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

Filing 343

MOTION to Seal by Christopher Hughes, Andrew McCollum, Dustin Moskovitz, Thefacebook LLC, Mark Zuckerberg. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Chatterjee, I.)

EXHIBIT B

Case 5:07-cv-01389-JW

Document 452

1 I. NEEL CHATTERJEE (State Bar No. 173985)
[e-mail]
2 MONTE COOPER (State Bar No. 196746)
[e-mail]
3 THERESA A. SUTTON (State Bar No. 211857)
[e-mail]
4 YVONNE P. GREER (State Bar No. 214072)
[e-mail]
5 ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
6 Menlo Park, CA 94025
Telephone: [phone]
7 Facsimile: 650-614-7401
8 Attorneys for Plaintiffs
THE FACEBOOK, INC. and MARK
9 ZUCKERBERG

es Ware

17

D. MICHAEL UNDERHILL (pro hac vice)
[e-mail]
BOIES SCHILLER & FLEXNER LLP
5301 Wisconsin Avenue NW
Washington, D.C. 20015
Telephone: [phone]
Facsimile: [phone]

LI

ER

R NIA

S

m
Judge Ja

ERED

H

16

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15

NO

14

O ORD
IT IS S

STEVEN C. HOLTZMAN (State Bar No. 144177)
[e-mail]
BOIES SCHILLER & FLEXNER LLP
1999 Harrison Street, Suite 900
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]

SCOTT R. MOSKO (State Bar No. 106070)
[e-mail]
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, L.L.P.
Stanford Research Park
3300 Hillview Avenue
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

A

13

UNIT
ED

12

S DISTRICT
TE
C
TA

RT
U
O

11

Page 1 of 17

Attorneys for Defendant
CONNECTU, INC.

FO

10

Filed 06/20/2008

N

D IS T IC T
R

OF

Attorneys for Defendants WAYNE CHANG,
WINSTON WILLIAMS, PACIFIC NORTHWEST
SOFTWARE, INC., and CONNECTU, INC.

C

18
19

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

20

SAN JOSE DIVISION

21
THE FACEBOOK, INC. and MARK
22 ZUCKERBERG,
23
24

Plaintiffs,

Case No. 5:07-CV-01389-JW
[JOINT PROPOSED] ORDER RE
SEALING MOTIONS

v.

25 CONNECTU, INC. (formerly known as
CONNECTU, LLC), PACIFIC NORTHWEST
26 SOFTWARE, INC., WINSTON WILLIAMS,
and WAYNE CHANG,
27
Defendants.
28
[JOINT PROPOSED] ORDER RE SEALING MOTIONS
5:07-CV-01389-JW
OHS West:260454320.1

Case 5:07-cv-01389-JW

1

Document 452

Filed 06/20/2008

Page 2 of 17

Pursuant to the Court’s May 27, 2008, Order Re Sealing Motions, plaintiffs The Facebook, Inc.

2 and Mark Zuckerberg (“Facebook”) and defendants ConnectU, Inc., Pacific Northwest Software, Wayne
3 Chang, and Winston Williams submit the following summary of motions brought pursuant to Civil Local
4 Rule 79-5(d), which are currently pending.
5
6
7
8

(1) Identity of each
sealing motion by
docket number and
caption

(2) Declarations
in support of
the sealing
requested

(3) Documents and
exhibits to be sealed

9
10

Dkt#: 246

Dkt. #: 245

20

Dkt#: 255

No declaration
filed by
defendants in
support has been
filed for Exhibits
K, L-1, M-1 to
the Declaration
of Theresa
Sutton in
Support of
Plaintiffs’
Response to
Finnegan’s
Motion to
Withdraw as
Counsel for
Defendant
Winston
Williams
Dkt. #: 256

21

Caption: Plaintiffs’
Motion To Seal
Portions Of Their
Motion For Partial
Summary Judgment
Re Defendants’
Liability Pursuant
To California Penal
Code Section 502(c)
and 15 U.S.C. §
7704(a)(1) and 15
U.S.C. § 7704(b)(1),
The Declaration Of
Chris Shiflett In
Support Thereof

· Declaration
of Theresa A.
Sutton in
Support of
Plaintiffs’
Motion to Seal
Portions of Their
Motion for
Partial Summary
Judgment;,
Declaration of
Chris Shiflett,
Exhibits 1, 2, 3
to the
Declaration of

11
12
13
14
15
16
17

Caption: Plaintiffs’
Motion To Seal
Exhibits K, L-1, And
M-1 To The
Declaration Of
Theresa Sutton In
Support Of
Plaintiffs’ Response
To Finnegan’s
Motion To
Withdraw As
Counsel For
Defendant Winston
Williams

18
19

22
23
24
25
26
27
28

OHS
West:260454320.1

(4) Documents
and Exhibits
that designating
party
withdraws its
designation

(5)
Whether
motion to
seal is
opposed
Unopposed

Exhibits K, L-1, M-1 to
the Declaration of
Theresa Sutton in
Support of Plaintiffs’
Response to Finnegan’s
Motion to Withdraw as
Counsel for Defendant
Winston Williams

· Motion for Partial
Summary Judgment Re
Defendants’ Liability
Pursuant to California
Penal Code Section
502(c) and 15 U.S.C. §
7704(a)(1) and 15
U.S.C. § 7704(b)(1)

