myers [e-mail] Scott Richard Mosko [e-mail] Sean Alan Lincoln [e-mail] Sean F. O'Shea [e-mail] Steven Christopher Holtzman [e-mail] Theresa Ann Sutton [e-mail] Tyler Alexander Baker [e-mail] Valerie Margo Wagner [e-mail] Warrington S. Parker [e-mail] Yvonne Penas Greer [e-mail] Dated: November 21, 2008 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

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For the Northern District of California

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