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

Filing 272

NOTICE by Dustin Moskovitz, Andrew McCollum, Christopher Hughes, Thefacebook LLC, Connectu, Inc., Facebook, Inc., Mark Zuckerberg re 263 Memorandum in Support of Motion, 262 MOTION to Disqualify Counsel Notice of Entry of Order Remanding ConnectU, Inc.'s Motion to Disqualify Counsel to the District Court, Order Requiring Further Briefing and Setting Hearing on ConnectU's Motion to Disqualify, and the Parties' Responses Thereto (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Sutton, Theresa)

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Connectu, Inc. v. Facebook, Inc. et al Doc. 272 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS CONNECTU, INC., CAMERON WINKLEVOSS, TYLER WINKLEVOSS, AND DIVYA NARENDRA, Plaintiff, v. FACEBOOK, INC., MARK ZUCKERBERG, EDUARDO SAVERIN, DUSTIN MOSKOVITZ, ANDREW MCCOLLUM, and FACEBOOK, LLC, Defendants. CONNECTU LLC, Plaintiffs, 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 -1Dockets.Justia.com NOTICE OF ENTRY OF ORDER REMANDING CONNECTU, INC.'S MOTION TO DISQUALIFY COUNSEL TO THE DISTRICT COURT, ORDER REQUIRING FURTHER BRIEFING AND SETTING HEARING ON CONNECTU'S MOTION TO DISQUALIFY, AND THE PARTIES' RESPONSES THERETO Notice is hereby given that on July 1, 2009, Chief Judge Kozinski and Circuit Judges Paez and Tallman of the United States Court of Appeals for the Ninth Circuit remanded to the District Court for the limited purpose of enabling the District Court to consider the issues raised in ConnectU, Inc.'s motion to disqualify counsel, a copy of which is attached hereto as Exhibit 1. On July 29, 2009 the Honorable James Ware, Northern District of California, entered an order requiring further briefing and setting a hearing on ConnectU's motion to disqualify, a copy of which is attached hereto as Exhibit 2. Facebook, Zuckerberg, and ConnectU filed a joint stipulated response to the facts regarding the motion to disqualify on August 7, 2009, a copy of which is attached hereto as Exhibit 3. The Founders' filed their statement regarding ConnectU's appellate motion to disqualify and declaration also on August 7, 2009, a copy of which is attached hereto as Exhibit 4. -2- Dated: August 11, 2009 /s/ Theresa A. Sutton /s/ I. Neel Chatterjee (admitted pro hac vice) Monte M.F. Cooper (admitted pro hac vice) Theresa A. Sutton (admitted pro hac vice) ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, California 94025 Telephone: (650) 614-7400 Facsimile: (650) 614-7401 nchatterjee@orrick.com mcooper@orrick.com tsutton@orrick.com Steven M. Bauer Jeremy P. Oczek PROSKAUER ROSE, LLP One International Plaza, 14th Floor Boston, Massachusetts 02110-2600 Telephone: (617) 526-9600 Facsimile: (617) 526-9899 ATTORNEYS FOR MARK ZUCKERBERG, DUSTIN MOSKOVITZ, ANDREW MCCOLLUM, CHRISTOPHER HUGHES, and FACEBOOK, INC. -3- 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 August 11, 2009. Dated: August 11, 2009 Respectfully submitted, /s/ Theresa A. Sutton /s/ Theresa A. Sutton OHS West:260708269.1 -4-

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