Dkt. #: 251

Unopposed

Dkt. #: 253
· Declaration of Chris
Shiflett in Support
· Exhibit 1, 2, 3, 4, 5,
6, to the Declaration of
2
[JOINT PROPOSED] ORDER RE SEALING MOTIONS
5:07-CV-01389-JW

Case 5:07-cv-01389-JW

1
2
3

Document 452

Filed 06/20/2008

(1) Identity of each
sealing motion by
docket number and
caption

(2) Declarations
in support of
the sealing
requested

(3) Documents and
exhibits to be sealed

Including Exhibits
1-3; And Exhibits 1,
2, And 4 To The
Declaration Of
Monte M.F. Cooper
In Support Thereof

Chris Shiflett,
Exhibits 1, 2, 4
to Declaration of
the Monte M.F.
Cooper in
Support

Chris Shiflett in Support

4
5
6
7
8

· No
declaration filed
by defendants in
support of
Exhibits 4, 5, 6,
to the
Declaration of
Chris Shiflett in
Support and
Exhibits 6-7, 1012, 28-34, 36-38,
40-43, 45-48,
50-55, 57-59, 61,
63-64 to the
Declaration of
Monte M.F.
Cooper

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Page 3 of 17

Dkt#: 274
Caption: Plaintiffs’
Motion To Seal
Portions Of Their
Motion To Compel
Compliance By
Defendants Pacific
Northwest Software
And Winston
Williams With
Order Granting
Motion To Compel
Supplemental
Interrogatory
Responses; And
Exhibits 3-6, 9 And
11-13 To The
Declaration Of
Monte M.F. Cooper
In Support Thereof;
And The Declaration
Of Chris Shiflett In
Support Thereof
OHS
West:260454320.1

(5)
Whether
motion to
seal is
opposed

Dkt. #: 252
· Exhibits 1, 2, 4, 6-7,
10-12, 28-34, 36-38, 4043, 45-48, 50-55, 57-59,
61, 63-64 to the
Declaration of Monte
M.F. Cooper

Dkt. #: 275
No declaration
filed by
defendants in
support of all
documents and
exhibits to seal
has been filed.

(4) Documents
and Exhibits
that designating
party
withdraws its
designation

Unopposed

· Motion to Compel
Compliance by
Defendants Pacific
Northwest Software and
Winston Williams with
Order Granting Motion
to Compel Supplemental
Interrogatory Responses
Dkt. #: 272
· Exhibits 3-6, 9, 1113, to the Declaration
of Monte M.F. Cooper
in Support
Dkt. #: 273
· Declaration of Chris
Shiflett and Exhibits
1, 1A, 2, 3 to the
Declaration of Chris
Shiflett
3
[JOINT PROPOSED] ORDER RE SEALING MOTIONS
5:07-CV-01389-JW

Case 5:07-cv-01389-JW

1
2
3

(1) Identity of each
sealing motion by
docket number and
caption

Document 452

(2) Declarations
in support of
the sealing
requested

Filed 06/20/2008

(3) Documents and
exhibits to be sealed

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20

Including Exhibits 1,
1A, 2-3
Dkt#: 302
Caption:
“Defendants’
Administrative
Motion to File
Under Seal The
Highlighted And
Unredacted Version
of Defendants
ConnectU LLC,
Pacific Northwest
Software, Inc.,
Winston Williams,
and Wayne Chang’s
Opposition to
Plaintiffs’ Motion
for Partial Summary
Judgment;
Declaration of
Winston Williams In
Support Thereof;
Declaration of G.
Hunter Jones,
Including Exhibit B;
And Exhibits A and
C to the Declaration
of Scott R. Mosko In
Support Thereof”

27
28

(5)
Whether
motion to
seal is
opposed

Unopposed

· The Highlighted
And Unredacted
Version of Defendants
ConnectU LLC, Pacific
Northwest Software,
Inc., Winston Williams,
and Wayne Chang’s
Opposition to Plaintiffs’
Motion for Partial
Summary Judgment
Dkt. #: 290
● Declaration of
Winston Williams in
support thereof

Dkt. #s: 298, 299
● Exhibits A and C to
the Declaration of Scott
R. Mosko in support
thereof

Dkt#: 313

Dkt. #: 305
· Declaration
of Theresa A.
Sutton In
Support of
Sealing Exhibit
A to the
Declaration of
Scott Mosko
Dkt. #: 315

Caption: Plaintiffs’
Motion To Seal
Exhibits A And E-H
To The Declaration
Of Theresa A.
Sutton In Support Of
Its Reply In Support
Of Motion For

· Declaration
of Yvonne P.
Greer In Support
of Sealing
Exhibits A, E, F,
G, H to the
Declaration of
Theresa A.

