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

Filing 748

ORDER of USCA Filed order (Appellate Commissioner)On December 11, 2009, the motions panel referred plaintiff Facebook's motion to dismiss portions of case Nos. 08-16745 and 08-16873 to the merits panel. The request of defendants Cameron Winklevoss, Tyler Winklevoss, and Divya Narenda ("the Founders") to withdraw their March 5, 2009 opposition to Facebook's motion to dismiss, in order to allow the movants to include a revised opposition to the motion in the first cross-appeal brief, is denied. The opposed motion of defendants Cameron Winklevoss, Tyler Winklevoss, and Divya Narenda ("the Founders") for leave to file an oversized first brief on cross-appeal of 20,609 words is granted in part. The defendants shall file a substitute first brief on cross-appeal not to exceed 17,500 words on or before April 26, 2010. The second cross-appeal brief is due May 26, 2010. The third cross-appeal brief is due June 25, 2010. The optional reply brief is due within 14 days after service of the third cross-appeal brief. Volumes Four and Five of the Founders' excerpts of record shall be filed under seal pursuant to Ninth Circuit Rule 27-13. The defendants may also file the substitute opening brief under seal. 9th Cir. R. 27-13.. (Pro Mo) 7281420 [08-16745, 08-16849, 08-16873, 09-15021, 09-15133] as to 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 3/29/2010)

F IL E D
U N IT E D STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
MAR 29 2010
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/Cross-Appellants, v. C O N N E C T U , INC., fka ConnectU, LLC; et al., Defendant-Appellee, C A M E R O N WINKLEVOSS; et al., Defendants-Appellants/Cross-Appellees.

N o s. 08-16745, 08-16849, 08-16873, 09-15021, 09-15133 D .C . No. 5:07-cv-01389-JW N o rth ern District of California, S an Jose

ORDER

B e fo r e : Peter L. Shaw, Appellate Commissioner O n December 11, 2009, the motions panel referred plaintiff Facebook's m o tio n to dismiss portions of case Nos. 08-16745 and 08-16873 to the merits p an el. The request of defendants Cameron Winklevoss, Tyler Winklevoss, and D iv ya Narenda ("the Founders") to withdraw their March 5, 2009 opposition to F a ce b o o k 's motion to dismiss, in order to allow the movants to include a revised o p p o sitio n to the motion in the first cross-appeal brief, is denied.

tah/03.08.10/Pro Mo

T h e opposed motion of defendants Cameron Winklevoss, Tyler Winklevoss, an d Divya Narenda ("the Founders") for leave to file an oversized first brief on c ro s s -a p p e a l of 20,609 words is granted in part. The defendants shall file a su b stitu te first brief on cross-appeal not to exceed 17,500 words on or before April 2 6 , 2010. The second cross-appeal brief is due May 26, 2010. The third crossap p eal brief is due June 25, 2010. The optional reply brief is due within 14 days after service of the third cross-appeal brief. V o lu m e s Four and Five of the Founders' excerpts of record shall be filed u n d er seal pursuant to Ninth Circuit Rule 27-13. The defendants may also file the su b stitu te opening brief under seal. 9th Cir. R. 27-13.

tah/03.08.10/Pro M o

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