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

Filing 773

ORDER by Judge James Ware granting in part and denying in part 769 Administrative Motion to File Under Seal; granting in part and denying in part 770 Administrative Motion to File Under Seal (jwlc3, COURT STAFF) (Filed on 11/1/2011)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION NO. C 07-01389 JW The Facebook, Inc., et al., 11 ORDER GRANTING IN PART ADMINISTRATIVE MOTIONS TO FILE MOTIONS RE. DISBURSEMENT OF SETTLEMENT FUNDS Plaintiffs, v. For the Northern District of California United States District Court 10 12 ConnectU, Inc., et al., 13 Defendants. 14 15 / Presently before the Court are: (1) The Administrative Request of Cameron Winklevoss, 16 Tyler Winklevoss, and Divya Narendra to file a Partially Sealed Administrative Request to Pay 17 Lienholders and an Oversized Brief in Support Thereof;1 and (2) The Administrative Request of 18 Quinn Emanuel Urqyhart Oliver and Hedges, LLP, to file an Administrative Request seeking 19 Disbursement of Settlement Proceeds Under Seal.2 Plaintiffs oppose both Requests on the grounds 20 that settlement funds should not be distributed until all challenges to the settlement and the status of 21 all third-party claimants are resolved.3 22 Civil Local Rule 7-11 allows parties to file motions for administrative relief pertaining to 23 “miscellaneous administrative matters.” Parties shall not file motions concerning substantive 24 matters under Rule 7-11. See Civ. L. R. 7-11. 25 26 1 (Docket Item No. 769.) 27 2 (Docket Item No. 770.) 28 3 (See Docket Item Nos. 771, 772.) 1 Upon review, the Court finds that the issue of whether funds currently held in trust should be 2 disbursed at this time is substantive, and thus not the proper subject of an administrative motion. 3 Accordingly, Defendants’ Motions to file the request as an administrative motion is DENIED. 4 Instead, the Court sets an expedited briefing schedule so that the Motion can be fully briefed and 5 heard in accordance with the Court’s calendar: 6 (1) 7 On or before November 3, 2011, those parties seeking disbursement of funds shall file their Motions. On or before November 7, 2011, Oppositions, if any, shall be filed; (3) On or before November 9, 2011, Replies, if any, shall be filed. 10 (4) The Court sets November 28, 2011 at 9 a.m. for the hearing on the Motions. 11 For the Northern District of California (2) 9 United States District Court 8 The Court further orders that subject to further review at the appropriate time, all briefs and 12 exhibits on the Motions for Disbursement of Settlement Funds may be filed under seal or partially 13 under seal as the filing parties deem necessary. Redacted copies shall be filed on ECF. 14 15 16 Dated: November 1, 2011 JAMES WARE United States District Chief Judge 17 18 19 20 21 22 23 24 25 26 27 28 2 1 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: 2 Alison Paige Buchanan Bruce Eric Van Dalsem Chester Wren-Ming Day D. Michael Underhill David A. Barrett Evan A. Parke George C. Fisher George C. Fisher George Hopkins Guy Indra Neel Chatterjee James Earl Towery Jerome B. Falk John Phillip Duchemin Jonathan M. Shaw Kalama M. Lui-Kwan Mark A. Weissman Mark A. Weissman Mark Andrew Byrne Mark Andrew Byrne Merri Anne Baldwin Monte M.F. Cooper Rachel E. Matteo-Boehm Randall Garteiser Roger Rex Myers Scott Richard Mosko Sean Alan Lincoln Sean F. O'Shea Sean M. SeLegue Steven Christopher Holtzman Theresa Ann Sutton Thomas B Mason Tyler Alexander Baker Tyler Roberts Meade Valerie Margo Wagner Warrington S. Parker Yvonne Penas Greer 3 4 5 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 Dated: November 1, 2011 Richard W. Wieking, Clerk 23 By: 24 25 26 27 28 /s/ JW Chambers Susan Imbriani Courtroom Deputy

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