· Exhibits A, E, F, G,
H to the Declaration of
Theresa A. Sutton in
Support of its Reply in
Support of Motion for
Partial Summary
Judgment

23

26

(4) Documents
and Exhibits
that designating
party
withdraws its
designation

Dkt. #: 297
● Declaration of G.
Hunter Jones, Including
Exhibit B in support
thereof

22

25

· Declaration
of Scott R.
Mosko (found at
the end of the
motion for
sealing, Dk #
302)

Dkt. #: 306
· Declaration
of Yvonne Greer
In Support of
Sealing Exhibit
B to the
Declaration of G.
Hunter Jones

21

24

Dkt. #: 292

Page 4 of 17

OHS
West:260454320.1

Dkt. #: 316

Unopposed

4
[JOINT PROPOSED] ORDER RE SEALING MOTIONS
5:07-CV-01389-JW

Case 5:07-cv-01389-JW

1
2
3

Document 452

(1) Identity of each
sealing motion by
docket number and
caption

(2) Declarations
in support of
the sealing
requested

Partial Summary
Judgment Re
Defendants’
Liability Pursuant
To California Penal
Code Section 502(c)
And 15 U.S.C. §
7704(a)(1) And 15
U.S.C. § 7704(b)(1)
And Exhibits 1-3, 5
And 7 To The
Declaration Of I.
Neel Chatterjee In
Support Of Reply In
Support Of Motion
To Compel
Compliance By
Pacific Northwest
Software And
Winston Williams
With Order Granting
Motion To Compel
Supplemental
Interrogatory
Responses
Dkt#: 321

Supporting
Declaration of
Scott Mosko
(found at the end
of the motion for
sealing, Dk #
321)

(3) Documents and
exhibits to be sealed

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Page 5 of 17

Sutton in
Support of its
Reply in Support
of Motion for
Partial Summary
Judgment

Caption:
“Defendants’
Administrative
Motion to File
Under Seal The
Highlighted And
Unredacted Version
of Defendants’
ConnectU LLC,
Pacific Northwest
Software, Inc.,
Winston Williams
and Wayne Chang’s
(Revised)
Opposition to
Plaintiffs’ Motion
for Partial Summary
Judgment; And
Declaration of
Winston Williams In
Support Thereof”

Filed 06/20/2008

OHS
West:260454320.1

· No
declaration has
been filed by
defendants in
support of
Exhibits 1-3, 5, 7
to the
Declaration of I.
Neel Chatterjee
in Support of
Reply in Support
of Motion to
Compel
Compliance

(4) Documents
and Exhibits
that designating
party
withdraws its
designation

(5)
Whether
motion to
seal is
opposed

Dkt. #: 317
· Exhibits 1-3, 5, 7 to
the Declaration of I.
Neel Chatterjee in
Support of Reply in
Support of Motion to
Compel Compliance

Dkt. #: 322

Unopposed

· Highlighted And
Unredacted Version of
Defendants’ ConnectU
LLC, Pacific Northwest
Software, Inc., Winston
Williams and Wayne
Chang’s (Revised)
Opposition to Plaintiffs’
Motion for Partial
Summary Judgment;
Dkt. #: 323
● Declaration of
Winston Williams in
support thereof

5
[JOINT PROPOSED] ORDER RE SEALING MOTIONS
5:07-CV-01389-JW

Case 5:07-cv-01389-JW

1
2
3

(1) Identity of each
sealing motion by
docket number and
caption

Document 452

(2) Declarations
in support of
the sealing
requested

Filed 06/20/2008

(3) Documents and
exhibits to be sealed

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

Dkt#: 328

Dkt. #: 327

Caption: Plaintiffs’
Motion To Seal
Exhibits B-D To The
Declaration Of
Yvonne Greer
Submitting
Supplemental
Evidence In Support
Of Plaintiffs’
Motion For Partial
Summary Judgment
[Doc. 251] And
Motion To Compel
Compliance By
Pacific Northwest
Software and
Winston Williams
[Doc. 271]
Dkt#: 333

No declaration
has been filed in
support of
Exhibits B, C, D
to the
Declaration of
Yvonne Greer
Submitting
Supplemental
Evidence

Dkt. #: 329.

Caption: Plaintiffs’
Motion to Seal (I)
Plaintiffs’
Confidential Motion;
(II) Declaration of
Theresa A. Sutton
and Exhibits in
Support Thereof;
(III) Declaration of
Greg Roussel and
Exhibits in Support
Thereof; and (IV)
Declaration of Mark
Howitson

Declaration of
Theresa A.
Sutton Pursuant
to Civ.L.R. 7-11
and 79-5(b)

(4) Documents
and Exhibits
that designating
party
withdraws its
designation

(5)
Whether
motion to
seal is
opposed
Unopposed

· Exhibits B, C, D to
the Declaration of
Yvonne Greer
Submitting
Supplemental Evidence

Dkt. 334

Page 6 of 17

· Facebook, Inc. and
Mark Zuckerberg’s
Confidential Motion
with [Proposed] Order
Granting Confidential
Motion

23

Unopposed

Dkt. #: 330
· Declaration of
Theresa A. Sutton in
Support of Facebook,
Inc. and Mark
Zuckerberg’s
Confidential Motion
· Exhibits A and B to
the Declaration of
Theresa A. Sutton

24
25

Dkt. #: 331
· Declaration of Greg
Roussel in Support of
Facebook, Inc. and
Mark Zuckerberg’s
Confidential Motion

26
27
28
OHS
West:260454320.1

6
[JOINT PROPOSED] ORDER RE SEALING MOTIONS
5:07-CV-01389-JW

Case 5:07-cv-01389-JW

1
2
3

(1) Identity of each
sealing motion by
docket number and
caption

Document 452

(2) Declarations
in support of
the sealing
requested

Filed 06/20/2008

(3) Documents and
exhibits to be sealed

4

6
7
8
9

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

(4) Documents
and Exhibits
that designating
party
withdraws its
designation

(5)
Whether
motion to
seal is
opposed

· Exhibits A through
C to the Declaration of
Greg Roussel

5

10

Page 7 of 17

Dkt. #: 332
· Declaration of Mark
Howitson in Support of
Facebook, Inc. and
Mark Zuckerberg’s
Confidential Motion
Dkt. #: 357

Dkt #: 355

Dkt. #: 356.

