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

Filing 771

RESPONSE (re 769 Administrative Motion to File Under Seal ) Opposition to Administrative Request to File 15 Page Oversized Brief filed byThe Facebook, Inc., Mark Zuckerberg. (Attachments: # 1 Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Chatterjee, Indra) (Filed on 10/27/2011)

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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]
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, CA 94025
Telephone:
650-614-7400
Facsimile:
650-614-7401
Attorneys for Plaintiffs
THE FACEBOOK, INC. and MARK ZUCKERBERG

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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THE FACEBOOK, INC. and MARK
ZUCKERBERG,

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Plaintiffs,
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v.
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CONNECTU, INC. (formerly known as
CONNECTU, LLC), PACIFIC
NORTHWEST SOFTWARE, INC.,
WINSTON WILLIAMS, and WAYNE
CHANG,

Case No. 5:07-CV-01389-JW
DECLARATION OF I. NEEL
CHATTERJEE IN SUPPORT OF
OPPOSITION TO ADMINISTRATIVE
REQUEST TO FILE OVERSIZED
ADMINISTRATIVE REQUEST TO
PAY LIENHOLDERS AND
COMPLETE THE EXCHANGE OF
CONSIDERATION
Judge: Honorable James Ware

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Defendants.
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CHATTERJEE DECL. ISO OPP. TO ADMIN
REQUEST TO FILE OVERSIZED REQUEST
5:07-CV-01389-JW

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I, I. Neel Chatterjee, declare as follows:

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1.

I am a partner at the law firm of Orrick, Herrington & Sutcliffe, counsel for

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Plaintiffs Facebook, Inc. and Mark Zuckerberg in this action, and a member of the Bar of the state

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of California. I make this declaration in support of plaintiffs’ Opposition to Messrs. Winklevoss

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and Narendra’s Administrative Request to File an Oversized Brief in Support of Administrative

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Request to Pay Lienholders and Complete the Exchange of Consideration (Dkt. No. 769). I make

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this declaration of my own personal knowledge and, if called as a witness, I could and would

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testify competently to the truth of the matters set forth herein.

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2.

Attached hereto as Exhibit 1 is a true and correct copy of the redacted oversized

brief the ConnectU Founders are seeking leave to file.
3.

Attached hereto as Exhibit 2 is a true and correct copy of the complaint filed

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(without Exhibits), and currently pending, in Chang v. Winklevoss, Case No. 09-5397, pending in

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Superior Court Department, Commonwealth of Massachusetts.

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4.

Attached hereto as Exhibit 3 is a true and correct copy of an October 25, 2011,

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letter from Nicholas Rosenberg, counsel to Wayne Chang in the Chang v. Winklevoss matter

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referenced above, to Sean O’Shea and Michael Petrella, counsel to Messrs. Winklevoss and

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Narendra in the Chang matter.

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5.

Attached hereto as Exhibit 4 is a true and correct copy of the ConnectU Founders’

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Motion for Discovery Under Fed.R.Civ.P. 60(b), filed on August 19, 2011, in ConnectU, Inc. v.

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Facebook, Inc., Case No. 07-cv-10593 DPW (District of Massachusetts).

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6.

Attached hereto as Exhibit 5 is a true and correct copy of the ConnectU Founders’

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Motion for Access to Pleadings and Discovery Files [to support a Rule 60(b) motion], filed on

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August 25, 2011, in ConnectU, Inc. v. Facebook, Inc., Case No. 07-cv-10593 DPW (District of

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Massachusetts).

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I declare the foregoing is true and correct to the best of my knowledge. Executed this
27th day of October 2011, at Menlo Park, California.

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/s/ I. Neel Chatterjee /s/
I. Neel Chatterjee

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CHATTERJEE DECL. ISO OPP. TO ADMIN
REQUEST TO FILE OVERSIZED REQUEST
5:07-CV-01389-JW