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

Filing 687

ORDER REQUIRING FURTHER BRIEFING AND SETTING HEARING ON CONNECTU'S MOTION TO DISQUALIFY RE 686 Ninth Circuit Court of Appeals' limited remand and mandate. Motion Hearing set for 8/17/2009 10:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics on briefing schedule. Signed by Judge James Ware on 7/29/2009. (ecg, COURT STAFF) (Filed on 7/29/2009) Modified docket text on 7/29/2009 (ecg, COURT STAFF).

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

Doc. 687

Case5:07-cv-01389-JW Document687

Filed07/29/09 Page1 of 3

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 REQUIRING FURTHER BRIEFING AND SETTING HEARING ON CONNECTU'S MOTION TO DISQUALIFY /

United United States District Court

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For the Northern District of California

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ConnectU, Inc., et al., Defendants.

Pursuant to the Ninth Circuit Court of Appeals' limited remand and mandate on ConnectU's Motion to Disqualify Counsel (Docket Item No. 686), the parties shall appear for oral argument on the Motion on August 17, 2009 at 10 a.m. In preparation for the hearing, on or before August 7, 2009, the parties shall provide the following information in a declaration or a statement of Stipulated Facts. To facilitate the Court's comparison of the responses, use the Court's numbering and repeat each inquiry as a heading: 1. With respect to each appeal and cross-appeal pending before the Ninth Circuit: a. b. c. d. List the names of each appellant and respondent; Briefly describe the contentions made by each and against whom; Briefly describe the relief sought by each and against whom; Except for the Motion remanded to this Court, describe any motions made and pending in the Ninth Circuit by each party and the relief sought;

Dockets.Justia.com

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e.

If a party has taken any position with respect to any existing or potential motions, describe the position taken and the response, if any, that has been tendered in opposition or response; and

f.

To the extent a party to the appeal takes the position that ConnectU is in an adversary relationship with the Founders, describe the adversity.

To the extent the Founders contend that they are owed money by ConnectU, state whether a claim for those funds are part of the Ninth Circuit's appeal remanded to this Court for a limited purpose. If not, describe what effect this Court should give to that debt in deciding the remanded Motion. State whether the Founders are being represented in the demand for or collection of a debt from ConnectU by the same attorneys who jointly represented the Founders and ConnectU when the debt was created or during any period of time before the ConnectU stock was transferred to Facebook as part of the execution of the Judgment from which the current appeal is being taken.

United States District Court

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For the Northern District of California

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With respect to ConnectU's client files, state whether there is a general business verses litigation breakdown.

It is the Court's preference that the parties file a joint response to the above questions. However, to the extent that the parties cannot agree to a statement of Stipulated Facts, the parties may file separate responses.

Dated: July 29, 2009

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 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: July 29, 2009 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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