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

Filing 724

ORDER of USCA Filed - (ALFRED T. GOODWIN, PAMELA ANN RYMER and RICHARD R. CLIFTON) The motion of Appellants and Cross-Appellees Cameron Winklevoss, Tyler Winklevoss and Divya Narenda (the Founders) to consolidate these appeals is granted. Previously consolidated appeal Nos. 08-16745, 08-16849 and 08-16873 are now consolidated with appeal and cross-appeal Nos. 09-15021 and 09-15133. The stay of proceedings in these consolidated appeals is lifted. The motion to withdraw the opening brief filed on November 4, 2008 in consolidated appeal Nos. 08-16745, 08-16849, 08-16873 is granted. The brief is withdrawn. The Founders opposition to ConnectU, Inc.s motion for voluntary dismissal of appeal No. 08-16745 is construed as a motion to intervene in appeal No. 08-16745. So construed, the motion is granted. ConnectU, Inc.s motion for voluntary dismissal of appeal No. 08-16745 is construed as a motion to withdraw from that appeal. So construed, the motion is granted. The Facebook, Inc.s February 18, 2009 motion to dismiss portions of appeal Nos. 08-16745 and 08-16873 is referred to the panel that will decide the merits of this appeal. The Founders motion to reset the briefing schedule is granted in part. The first brief in these consolidated cross-appeals is due February 1, 2010; the second brief is due March 3, 2010; the third brief is due April 2, 2010; and the fourth brief is due within 14 days after service of the third brief. All parties on a side are encouraged to join in a single brief to the greatest extent practicable. as to 708 Notice of Appeal, filed by Tyler Winklevoss, Cameron Winklevoss, Divya Narendra, 675 Notice of Cross Appeal filed by Mark Zuckerberg, The Facebook, Inc., 611 Notice of Appeal, filed by Tyler Winklevoss, Cameron Winklevoss, Divya Narendra, 582 Notice of Appeal, filed by ConnectU LLC, 615 Notice of Cross Appeal, filed by Mark Zuckerberg, The Facebook, Inc., 668 Notice of Appeal, filed by Tyler Winklevoss, Cameron Winklevoss, Divya Narendra (cv, COURT STAFF) (Filed on 12/11/2009)

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The Facebook, Inc. v. Connectu, LLC et al Doc. 724 Case5:07-cv-01389-JW Document724 Filed12/11/09 Page1 of 2 F IL E D DEC 11 2009 U N IT E D STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK U . S . C O U R T OF APPE A L S T H E FACEBOOK, INC.; et al., Plaintiffs - Appellees - CrossAppellants, v. C O N N E C T U , INC., f.k.a. ConnectU, LLC, N o s. 08-16745, 08-16849, 081 6 8 7 3 , 09-15021, 09-15133 D .C . No. 5:07-cv-01389-JW N o rth ern District of California, S an Jose ORDER Defendant - Appellant Cross-Appellees, an d C A M E R O N WINKLEVOSS; et al., Defendants - Appellants Cross-Appellees. B efo re: GOODWIN, RYMER and CLIFTON, Circuit Judges. T h e motion of Appellants and Cross-Appellees Cameron Winklevoss, Tyler W in k lev o ss and Divya Narenda ("the Founders") to consolidate these appeals is g ran ted . Previously consolidated appeal Nos. 08-16745, 08-16849 and 08-16873 are now consolidated with appeal and cross-appeal Nos. 09-15021 and 09-15133. T h e stay of proceedings in these consolidated appeals is lifted. nmg/MOATT Dockets.Justia.com Case5:07-cv-01389-JW Document724 Filed12/11/09 Page2 of 2 T h e motion to withdraw the opening brief filed on November 4, 2008 in co n so lid ated appeal Nos. 08-16745, 08-16849, 08-16873 is granted. The brief is w ith d r a w n . T h e Founders' opposition to ConnectU, Inc.'s motion for voluntary d is m is sa l of appeal No. 08-16745 is construed as a motion to intervene in appeal N o . 08-16745. So construed, the motion is granted. ConnectU, Inc.'s motion for v o lu n ta ry dismissal of appeal No. 08-16745 is construed as a motion to withdraw fro m that appeal. So construed, the motion is granted. T h e Facebook, Inc.'s February 18, 2009 motion to dismiss portions of ap p eal Nos. 08-16745 and 08-16873 is referred to the panel that will decide the m erits of this appeal. T h e Founders' motion to reset the briefing schedule is granted in part. The first brief in these consolidated cross-appeals is due February 1, 2010; the second b r ie f is due March 3, 2010; the third brief is due April 2, 2010; and the fourth brief is due within 14 days after service of the third brief. A ll parties on a side are encouraged to join in a single brief to the greatest ex ten t practicable. S e e 9th Cir. R. 28-4. nmg/MOATT 2 0 8 -1 6 7 4 5

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