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

Filing 315

Assented to MOTION for Leave to File Facebook's Reply Memorandum In Support of Motion to Enjoin Plaintiffs and Their Counsel by Facebook, Inc..(Sutton, Theresa)

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

Doc. 315

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 MOTION FOR LEAVE TO FILE FACEBOOK'S REPLY MEMORANDUM IN SUPPORT OF MOTION TO ENJOIN PLAINTIFFS AND THEIR COUNSEL

Dockets.Justia.com

Facebook hereby move for leave to file a Reply Memorandum in Support of the Facebook's Motion to Enjoin Plaintiffs and their Counsel. (attached hereto as Exhibit A). As grounds for this motion, a Reply brief is necessary to address new issues raised in the ConnectU Founders' Opposition and Finnegan's Response and to clarify the record for the Court. Defendants' Reply will clarify the issues and will assist the Court in deciding whether or not to grant the requested motion to enjoin. The Proposed Order granting this assented-to motion is attached as Exhibit B. CERTIFICATION UNDER L.R. 7.1 Facebook Defendants' counsel hereby certifies under L.R. 7.1 that counsel for the parties have assented to the filing of reply briefs. Dated: November 24, 2009 Respectfully 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] [e-mail] [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 November 24, 2009. Dated: November 24, 2009. Respectfully submitted, /s/ Theresa A. Sutton /s/ Theresa A. Suttonr
OHS West:260782001.1

EXHIBIT A

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.

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

NOTICE OF FILING WITH CLERK'S OFFICE Notice is hereby given that the documents, exhibits or attachments listed below have been manually filed with the Court and are available in paper form only: 1. FACEBOOK'S REPLY MEMORANDUM IN SUPPORT OF MOTION TO ENJOIN PLAINTIFFS AND THEIR COUNSEL.

The original documents are maintained in the case file in the Clerk's office. /// ///

-1OHS West:260782509.1

Dated: November 24, 2009.

Respectfully submitted, /s/ Theresa A. Sutton /s/ 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] * Admitted Pro Hac Vice 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]

-2OHS West:260782509.1

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 24, 2009. Dated: November 24, 2009. Respectfully submitted, /s/ Theresa A. Sutton /s/ Theresa A. Sutton

-3OHS West:260782509.1

EXHIBIT B

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

[PROPOSED] ORDER GRANTING ASSENTED-TO MOTION FOR LEAVE TO FILE FACEBOOK'S REPLY MEMORANDUM IN SUPPORT OF MOTION TO ENJOIN PLAINTIFFS AND THEIR COUNSEL

Having considered Facebook's Assented to Motion for Leave to File Facebook Reply Memorandum in Support of Motion to Enjoin Plaintiffs and their Counsel, this Court orders as follows: Facebook is granted leave to file the Reply attached as Exhibit A to its Motion for Leave. IT IS SO ORDERED Dated: _______________, 2009 Hon. Douglas P. Woodlock

-1OHS West:260339819.1