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

Filing 248

MOTION to Seal Exhibits 1, 2, and 3 to Opposition to Motion to Stay by Dustin Moskovitz, Andrew McCollum, Christopher Hughes, Thefacebook LLC, Facebook, Inc., Mark Zuckerberg. (Attachments: #1 Proposed Order)(Sutton, Theresa)

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

Doc. 24

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS CONNECTU, INC., CAMERON WINKLEVOSS, TYLER WINKLEVOSS, AND DIVYA NARENDRA, Plaint iff, v. FACEBOOK, INC., MARK ZUCKERBERG, EDUARDO SAVERIN, DUSTIN MOSKOVITZ, ANDREW MCCOLLUM, and FACEBOOK, LLC, Defendants. CONNECTU LLC, Plaint iffs, v. MARK ZUCKERBERG, EDUARDO SAVERIN, DUSTIN MOSKOVITZ, ANDREW MCCOLLUM, CHRISTOPHER HUGHES, and FACEBOOK, INC., Defendants. MARK ZUCKERBERG, and FACEBOOK, INC., Counterclaimants, v. CONNECTU LLC, Counterdefendant, and CAMERON WINKLEVOSS, TYLER WINKLEVOSS, and DIVYA NARENDRA, Additional Counterdefendants. Civil Action No. 1:04-CV-11923 (DPW)

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

ASSENTED-TO MOTION TO SEAL EXHIBITS 1, 2 AND 3 TO THE DECLARATION OF THERESA A. SUTTON IN SUPPORT OF FACEBOOK DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION TO STAY

Dockets.Justia.com

Defendants hereby move to file under seal pursuant to the Stipulated Protective Order entered between the parties in the related case, ConnectU v. Zuckerberg et al., Case No. 1:04-cv11923-DPW, the following documents: 1. EXHIBIT 1 TO THE DECLARATION OF THERESA A. SUTTON IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION TO STAY; EXHIBIT 2 TO THE DECLARATION OF THERESA A. SUTTON IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION TO STAY; AND EXHIBIT 3 TO THE DECLARATION OF THERESA A. SUTTON IN SUPPORT OF DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION TO STAY.

2.

3.

Defendants respectfully request permission to file these documents under seal. Exhibits 1 and 2 were ordered to be placed under seal on August 11, 2008, and November 25, 2008, respectively, in the Ninth Circuit Court of Appeals. Exhibit 3 contains details from the Settlement Agreement, which were ordered to be placed under seal on June 26, 2008, by the Northern District of California. In accordance with the Local Rules, Defendants respectfully request that these documents be impounded until the final resolution of this litigation between the parties, at which time they will be retrieved by counsel for Defendants. WHEREFORE, it is respectfully requested that the Court grant this assented-to motion to file the above-described documents under seal.

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CERTIFICATION PURSUANT TO LOCAL RULE 7.1 Counsel for Defendants certifies that pursuant to Local Rule 7.1, the parties have conferred regarding motions to seal, and counsel for Plaintiffs consent to such motions. Dated: December 29, 2008 Respect fully submitted, /s/ Theresa A. Sutton /s/ I. Neel Chatterjee (admitted pro hac vice) Monte Cooper (admitted pro hac vice) Theresa A. Sutton (admitted pro hac vice) ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, California 94025 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] m [e-mail] 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]

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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 December 29, 2008. Dated: December 29, 2008 Respect fully submitted, /s/ Theresa A. Sutton /s/ Theresa A. Sutton
OHS West:260572856.1 16069-2001 TS2/TS2

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