Caption: Plaintiffs’
Administrative
Motion to Seal: (1)
Administrative
Request Pursuant to
Civil L.R. 7-11; (2)
Declaration of I.
Neel Chatterjee in
Support of
Administrative
Request, and
Exhibits Attached
Thereto; (3)
Proposed Order
Granting
Administrative
Request
Dkt#: 360

Declaration of
Theresa A.
Sutton Pursuant
to Civ.L.R. 7-11
and 79-5(b)

Dkt. #: 361

Not e-filed

Caption:
“ConnectU’s
Administrative
Motion to Seal:

Declaration of
Evan A. Parke In
Support of
ConnectU’s
Administrative
Motion to Seal

Unopposed

· ConnectU’s
Opposition to Plaintiffs’
Administrative Request
Pursuant to Civil L.R. 711;

(1) ConnectU’s
Opposition to
Plaintiffs’
Administrative
Request Pursuant to
Civil L.R. 7-11;
(2) Declaration of
Evan A. Parke and
exhibits in support
thereof; and
OHS
West:260454320.1

· Administrative
Request Pursuant to
Civil L.R. 7-11
· Declaration of I.
Neel Chatterjee in
Support of
Administrative Request
· Exhibits A and B to
the Declaration of I.
Neel Chatterjee
· [Proposed] Order
Granting Administrative
Request

(1) ConnectU’s
Opposition to
Plaintiffs’
Administrative
Request Pursuant
to Civil L.R. 711;

Unopposed

● Declaration of Evan
A. Parke and all exhibits
attached thereto
● [Proposed] Order on
Administrative Request
pursuant to Civil L.R. 711.

(2) Declaration
of Evan A. Parke
7
[JOINT PROPOSED] ORDER RE SEALING MOTIONS
5:07-CV-01389-JW

Case 5:07-cv-01389-JW

1
2
3

(1) Identity of each
sealing motion by
docket number and
caption

Document 452

(2) Declarations
in support of
the sealing
requested

Filed 06/20/2008

(3) Documents and
exhibits to be sealed

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

(3) [Proposed] Order and exhibits in
on Administrative
support thereof;
Request pursuant to and
Civil L.R. 7-11.”
(3) [Proposed]
Order on
Administrative
Request pursuant
to Civil L.R. 711.
Dkt #: 368
Dkt. #: 369
Dkt #: 366:
Caption: Plaintiffs’
Administrative
Motion to Seal: (1)
Administrative
request for Leave to
File Reply to, and
Motion to Strike
Portions of,
ConnectU, Inc’s
Opposition; (2)
[Proposed] Order
Granting
Administrative
Request for Leave to
File Pursuant to
Civil L.R. 7-11; (3)
Declaration of
Yvonne P. Greeer,
and Exhibits, in
Support of
Plaintiffs’
Administrative
Request for Leave to
File Pursuant to
Civil L.R. 7-11.
Dkt#: 371

Declaration of
Theresa A.
Sutton Pursuant
to Civ.L.R. 7-11
and 79-5(b)

Dkt. #: 372

Dkt. #: 374

Caption:
“ConnectU’s
Administrative
Motion to Seal:

Declaration of
Evan A. Parke In
Support Of
ConnectU’s
Administrative
Motion to Seal

Page 8 of 17

(4) Documents
and Exhibits
that designating
party
withdraws its
designation

(5)
Whether
motion to
seal is
opposed

Unopposed

· Declaration of Evan
A. Parke in Support of
ConnectU, Inc.’s
Motion for Expedited
Discovery and
Evidentiary Hearing,
and all exhibits attached
thereto

(1) ConnectU’s
Notice and Motion
for Expedited
Discovry and
OHS
West:260454320.1

· Administrative
request for Leave to File
Reply to, and Motion to
Strike Portions of,
ConnectU, Inc’s
Opposition
· [Proposed] Order
Granting Administrative
Request for Leave to
File Pursuant to Civil
L.R. 7-11
· Declaration of
Yvonne P. Greer in
Support of Plaintiffs’
Administrative Request
for Leave to File
Pursuant to Civil L.R. 711
· Exhibits A and B to
the Declaration of
Yvonne P. Greer

(1) ConnectU’s
Notice and

Unopposed

8
[JOINT PROPOSED] ORDER RE SEALING MOTIONS
5:07-CV-01389-JW

Case 5:07-cv-01389-JW

1
2
3

(1) Identity of each
sealing motion by
docket number and
caption

Document 452

(2) Declarations
in support of
the sealing
requested

Filed 06/20/2008

(3) Documents and
exhibits to be sealed

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19

Evidentiary Hearing; Motion for
Expedited
(2) Declaration of
Discovry and
Evan A. Parke,
Evidentiary
Cameron
Hearing;
Winklevoss, Robert
T. Clarkson, and
(2) Declaration
Donna M.
of Evan A.
Hitcherich and
Parke, Cameron
exhibits in support
Winklevoss,
thereof,
Robert T.
Clarkson, and
(3) [Proposed] Order Donna M.
on Motion for
Hitcherich and
Expedited Discovery exhibits in
and Evidentiary
support thereof,
Hearing,
(3) [Proposed]
(4) ConnectU’s
Order on Motion
Motion to Shorten
for Expedited
Time and
Discovery and
Declaration of Evan Evidentiary
A. Parke in support, Hearing,
and
(4) ConnectU’s
(5) [Proposed] Order Motion to
on ConnectU’s
Shorten Time
Motion to Shorten
and Declaration
Time.”
of Evan A. Parke
in support, and

