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

Filing 751

MOTION Administrative Relief for an order disbursing settlement proceeds filed by Quinn Emanuel Urquhart Oliver & Hedges, LLP. (Attachments: # 1 Proposed Order, # 2 Affidavit)(Van Dalsem, Bruce) (Filed on 12/17/2010) Modified on 12/17/2010 (cv, COURT STAFF).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Bruce E. Van Dalsem (Bar No. 124128)
[e-mail]
2
Adam B. Wolfson (Bar No. 262125)
[e-mail]
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865 South Figueroa Street, 10th Floor
4 Los Angeles, California 90017-2543
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Third Party
Quinn Emanuel Urquhart & Sullivan LLP
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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11 FACEBOOK, INC., et al.,
Plaintiffs,
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vs.
CONNECTU, INC.
Defendant.

CASE NO. 07-Civ-01389
DECLARATION OF ADAM B.
WOLFSON IN SUPPORT OF QUINN
EMANUEL’S MISCELLANEOUS
ADMINISTRATIVE REQUEST FOR
AN ORDER DISBURSING
SETTLEMENT PROCEEDS IN
ACCORDANCE WITH
ARBITRATION AWARD

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18 QUINN EMANUEL URQUHART &
SULLIVAN, LLP,
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Third Party.
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Hearing Date: N/A
Courtroom:
8
Judge: Hon. James S. Ware

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DECLARATION OF ADAM B. WOLFSON

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2

DECLARATION OF ADAM B. WOLFSON
I, Adam B. Wolfson, an attorney duly admitted to practice law in the State of

3 California, hereby declare as follows:
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1.

I am a member of the Bar of the State of California and an associate of

5 the law firm Quinn Emanuel Urquhart & Sullivan, LLP (“Quinn Emanuel”). I
6 submit this declaration in support of Quinn Emanuel’s Miscellaneous
7 Administrative Request for an Order Disbursing Settlement Proceeds in Accordance
8 With Arbitration Award.
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2.

On August 25, 2010, the AAA issued a Final Award in the arbitration

10 Quinn Emanuel Urquhart Oliver & Hedges, LLP v. Howard Winklevoss, et al., Case
11 No. 13 194 Y 995 08 (the “award”), in which the arbitration panel found that
12 Cameron Winklevoss, Tyler Winklevoss, and Divya Narendra (collectively, the
13 “Former Clients”), along with the their father, Howard Winklevoss, owed Quinn
14 Emanuel its fee as earned in the settlement of this action.
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3.

Attached hereto as Exhibit A is a true and correct copy of an email

16 chain between David Barrett of Boies, Schiller & Flexner LLP (“BSF”), the Former
17 Clients’ attorney, Michael Petrella, and Quinn Emanuel’s attorney, Rick Werder.
18 This email chain reflects Quinn Emanuel’s requests that BSF disburse the funds it
19 currently holds in escrow for Quinn Emanuel’s behalf pursuant to the Award’s
20 terms.
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4.

Attached hereto as Exhibit B is a Memorandum and Order from Justice

22 Lowe of the New York Supreme Court, Commercial Division, in ConnectU, Inc., et
23 al. v. Quinn Emanuel Urquhart Oliver & Hedges, LLP, 602082/08, entered on
24 November 8, 2010, confirming the Award pursuant to which the Former Clients
25 must pay Quinn Emanuel its full contingent fee from the settlement proceeds
26 received in this case. It is my understanding that the New York Supreme Court
27 intended that this document be filed under seal in that forum.
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DECLARATION OF ADAM B. WOLFSON

Exhibit A

Exhibit B

Document Subject To
Motion To Seal

Exhibit C

Document Subject To
Motion To Seal

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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
3 Electronic Filing (NEF) and paper copies will be sent to those indicated as non
registered participants on December 17, 2010.
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5 DATED: December 17, 2010

Respectfully submitted,

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By /s/ Bruce Van Dalsem
Bruce Van Dalsem

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DECLARATION OF ADAM B. WOLFSON.