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

Filing 81

Declaration of Theresa Sutton in Support of Plaintiff's Opposition to ConnectU's Civil L.R. 6-3 Motion to Enlarge Time re 80 filed by Mark Zuckerberg, The Facebook, Inc. (Related document(s) 80 ) (Sutton, Theresa) (Filed on 6/8/2007) Text modified on 6/12/2007 to conform to document caption post by counsel (bw, COURT STAFF).

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

Doc. 81

Case 5:07-cv-01389-RS

Document 81

Filed 06/08/2007

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G. HOPKINS GUY, III (State Bar No. 124811) [e-mail] m I. NEEL CHATTERJEE (State Bar No. 173985) [e-mail] MONTE COOPER (State Bar No. 196746) [e-mail] m THERESA A. SUTTON (State Bar No. 211857) [e-mail] YVONNE P. GREER (State Bar No. 214072) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: 650-614-7401 Attorneys for Plaintiffs FACEBOOK, INC. and MARK ZUCKERBERG UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

FACEBOOK, INC. and MARK ZUCKERBERG, Plaint iffs, v. CONNECTU, INC. (formerly known as CONNECTU, LLC), CAMERON WINKLEVOSS, TYLER WINKLEVOSS, DIVYA NARENDRA, PACIFIC NORTHWEST SOFTWARE, INC., WINSTON WILLIAMS, WAYNE CHANG, and DAVID GUCWA, Defendants.

Case No. 5:07-CV-01389-RS DECLARATION OF THERESA A. SUTTON IN SUPPORT OF PLAINTIFFS' OPPOSITION TO CONNECTU'S CIVIL L.R. 6-3 MOTION TO ENLARGE TIME

OHS West:260248907.1

SUTTON DECL. ISO OPPOSITION TO CONNECTU'S CIVIL L.R. 6-3 MOTION TO ENLARGE TIME 5:07-CV-01389-RS

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Case 5:07-cv-01389-RS

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I, Theresa Sutton, declare: 1. I am an attorney with the law firm o f Orrick, Herrington & Sutcliffe LLP,

counsel for Plaintiff Facebook, Inc. in the above captioned case. I am an active member in good standing of the California State Bar, and I am admitted to appear before this Court. I make this declaration based upon my own personal knowledge and knowledge of the documents in this case. If called as a witness, I could and would competently testify to the facts stated herein. The bases for Plaintiffs' Opposition to ConnectU's Civil L.R. 6-3 Motion to Enlarge Time are as follows: 2. ConnectU's motion purports to be brought pursuant to Civil Local Rule 6-

3, which permits modifications of existing deadlines, but does not meet any of the explicit requirements of that Rule. ConnectU's motion contains requests for relief and argument that are not authorized by Rule 6-3. For instance, ConnectU asks the Court to a. strike the Second Amended Complaint or order Facebook to withdraw it. b. continue the July 11, 2007, Case Management Conference; and c. prohibit Facebook from ever adding new parties to this action. ConnectU also argues that the Second Amended Complaint violates this Court's May 21, 2007, Order granting Facebook leave to amend its Complaint. 3. ConnectU did not satisfy the requirements of Civil Local Rule 6-3. Rule 6-

3 requires ConnectU to submit a declaration that: 1) sets forth with particularity, the reasons for the requested enlargement of time; 2) describes the efforts ConnectU has made to obtain a stipulation to the time change; 3) identifies the substantial harm or prejudice that would occur if the Court did not change the time; 4) discloses all previous time modifications in the case; and 5) describes the effect the requested time modification would have on the schedule for the case. The Declaration of Scott Mosko submitted in support of ConnectU's Motion to Enlarge Time does not include any of these factual statements. 4. ConnectU's Motion to Enlarge Time identifies no cognizable harm or

prejudice that would occur if the Court denies its motion.
OHS West:260248907.1 SUTTON DECL. ISO OPPOSITION TO CONNECTU'S CIVIL L.R. 6-3 MOTION TO ENLARGE TIME 5:07-CV-01389-RS

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5.

ConnectU's motion and, more specifically, the declaration submitted in

support thereof, fails to describe the efforts ConnectU made to obtain a stipulation to the time change it now seeks. 6. Facebook did not violate the Court's May 21, 2007, Order granting

Facebook leave to amend its complaint. The Order is silent on the issue. 7. Plaint iffs granted all defendants an extension of time to respond until

I declare under penalty of perjury that the foregoing is true and correct. Executed this 8th day of June, 2007, at Menlo Park, California.

/s/ Theresa A. Sutton /s/ Theresa A. Sutton

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SUTTON DECL. ISO OPPOSITION TO CONNECTU'S CIVIL L.R. 6-3 MOTION TO ENLARGE TIME 5:07-CV-01389-RS

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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 June 8, 2007. Dated: June 8, 2007. Respect fully submitted, /s/ Theresa A. Sutton /s/ Theresa A. Sutton

SUTTON DECL. ISO OPPOSITION TO CONNECTU'S CIVIL L.R. 6-3 MOTION TO ENLARGE TIME 5:07-CV-01389-RS