20

Dkt #: 376

(5) [Proposed]
Order on
ConnectU’s
Motion to
Shorten Time.
Dkt. # 377

Caption:
Administrative
Motion by NonParties R. Gregory
Roussel and
Fenwick & West
LLP to Seal: (1)
Notice of Motion
and Motion to Quash
and for Protective

Declaration of
Kalama M. LuiKwan in Support
of
Administrative
Motion by NonParties R.
Gregory Roussel
and Fenwick &
West LLP to

21
22
23
24
25
26
27
28

OHS
West:260454320.1

Page 9 of 17

(4) Documents
and Exhibits
that designating
party
withdraws its
designation

(5)
Whether
motion to
seal is
opposed

● ConnectU’s Notice
and Motion for
Expedited Discovery
and Evidentiary Hearing
● Declaration of
Cameron Winklevoss
● Declaration of Robert
T. Clarkson
● Declaration of Donna
M. Hitcherich
● [Proposed] Order on
Motion for Expedited
Discovery and
Evidentiary Hearing
● [Proposed] Order on
ConnectU’s Motion to
Shorten Time.

Dkt. #: 378

Unopposed

· Motion to Quash and
for Protective Order;
[Proposed] Order
Dkt #: 379
· Declaration of
Kalama M. Lui-Kwan in
Support of Motion to
Quash and for Protective
Order
9
[JOINT PROPOSED] ORDER RE SEALING MOTIONS
5:07-CV-01389-JW

Case 5:07-cv-01389-JW

1
2
3

(1) Identity of each
sealing motion by
docket number and
caption

Document 452

(2) Declarations
in support of
the sealing
requested

Filed 06/20/2008

(3) Documents and
exhibits to be sealed

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Order;
Seal Documents
Memorandum of
Points and
Authorities; (2)
Declaration of
Kalama M. LuiKwan in Support of
Motion to Quash and
for Protective Order;
(3) [Proposed] Order
Granting Motion to
Quash and for
Protective Order (4)
Miscellaneous
Administrative
Request by R.
Gregory Roussel to
Change Time of
Deposition Pursuant
to Civil Local Rule
7-11 (5) Declaration
of Kalama M. LuiKwan in Support of
Request by R.
Gregory Roussel to
Change Time of
Deposition Pursuant
to Civil Local Rule
7-11 (6) [Proposed]
Order Granting
Miscellaneous
Administrative
Request by R.
Gregory Roussel to
Change Time of
Deposition
Dkt#: 383
Dkt. #: 384
Caption:
“ConnectU’s
Administrative
Motion to Seal:
(1) ConnectU, Inc.’s
Opposition to
Facebook’s
Administrative
Request For Leave
OHS
West:260454320.1

Page 10 of 17

(4) Documents
and Exhibits
that designating
party
withdraws its
designation

(5)
Whether
motion to
seal is
opposed

· Exhibit A to the
Declaration of Kalama
M. Lui-Kwan
Dkt. #: 380
· Administrative
Request by R. Gregory
Roussel to Change Time
of Deposition Pursuant
to Civil Local Rule 711; [Proposed] Order
Dkt. #: 381
· Declaration of
Kalama M. Lui-Kwan in
Support of
Miscellaneous
Administrative Request
by R. Gregory Roussel
to Change Time of
Deposition Pursuant to
Civil Local Rule 7-11
· Exhibit A
Declaration of Kalama
M. Lui-Kwan in Support
of Miscellaneous
Administrative Request
by R. Gregory Roussel

Dkt. #: 386

Unopposed

Declaration of
Steven C.
Holtzman In
Support Of
ConnectU’s
Administrative
Motion to Seal

· ConnectU, Inc.’s
Opposition to
Facebook’s
Administrative Request
For Leave To File Reply
To, And Motion To
Strike Portions Of,
ConnectU’s Opposition
(1) ConnectU,
To Plaintiff’s
Inc.’s Opposition Administrative Request
10
[JOINT PROPOSED] ORDER RE SEALING MOTIONS
5:07-CV-01389-JW

Case 5:07-cv-01389-JW

1
2
3

(1) Identity of each
sealing motion by
docket number and
caption

Document 452

(2) Declarations
in support of
the sealing
requested

Filed 06/20/2008

(3) Documents and
exhibits to be sealed

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

To File Reply To,
And Motion To
Strike Portions Of,
ConnectU’s
Opposition To
Plaintiff’s
Administrative
Request Pursuant To
Civil L.R. 7-11; and

to Facebook’s
Administrative
Request For
Leave To File
Reply To, And
Motion To Strike
Portions Of,
ConnectU’s
Opposition To
Plaintiff’s
(2) [Proposed] Order Administrative
Denying Plaintiffs’
Request Pursuant
Admin Request For To Civil L.R. 7Leave To File Reply 11; and
To, And Motion To
Strike Portions Of,
(2) [Proposed]
ConnectU’s
Order Denying
Opposition To
Plaintiffs’
Plaintiffs’
Admin Request
Administrative
For Leave To
Request Pursuant To File Reply To,
Civil L.R. 7-11.”
And Motion To
Strike Portions
Of, ConnectU’s
Opposition To
Plaintiffs’
Administrative
Request Pursuant
To Civil L.R. 711.
Dkt #: 393
Dkt. #: 394
Caption:
“ConnectU’s
Administrative
Motion to Seal:

