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

Filing 744

RESPONSE to re 741 MOTION FOR ADMINISTRATIVE RELIEF SEEKING AN ORDER TO EXAMINE AND COPY SEALED DOCUMENTS by The Facebook, Inc., Mark Zuckerberg. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sutton, Theresa) (Filed on 1/8/2010)

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

Doc. 744

Case5:07-cv-01389-JW Document744

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I. NEEL CHATTERJEE (STATE BAR NO. 173985) [e-mail] MONTE COOPER (STATE BAR NO. 196746) [e-mail] 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, 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 FACEBOOK, INC. AND MARK ZUCKERBERG'S RESPONSE TO CONNECTU FOUNDERS' MOTION FOR ADMINISTRATIVE RELIEF SEEKING AN ORDER TO EXAMINE AND COPY SEALED DOCUMENTS

OHS West:260806598.1

FACEBOOK AND ZUCKERBERG RESPONSE TO MOTION FOR ORDER TO EXAMINE AND COPY SEALED DOCUMENTS 5:07-CV-01389-JW

Dockets.Justia.com

Case5:07-cv-01389-JW Document744

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On January 5, 2010, Cameron and Tyler Winklevoss and Divya Narendra filed a request pursuant to Civil Local Rule 7-11 seeking permission to review and copy documents filed under seal in this action. Docket No. 741. Facebook, Inc. and Mark Zuckerberg do not oppose this request, so long as Messrs. Winklevoss and Narendra and their counsel also are required to abide by the terms of the January 23, 2006, Stipulated Protective Order governing the use and disclosure of the documents filed under seal in this action. A copy of the Stipulated Protective Order is attached hereto as Exhibit A. Facebook understands that Messrs. Winklevoss and Narendra, as well as their counsel, do not oppose this request. Attached hereto as Exhibit B is a true and correct copy of an email from counsel Sean SeLegue. If Facebook's understanding is incorrect, however, it opposes the present request for access to files, as such access would effect an improper amendment to the Protective Order. Dated: January 8, 2010 /s/ Theresa A. Sutton /s/ THERESA A. SUTTON Attorneys for Plaintiffs THE FACEBOOK, INC. and MARK ZUCKERBERG

OHS West:260806598.1

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FACEBOOK AND ZUCKERBERG RESPONSE TO MOTION FOR ORDER TO EXAMINE AND COPY SEALED DOCUMENTS 5:07-CV-01389-JW

Case5:07-cv-01389-JW Document744

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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 January 8, 2010.

Dated: January 8, 2010.

Respectfully submitted,

/s/ Theresa A. Sutton /s/ THERESA A. SUTTON

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FACEBOOK AND ZUCKERBERG RESPONSE TO MOTION FOR ORDER TO EXAMINE AND COPY SEALED DOCUMENTS 5:07-CV-01389-JW