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

Filing 335

STATUS REPORT And Notice of Appellate Ruling From Ninth Circuit by Facebook, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Sutton, Theresa)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS

CONNECTU, INC., CAMERON
WINKLEVOSS, TYLER WINKLEVOSS,
AND DIVYA NARENDRA,
Plaintiff,
Civil Action No. 1:07-CV-10593-DPW
v.
Related Action No. 1:04-CV-11923 (DPW)
FACEBOOK, INC., MARK ZUCKERBERG,
EDUARDO SAVERIN, DUSTIN
MOSKOVITZ, ANDREW MCCOLLUM,
and FACEBOOK, LLC,
Defendants.

NOTICE OF APPELLATE RULING FROM NINTH CIRCUIT IN
FACEBOOK, INC. V. CONNECTU, INC., NO. 08-16745 AND STATUS REPORT
Pursuant to the Court’s September 30, 2009, Memorandum and Order requiring the
parties “to notify this Court with a status report within 10 days of any material developments
concerning the continued vitality of the Northern District of California Judgment,” Dkt. No. 274,
notice is hereby given that on April 18, 2011, Appellants Cameron Winklevoss, Tyler
Winklevoss and Divya Narendra filed a Motion for Rehearing En Banc; on May 16, 2011, the
Ninth Circuit Court of Appeals issued an Order and Amended Opinion, and denied Appellants’
Petition for Rehearing; on May 21, 2011, Appellants filed a Motion to Recall the Mandate.1
A true and correct copy of Appellants’ Petition for Rehearing is attached hereto as
Exhibit A.

1

On May 16, the Northern District of California issued an order spreading the mandate. That
order was subsequently withdrawn on May 24, because the mandate has not issued from the
Ninth Circuit.

-1-

A true and correct copy of the May 16, 2011, Order and Amended Opinion is attached
hereto as Exhibit B.
A true and correct copy of Appellants’ Motion to Recall Mandate, without attachments, is
attached hereto as Exhibit C.
Dated: May 26, 2011
/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: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Steven M. Bauer
Jeremy P. Oczek
PROSKAUER ROSE, LLP
One International Plaza, 14th Floor
Boston, Massachusetts 02110-2600
Telephone:
[phone]
Facsimile:
[phone]
ATTORNEYS FOR DEFENDANTS
MARK ZUCKERBERG, DUSTIN MOSKOVITZ,
ANDREW MCCOLLUM, and FACEBOOK, INC.

-2-

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 May 26, 2011.
Dated: May 26, 2011

Respectfully submitted,
/s/ Theresa A. Sutton /s/
Theresa A. Sutton

-3-