27

(1) Administrative
Request Pursuant to
Civil L.R. 7-11 To
Reschedule Hearing
On Facebook And
Mark Zuckerberg’s
Motion to Enforce
Alleged Settlement
Agreement;

28

(2) Declaration of

24
25
26

OHS
West:260454320.1

Declaration of
Steven C.
Holtzman In
Support Of
ConnectU’s
Administrative
Motion to Seal
(1)
Administrative
Request Pursuant
to Civil L.R. 711 To
Reschedule
Hearing On
Facebook And

Page 11 of 17

(4) Documents
and Exhibits
that designating
party
withdraws its
designation

(5)
Whether
motion to
seal is
opposed

Pursuant To Civil L.R.
7-11
● [Proposed] Order
Denying Plaintiffs’
Admin Request For
Leave To File Reply To,
And Motion To Strike
Portions Of, ConnectU’s
Opposition To
Plaintiffs’
Administrative Request
Pursuant To Civil L.R.
7-11.

Dkt. #: 396

Unopposed

· ConnectU, Inc.’s
Reply in Support of
Motion to Shorten Time
for Motion For
Expedited Discovery
and Evidentiary Hearing
● Administrative
Request Pursuant to
Civil L.R. 7-11 To
Reschedule Hearing On
Facebook And Mark
Zuckerberg’s Motion to
Enforce Alleged
Settlement Agreement
11
[JOINT PROPOSED] ORDER RE SEALING MOTIONS
5:07-CV-01389-JW

Case 5:07-cv-01389-JW

1
2
3

(1) Identity of each
sealing motion by
docket number and
caption

Document 452

(2) Declarations
in support of
the sealing
requested

Filed 06/20/2008

(3) Documents and
exhibits to be sealed

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

Steven C. Holtzman
in support thereof;

Mark
Zuckerberg’s
Motion to
(3) [Proposed] Order Enforce Alleged
Granting
Settlement
ConnectU’s
Agreement;
Administrative
Request Pursuant To (2) Declaration
Civil L.R. 7-11 To
of Steven C.
Reschedule Hearing Holtzman in
ON Facebook and
support thereof;
Mark Zuckerberg’s
Motion to Enforce
(3) [Proposed]
Alleged Settlement
Order Granting
Agreement; and
ConnectU’s
Administrative
(4) ConnectU, Inc.’s Request Pursuant
Reply in Support of To Civil L.R. 7Motion to Shorten
11 To
Time for Motion For Reschedule
Expedited Discovery Hearing ON
and Evidentiary
Facebook and
Hearing
Mark
Zuckerberg’s
Motion to
Enforce Alleged
Settlement
Agreement; and

19
20
21
22
23
24

Dkt #: 401

25

Caption: Plaintiffs’
Administrative
Motion to Seal: (1)
Plaintiff’s
Opposition to
ConnectU’s [May
23, 2008]

26
27
28

OHS
West:260454320.1

(4) Documents
and Exhibits
that designating
party
withdraws its
designation

(5)
Whether
motion to
seal is
opposed

● Declaration of Steven
Holtzman in support
thereof and attached
exhibits
● [Proposed] Order
Granting ConnectU’s
Administrative Request
Pursuant To Civil L.R.
7-11 To Reschedule
Hearing ON Facebook
and Mark Zuckerberg’s
Motion to Enforce
Alleged Settlement
Agreement

(4) ConnectU,
Inc.’s Reply in
Support of
Motion to
Shorten Time for
Motion For
Expedited
Discovery and
Evidentiary
Hearing
Dkt. #: 402
Dkt #: 399
Declaration of
Theresa A.
Sutton Pursuant
to Civil Local
Rule 7-11 and
79-5(B)

Page 12 of 17

Unopposed

· Plaintiff’s
Opposition to
ConnectU’s [May 23,
2008] Administrative
Request Pursuant to
Civil L.R. 7-11
12
[JOINT PROPOSED] ORDER RE SEALING MOTIONS
5:07-CV-01389-JW

Case 5:07-cv-01389-JW

1
2
3

(1) Identity of each
sealing motion by
docket number and
caption

Document 452

(2) Declarations
in support of
the sealing
requested

Filed 06/20/2008

(3) Documents and
exhibits to be sealed

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Administrative
Request Pursuant to
Civil L.R. 7-11; (2)
[Proposed] Order
Denying ConnectU’s
[May 23, 2008]
Administrative
request Pursuant to
Civil L.R. 7-11; (3)
Declaration of
Theresa Sutton in
Support of
Plaintiffs’
Opposition to
ConnectU’s [May
23, 2008]
Administrative
Request Pursuant to
Civil L.R. 7-11.
Dkt#: 404
Dkt. #: 405
Caption:
“ConnectU’s
Administrative
Motion to Seal:
(1) ConnectU, Inc.’s
Opposition to
Facebook, Inc. and
Mark Zuckerberg’s
Confidential Motion
to Enforce
Settlement
Agreement;

