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

Filing 793

ORDER by Judge James Ware DENYING 791 Motion to Appear by Telephone (sis, COURT STAFF) (Filed on 11/22/2011)

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Judge Ja

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Court-appointed Trustee

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DAVID A. BARRETT (pro hac vice)
[e-mail]
BOIES, SCHILLER & FLEXNER LLP
575 Lexington Avenue
New York, NY 10022
Telephone: [phone]
Facsimile: [phone]

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STEVEN C. HOLTZMAN (State Bar No. 144177)
[e-mail]
BOIES, SCHILLER & FLEXNER LLP
1999 Harrison Street, Suite 900
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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THE FACEBOOK, INC. and MARK
ZUCKERBERG,

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Plaintiffs,
v.
CONNECTU, INC. (f/k/a CONNECTU,
LLC), PACIFIC NORTHWEST
SOFTWARE, INC., WINSTON WILLIAMS,
and WAYNE CHANG,

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Defendants.
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CASE NO.: 5:07-CV-01389
BOIES, SCHILLER & FLEXNER LLP’S
MISCELLANEOUS ADMINISTRATIVE
REQUEST FOR DAVID A. BARRETT
TO ATTEND HEARING BY
TELEPHONE
Hearing Date: November 28, 2011
Time:
9:00 a.m.
Courtroom: 9
Judge:
Hon. James S. Ware

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Pursuant to Civil Local Rule 7-11, Boies, Schiller & Flexner LLP (“BSF”) hereby

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submits this Miscellaneous Administrative Request for David A. Barrett to attend the

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November 28, 2011, hearing in this matter by telephone.

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In support of this request, BSF states as follows:

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1.

Since December 2008, BSF has been the Trustee appointed by the Court to hold

F L E X N E R
&
S C H I L L E R
B O I E S ,

the settlement proceeds in this case (cash and Facebook, Inc. common stock) in trust for the

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L L P

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ConnectU Founders and “any lawful claimant.” David A. Barrett has been the BSF attorney

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primarily responsible for execution of BSF’s duties and responsibilities as Court-Appointed

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Trustee. See generally, Docket No. 779, Affidavit of David A. Barrett on behalf of Boies,

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Schiller & Flexner LLP as Court-Appointed Trustee.
2.

Mr. Barrett works out of BSF’s New York office and other than the November

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28, 2011 hearing, does not have any other occasion to travel to the Northern District of

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California at this time.

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3.

Mr. Barrett has been admitted to practice before this Court pro hac vice in this

proceeding.
4.

BSF contacted the other parties to this case on November 18, 2011, and inquired

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whether there were any objections to Mr. Barrett attending the hearing by telephone. No party

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raised any objection.

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For these reasons, BSF respectfully requests that Mr. Barrett be permitted to attend the

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November 28, 2011, hearing by telephone.

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DATED: November 18, 2011

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BOIES, SCHILLER & FLEXNER LLP
/s/ Evan A. Parke
Evan A. Parke (pro hac vice)

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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 Electronic Filing (NEF) and paper
copies will be sent to those indicated as non registered participants on November 18, 2011.

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DATED: November 18, 2011
Respectfully submitted,

B O I E S ,

S C H I L L E R

&

F L E X N E R

L L P

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/s/Evan A. Parke

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Evan A. Parke

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