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

Filing 729

Joinder re 727 MOTION hearing date relating to production of ConnectU's Documents by The Facebook, Inc., Mark Zuckerberg. (Attachments: # 1 Exhibit A)(Sutton, Theresa) (Filed on 12/23/2009)

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The Facebook, Inc. v. Connectu, LLC et al Doc. 729 Case5:07-cv-01389-JW Document729 Filed12/23/09 Page1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. NEEL CHATTERJEE (STATE BAR NO. 173985) nchatterjee@orrick.com MONTE COOPER (STATE BAR NO. 196746) mcooper@orrick.com THERESA A. SUTTON (STATE BAR NO. 211857) tsutton@orrick.com YVONNE P. GREER (State Bar No. 214072) ygreer@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: 650-614-7400 Facsimile: 650-614-7401 Attorneys for Plaintiffs FACEBOOK, INC. and MARK ZUCKERBERG UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 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 (MEJ) FACEBOOK, INC. AND MARK ZUKERBERG'S JOINDER IN CONNECTU'S RENEWED REQUEST FOR HEARING DATE RELATING TO PRODUCTION OF CONNECTU'S DOCUMENTS OHS West:260800580.2 FACEBOOK'S JOINDER IN CONNECTU'S RENEWED REQUEST FOR HEARING 5:07-CV-01389-JW Dockets.Justia.com Case5:07-cv-01389-JW Document729 Filed12/23/09 Page2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Facebook, Inc. and Mark Zuckerberg (hereinafter "Facebook") hereby join in ConnectU's Renewed Request for Hearing Date Relating to Production of ConnectU's Documents. Docket No. 727. Facebook offers an additional basis on which ConnectU's request should be granted. That is, to determine the scope of the Court's turn-over order related to ConnectU's business and litigation files in light of ConnectU's former counsels' intentional and repeated waiver of the attorney client privilege. Attached hereto as Exhibit A is a true and correct copy of Quinn Emanuel Urquhart Oliver & Hedges' Statement of Claim and Response to Counterclaim and its exhibits which was voluntarily filed with the Court on September 21, 2009 as an Exhibit to the Affirmation of Sean O'Shea by former counsel for ConnectU, Cameron Winklevoss, Tyler Winklevoss, and Divya Narendra in ConnectU, Inc. v. Quinn Emanuel Urquhart Oliver & Hedges, LLP, Case No. 08602082 (N.Y. Super. Ct.). It has subsequently been filed voluntarily twice more by ConnectU's former counsel in that case on October 1, 2009, and November 4, 2009, respectively. The attached Exhibit A also was voluntarily filed with the Court by ConnectU's former counsel on November 23, 2009 as an Exhibit to the Declaration of Sean O'Shea in the action ConnectU, Inc. v. Facebook, Inc., Civ. Action No. 1:07-CV-10593-DPW (D. Mass.). In all four instances, the documents also were served on opposing counsel in conjunction with various motions. In previous pleadings before this Court, the founders argued that ConnectU is entitled to nothing more than its "business" files. The Honorable James Ware referred the parties to "Chief Magistrate Judge James for further proceedings with respect to which documents should be turned over to the current [ConnectU] owners." Declaration of Alison Buchanan (Docket No. 728), Ex. A, 18:22; 19:1-2. In light of the waiver of the privilege via the multiple voluntary disclosures and service upon counsel of the documents, a determination of the scope of the waiver and, thus, the scope of the turn-over order is necessary. Quinn Emanuel submitted previously privileged materials in a currently pending fee dispute arbitration between the firm and its former clients, ConnectU's founders. In September 2009, the founders' current attorneys filed these same documents in the New York Supreme Court in support of their motion to compel production of documents. Since then, certain of the OHS West:260800580.2 -1- FACEBOOK'S JOINDER IN CONNECTU'S RENEWED REQUEST FOR HEARING 5:07-CV-01389-JW Case5:07-cv-01389-JW Document729 Filed12/23/09 Page3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 previously privileged communications were filed in the District of Massachusetts in support of Facebook's motion to enjoin the ConnectU founders and their present counsel from further violations of various Protective Orders. In each of these instances, the founders have relied on these communications to support their positions, without any effort to preserve the privilege. Now, three months after the founders voluntarily provided their communications to Facebook, their attorneys seek return of them. ConnectU's renewed request for a hearing and briefing schedule related to the scope of production of its files should be granted. Dated: December 23, 2009 Orrick, Herrington & Sutcliffe LLP /s/ Theresa A. Sutton /s/ Theresa A. Sutton Attorneys for Plaintiffs FACEBOOK, INC. and MARK ZUCKERBERG OHS West:260800580.2 -2- FACEBOOK'S JOINDER IN CONNECTU'S RENEWED REQUEST FOR HEARING 5:07-CV-01389-JW Case5:07-cv-01389-JW Document729 Filed12/23/09 Page4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OHS West:260800580.2 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 December 23, 2009. Dated: December 23, 2009. Respectfully submitted, /s/ Theresa A. Sutton /s/ Theresa A. Sutton -1- FACEBOOK'S JOINDER IN CONNECTU'S RENEWED REQUEST FOR HEARING 5:07-CV-01389-JW

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