Declaration of
Steven C.
Holtzman In
Support of
ConnectU’s
Administrative
Motion to Seal

(2) Second
Declaration of Evan
A. Parke in support
thereof,

(1) ConnectU,
Inc.’s Opposition
to Facebook, Inc.
and Mark
Zuckerberg’s
Confidential
Motion to
Enforce
Settlement
Agreement;

(3) Supplemental
Declaration of
Robert T. Clarkson
in support thereof

Page 13 of 17

(4) Documents
and Exhibits
that designating
party
withdraws its
designation

(5)
Whether
motion to
seal is
opposed

· [Proposed] Order
Denying ConnectU’s
[May 23, 2008]
Administrative request
Pursuant to Civil L.R. 711
· Declaration of
Theresa Sutton in
Support of Plaintiffs’
Opposition to
ConnectU’s [May 23,
2008] Administrative
Request Pursuant to
Civil L.R. 7-11.

Dkt. #: 407

Unopposed

· Second Declaration
of Evan A. Parke and all
Exhibits attached thereto
● ConnectU’s Notice
and Motion for
Expedited Discovery
and Evidentiary Hearing

(2) Second
Declaration of
Evan A. Parke in
support thereof,

(4) Declaration of
Robert T. Clarkson
in support thereof
OHS
West:260454320.1

● Declaration of
Cameron Winklevoss
● Declaration of Robert
T. Clarkson
● Declaration of Donna
M. Hitscherich

● [Proposed] Order
Denying The
Confidential motion By
The Facebook, Inc. and
Mark Zuckerberg To
(3) Supplemental Enforce A Purported
Declaration of
Settlement Agreement
Robert T.
13
[JOINT PROPOSED] ORDER RE SEALING MOTIONS
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Case 5:07-cv-01389-JW

1
2
3

Document 452

(1) Identity of each
sealing motion by
docket number and
caption

(2) Declarations
in support of
the sealing
requested

(5) Declaration of
Cameron
Winklevoss in
support thereof
(6) Corrected
Declaration of
Donna Hitscherich
in support thereof;
and
(7) [Proposed] Order
Denying The
Confidential motion
By The Facebook,
Inc. and Mark
Zuckerberg To
Enforce A Purported
Settlement
Agreement”

Filed 06/20/2008

(3) Documents and
exhibits to be sealed

Clarkson in
support thereof

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19

Dkt #: 409

20

Caption:
“ConnectU’s
Administrative
Motion to Seal:

21
22
23
24
25
26
27
28

Page 14 of 17

(1) ConnectU, Inc.’s
Opposition to
Motion to Quash;
(2) Second
Declaration of Evan
A. Parke in support
thereof;
(3) Supplemental
Declaration of
Robert T. Clarkson
OHS
West:260454320.1

(4) Documents
and Exhibits
that designating
party
withdraws its
designation

(5)
Whether
motion to
seal is
opposed

(4) Declaration
of Robert T.
Clarkson in
support thereof
(5) Declaration
of Cameron
Winklevoss in
support thereof
(6) Corrected
Declaration of
Donna
Hitscherich in
support thereof;
and
(7) [Proposed]
Order Denying
The Confidential
motion By The
Facebook, Inc.
and Mark
Zuckerberg To
Enforce A
Purported
Settlement
Agreement
Dkt. #: 410
Declaration of
Steven C.
Holtzman In
Support of
ConnectU’s
Administrative
Motion to Seal:

Dkt. #: 412

Unopposed

· Second Declaration
of Evan A. Parke and all
Exhibits attached
thereto
● ConnectU, Inc.’s
Opposition to Motion to
Quash

(1) ConnectU,
Inc.’s Opposition
to Motion to
● Declaration of
Quash;
Cameron Winklevoss
(2) Second
Declaration of
Evan A. Parke in
support thereof;

● Declaration of Robert
T. Clarkson
● Declaration of Donna
14
[JOINT PROPOSED] ORDER RE SEALING MOTIONS
5:07-CV-01389-JW

Case 5:07-cv-01389-JW

1
2
3

(1) Identity of each
sealing motion by
docket number and
caption

Document 452

(2) Declarations
in support of
the sealing
requested

Filed 06/20/2008

(3) Documents and
exhibits to be sealed

4
5
6
7
8
9
10
11
12
13
14
15
16

in support thereof;
(4) Declaration of
Robert T. Clarkson
in support thereof;
(5) Declaration of
Cameron
Winklevoss in
support thereof;
(6) Corrected
Declaration of
Donna Hitscherich
in support thereof;
and
(7) [Proposed] Order
Denying The Motion
To Quash And For
A Protective Order
Filed By Fenwick &
West LLP And
Gregory Roussel

17
18
19
20
21

Dkt#: 415 & 425

22

Caption:
Administrative
Motion by NonParties R. Gregory
Roussel and
Fenwick & West
LLP to Seal: (1)
Reply in Support of
Motion to Quash and
for Protective Order;
(2) Corrected
Declaration of
Kalama M. Lui-

23
24
25
26
27
28

OHS
West:260454320.1

(3) Supplemental
Declaration of
Robert T.
Clarkson in
support thereof;
(4) Declaration
of Robert T.
Clarkson in
support thereof;

Page 15 of 17

(4) Documents
and Exhibits
that designating
party
withdraws its
designation

(5)
Whether
motion to
seal is
opposed

M. Hitscherich
● [Proposed] Order
Denying The Motion To
Quash And For A
Protective Order Filed
By Fenwick & West
LLP And Gregory
Roussel

