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

Filing 780

AFFIDAVIT re 779 Document E-Filed Under Seal, EXHIBIT A TO THE AFFIDAVIT OF DAVID A. BARRETT ON BEHALF OF BOIES, SCHILLER & FLEXNER LLP AS COURT-APPOINTED TRUSTEE by Boies, Schiller & Flexner LLP. (Parke, Evan) (Filed on 11/7/2011)

EXHIBIT A

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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 JOSE DIVISION
The Facebook, Inc., et al.,

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NO. C 07-01389 JW

Plaintiffs,

AMENDED JUDGMENT ORDERING
SPECIFIC PERFORMANCE OF
SETTLEMENT AGREEMENT AND
DECLARATORY JUDGMENT OF
RELEASE

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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/

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In this ancillary proceeding, having found the “Term Sheet & Settlement Agreement”

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enforceable, pursuant to the stipulation of the parties to the “Term Sheet & Settlement Agreement”

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that “the San Jose Federal Court shall have jurisdiction to enforce this agreement,” and having found

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good cause to vacate the judgment entered on November 3, 2008 and to enter this Amended

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Judgment:

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED that

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The Judgment entered on November 3, 2008 is vacated and this Judgment entered in its

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place:

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Judgment is entered in favor of the Facebook, Inc. and Mark Zuckerberg and against

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ConnectU, Inc., Cameron Winklevoss, Tyler Winklevoss, and Divya Narendra specifically enforcing

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the “Term Sheet and Settlement Agreement.” The parties to the “Term Sheet & Settlement

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Agreement,” having previously made deposits with the Special Master, in specific enforcement of

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the “Term Sheet & Settlement Agreement,” on December 15, 2008, the Master shall:

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Case5:07-cv-01389-JW Document665

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(1)

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transfer to the Facebook, Inc. the shares of ConnectU, Inc. being held by the Master;
and

(2)

transfer to Boies, Schiller & Flexner LLP, as counsel for ConnectU, Inc., Cameron

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Winklevoss, Tyler Winklevoss, and Divya Narendra, in trust for its clients and any

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lawful claimant, (a) the cash or its equivalent in the form of a bank check or cashiers

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check and (b) the Facebook, Inc., common shares being held by the Master; and

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(3)

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The “Term Sheet & Settlement Agreement” provides: “All parties get mutual releases as

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file in the appropriate courts, the motions to dismiss being held by the Master.

broad as possible.” The parties having stipulated that this Court shall have jurisdiction to enforce
the “Term Sheet & Settlement Agreement,” the Court declares that as of February 22, 2008, the date

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For the Northern District of California

United States District Court

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of the Settlement Agreement, the Facebook, Inc., Mark Zuckerberg, ConnectU, Inc., Cameron

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Winklevoss, Tyler Winklevoss, and Divya Narendra, and each of them, jointly, severally and

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mutually released each other as broadly as possible from all claims.

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Dated: November 21, 2008
JAMES WARE
United States District Judge

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

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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]
I. Neel Chatterjee [e-mail]
Jonathan M. Shaw [e-mail]
Kalama M. Lui-Kwan [e-mail]
Mark A. Weissman [e-mail]
Mark Andrew Byrne [e-mail]
Monte M.F. Cooper [e-mail]
Rachel E. Matteo-Boehm [e-mail]
Randy Garteiser [e-mail]
Roger Rex Myers [e-mail]
Scott Richard Mosko [e-mail]
Sean Alan Lincoln [e-mail]
Sean F. O'Shea [e-mail]
Steven Christopher Holtzman [e-mail]
Theresa Ann Sutton [e-mail]
Tyler Alexander Baker [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 21, 2008

Richard W. Wieking, Clerk

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By:
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/s/ JW Chambers
Elizabeth Garcia
Courtroom Deputy