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

Filing 182

Joint MOTION for Extension of Time to March 10, 2008 to To File Oppositions to the Parties' Pending Motion for Summary Judgment by Facebook, Inc.. (Attachments: #1 Text of Proposed Order)(Cooper, Monte)

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

Doc. 182

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS CONNECTU, INC., CAMERON WINKLEVOSS, TYLER WINKLEVOSS, AND DIVYA NARENDRA, Plaintiffs, v. FACEBOOK, INC., MARK ZUCKERBERG, EDUARDO SAVERIN, DUSTIN MOSKOVITZ, ANDREW MCCOLLUM, and FACEBOOK, LLC, Defendants.

Civil Action No. 1:07-CV-10593-DPW

ASSENTED-TO AND JOINT MOTION OF PLAINTIFFS AND FACEBOOK DEFENDANTS TO EXTEND TO MARCH 10, 2008 THE TIME FOR FILING OPPOSITIONS TO THE PARTIES' PENDING MOTION FOR SUMMARY JUDGMENT RE COPYRIGHT INFRINGEMENT, MOTION TO FILE SUPPLEMENTAL AUTHORITY, AND RENEWED RULE 56(F) MOTION Plaintiffs ConnectU, Inc., Cameron Winklevoss, Tyler Winklevoss, and Divya Narendra (collectively Plaintiffs), along with Defendants Facebook, Inc., Mark Zuckerberg, Dustin Moskovitz, Andrew McCollum, and Facebook, LLC (collectively "the Facebook Defendants"), hereby jointly move pursuant to Local Rule 7.1 to extend the time through and including March 10, 2008, in which to file Oppositions to the following Motions: (1) Defendant Mark Zuckerberg, Facebook, Inc., Dustin Moskovitz, Andrew

McCollum, and TheFacebook LLC's Motion for Summary Judgment on Plaintiffs' Claim of Copyright Infringement (Doc. 176, filed on February 12, 2008) ("Copyright MSJ"); and (2) Plaintiffs' (I) Notice of Motion and Memorandum of Law to File Supplemental

Dockets.Justia.com

Authority in Opposition to Defendants' Motion for Summary Judgment; and (II) Renewed Rule 56(f) Motion (Doc. 180, filed under seal on February 13, 2008) (collectively "the Renewed Rule 56(f) Motion"). Ordinarily, Opposition Briefs to the Copyright MSJ and Renewed Rule 56(f) Motion would be due February 26, 2008 and February 27, 2008, respectively. However, the parties agree that good cause exists for permitting the short extensions to file Oppositions through and including March 10, 2008. WHEREFORE, it is respectfully requested that the Court grant this assented-to motion to extend the time through and including March 10, 2008 for Plaintiffs and the Facebook Defendants to file Oppositions to the pending Copyright MSJ and Renewed Rule 56(f) Motion. CERTIFICATION PURSUANT TO LOCAL RULE 7.1 The undersigned jointly certify that counsel for the parties have conferred in an attempt to resolve or narrow the issues presented by this motion, and that counsel for Plaintiffs and Facebook Defendants have jointly assented to the relief requested by this motion, pursuant to an agreement between the parties.

Dated: February 14, 2008

Respectfully submitted, /s/ Monte Cooper /s/ Steven M. Bauer Jeremy P. Oczek PROSKAUER ROSE, LLP One International Plaza, 14th Floor Boston, MA 02110-2600 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] G. Hopkins Guy, III* I. Neel Chatterjee* Monte Cooper* Theresa A. Sutton* ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, California 94025 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] [e-mail] * Admitted Pro Hac Vice Attorneys for Defendants Facebook, Inc., Mark Zuckerberg, Dustin Moskovitz, Andrew McCollum, and Facebook, LLC
__/s/ Peter Calamari_/s/ _______________________ Peter Calamari (pro hac vice) Richard I. Werder, Jr. (pro hac vice) David E. Azar (pro hac vice) Adam B. Wolfson (pro hac vice) QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP 51 Madison Avenue New York, New York 10010-1601 T: [phone] F: [phone]

Daniel P. Tighe (BBO # 556583) Scott McConchie (BBO # 634127) GRIESINGER, TIGHE, & MAFFEI, L.L.P. 176 Federal Street Boston, MA 02110 T: [phone] F: [phone] Attorneys for Plaintiffs ConnectU, Inc., Cameron Winklevoss, Tyler Winklevoss and Divya Narendra

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 February 14, 2008. Dated: February 14, 2008. Respectfully submitted, /s/ Monte Cooper /s/