(5) Declaration
of Cameron
Winklevoss in
support thereof;
(6) Corrected
Declaration of
Donna
Hitscherich in
support thereof;
and
(7) [Proposed]
Order Denying
The Motion To
Quash And For
A Protective
Order Filed By
Fenwick & West
LLP And
Gregory Roussel
Dkt. # 418
Declaration of
Kalama M. LuiKwan in Support
of
Administrative
Motion by NonParties R.
Gregory Roussel
and Fenwick &
West LLP to
Seal Documents

Dkt. #: 415

Unopposed

· Reply in Support of
Motion to Quash and for
Protective Order
Dkt. #: 416
· Corrected
Declaration of Kalama
M. Lui-Kwan in Support
of Motion to Quash and
for Protective Order

15
[JOINT PROPOSED] ORDER RE SEALING MOTIONS
5:07-CV-01389-JW

Case 5:07-cv-01389-JW

1
2
3

(1) Identity of each
sealing motion by
docket number and
caption

Document 452

(2) Declarations
in support of
the sealing
requested

Filed 06/20/2008

(3) Documents and
exhibits to be sealed

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19

Kwan in Support of
Motion to Quash and
for Protective Order
Dkt#: 426
Dkt. #: 427
Caption: Plaintiffs’
Administrative
Motion to Seal: (1)
Plaintiffs’ Reply in
Support of
Confidential Motion;
(2) Declaration of I.
Neel Chatterjee and
Exhibits in Support
Thereof; (3)
Declaration of
Atulya Sarin, Ph.D.
and Exhibits in
Support Thereof; (4)
Declaration of Ted
Wang in Support
Thereof; (5)
Plaintiffs’
Objections to and
Motion to Strike
Evidence Submitted
in ConnectU’s
Opposition to
Plantiffs’
Confidential Motion

20

Declaration of
Theresa A.
Sutton Pursuant
to Civil Local
Rule 7-11 and
79-5(B) in
Support of
Plaintiffs’
Administrative
Motion to Seal
[Dkt#: 427]

Dkt. #: 420

Page 16 of 17

(4) Documents
and Exhibits
that designating
party
withdraws its
designation

(5)
Whether
motion to
seal is
opposed

Unopposed

· Plaintiffs’ Reply in
Support of Confidential
Motion
Dkt. #: 421
· Declaration of I.
Neel Chatterjee in
Support of Plaintiffs’
Reply in Support of
Confidential Motion
· Exhibits A through
G to the Declaration of
I. Neel Chatterjee
Dkt. # 422
· Declaration of
Atulya Sarin, Ph.D. in
Support of Plaintiffs’
Reply in Support of
Confidential Motion
· Exhibits 1 and 2 to
the Declaration of
Atulya Sarin, Ph.D.
Dkt. # 423
· Declaration of Ted
Wang in Support
Facebook, Inc. and
Mark Zuckerberg’s
Confidential Motion

21
22
23

Dkt. # 424
· Plaintiffs’
Objections to and
Motion to Strike
Evidence Submitted in
ConnectU’s Opposition
to Plantiffs’
Confidential Motion

24
25
26
27
28
OHS
West:260454320.1

16
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Case 5:07-cv-01389-JW

1

Document 452

Filed 06/20/2008

Page 17 of 17

Position Statement by Defendant ConnectU, Inc. (“ConnectU”):

It is the position of

2 ConnectU that Facebook has not met its burden of showing that all of the information found in
3 Facebook’s April 23, 2008, motion to enforce and supporting papers, and all of the information found in
4 related motions (the subject of the various motions to seal filed by the parties between April 23, 2008,
5 and June 9, 2008) should be filed under seal; ConnectU’s attempts to obtain consent from Facebook to
6 de-designate were unsuccessful. By including the information in the chart (above), ConnectU does not
7 waive any arguments or rights as to (i) the admissibility or inadmissibility of evidence surrounding the
8 mediation term sheet and the mediation, (ii) the scope and unenforceability of any confidentiality
9 provision of any agreement, (iii) the unenforceability of any purported agreement, and (iv) revisiting the
10 issue of de-designation should the Court at the present time grant all sealing motions but ultimately deny
11 Facebook’s April 23, 2008, motion.
12

Upon good cause shown, IT IS HEREBY ORDERED

13 _________that the motions filed by the parties are GRANTED, and that the above-listed documents shall
14 be filed under seal in their entireties by the Clerk.
15 [or]
16 _________ that the motions filed by the parties are GRANTED with respect to motions to seal filed
17 before April 23, 2008, and that the Court DENIES the motions to file under seal relating to filings on or
18 after April 23, 2008, which relate to Facebook’s “Confidential Motion” filed on April 23, 2008.1
19
20
21
22

IT IS SO ORDERED.
Dated: June 20, 2008
Honorable James Ware
United States District Judge

23
24
25
26

1

Plaintiffs do not agree with this alternative proposed order. The parties agreed to keep the terms of the
27 Settlement Agreement confidential. Further, any defendant’s opposition(s) to the proposed sealing are
now untimely to the extent more than three days have passed since the request was filed. Civil L.R. 728 11(b).
OHS
West:260454320.1

17
[JOINT PROPOSED] ORDER RE SEALING MOTIONS
5:07-CV-01389-JW