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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
NO. C 07-01389 JW

The Facebook, Inc., et al.,

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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

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ConnectU, Inc., et al.,
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Defendants.
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/
Presently before the Court are: (1) The Administrative Request of Cameron Winklevoss,

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Tyler Winklevoss, and Divya Narendra to file a Partially Sealed Administrative Request to Pay

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Lienholders and an Oversized Brief in Support Thereof;1 and (2) The Administrative Request of

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Quinn Emanuel Urqyhart Oliver and Hedges, LLP, to file an Administrative Request seeking

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Disbursement of Settlement Proceeds Under Seal.2 Plaintiffs oppose both Requests on the grounds

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that settlement funds should not be distributed until all challenges to the settlement and the status of

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all third-party claimants are resolved.3

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Civil Local Rule 7-11 allows parties to file motions for administrative relief pertaining to

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“miscellaneous administrative matters.” Parties shall not file motions concerning substantive

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matters under Rule 7-11. See Civ. L. R. 7-11.

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(Docket Item No. 769.)

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(Docket Item No. 770.)

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(See Docket Item Nos. 771, 772.)

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Upon review, the Court finds that the issue of whether funds currently held in trust should be

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disbursed at this time is substantive, and thus not the proper subject of an administrative motion.

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Accordingly, Defendants’ Motions to file the request as an administrative motion is DENIED.

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Instead, the Court sets an expedited briefing schedule so that the Motion can be fully briefed and

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heard in accordance with the Court’s calendar:

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(1)

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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.

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(4)

The Court sets November 28, 2011 at 9 a.m. for the hearing on the Motions.

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For the Northern District of California

(2)

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United States District Court

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The Court further orders that subject to further review at the appropriate time, all briefs and

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exhibits on the Motions for Disbursement of Settlement Funds may be filed under seal or partially

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under seal as the filing parties deem necessary. Redacted copies shall be filed on ECF.

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Dated: November 1, 2011
JAMES WARE
United States District Chief Judge

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Alison Paige Buchanan [e-mail]
Bruce Eric Van Dalsem [e-mail]
Chester Wren-Ming Day [e-mail]
D. Michael Underhill [e-mail]
David A. Barrett [e-mail]
Evan A. Parke [e-mail]
George C. Fisher [e-mail]
George C. Fisher [e-mail]
George Hopkins Guy [e-mail]
Indra Neel Chatterjee [e-mail]
James Earl Towery [e-mail]
Jerome B. Falk [e-mail]
John Phillip Duchemin [e-mail]
Jonathan M. Shaw [e-mail]
Kalama M. Lui-Kwan [e-mail]
Mark A. Weissman [e-mail]
Mark A. Weissman [e-mail]
Mark Andrew Byrne [e-mail]
Mark Andrew Byrne [e-mail]
Merri Anne Baldwin [e-mail]
Monte M.F. Cooper [e-mail]
Rachel E. Matteo-Boehm [e-mail]
Randall Garteiser [e-mail]
Roger Rex Myers [e-mail]
Scott Richard Mosko [e-mail]
Sean Alan Lincoln [e-mail]
Sean F. O'Shea [e-mail]
Sean M. SeLegue [e-mail]
Steven Christopher Holtzman [e-mail]
Theresa Ann Sutton [e-mail]
Thomas B Mason [e-mail]
Tyler Alexander Baker [e-mail]
Tyler Roberts Meade [e-mail]
Valerie Margo Wagner [e-mail]
Warrington S. Parker [e-mail]
Yvonne Penas Greer [e-mail]

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For the Northern District of California

United States District Court

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Dated: November 1, 2011

Richard W. Wieking, Clerk

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By:
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/s/ JW Chambers
Susan Imbriani
Courtroom Deputy