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

Filing 345

Opposition re #338 MOTION Motion For Access To Pleadings And Discovery Files filed by Facebook, Inc., Christopher Hughes, Andrew McCollum, Dustin Moskovitz, Mark Zuckerberg. (Attachments: #1 Affidavit Declaration of Monte Cooper, #2 Exhibit Ex. 1 to Cooper Decl., #3 Exhibit Ex. 2 to Cooper Decl., #4 Exhibit Ex. 3 to Cooper Decl., #5 Exhibit Ex. 4 to Cooper Decl., #6 Exhibit Ex. 5 to Cooper Decl., #7 Exhibit Ex. 6 to Cooper Decl., #8 Exhibit Ex. 7 to Cooper Decl., #9 Exhibit Ex. 8 to Cooper Decl., #10 Exhibit Ex. 9 to Cooper Decl., #11 Exhibit SEALED Ex. 10 to Cooper Decl., #12 Exhibit Ex. 11 to Cooper Decl., #13 Exhibit Ex. 12 to Cooper Decl., #14 Exhibit Ex. 13 to Cooper Decl.)(Chatterjee, I.) (Attachment 11 replaced on 7/19/2011) (York, Steve).

EXHIBIT 6

Case 5:07-cv-01389-RS

Document 270

Filed 01/22/2008

Page 1 of 8

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*E-FILED 1/22/08*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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For the Northern District of California

United States District Court

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THE FACEBOOK, INC., et al.,

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Plaintiffs,

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v.

No. C 07-01389 RS

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CONNECTU, INC., et al.,

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CASE MANAGEMENT
SCHEDULING ORDER

Defendants.
____________________________________/

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Pursuant to Rule 16(b) of the Federal Rules of Civil Procedure, a Case Management

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Conference was held on January 16, 2008. After considering the Case Management Statement and

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Proposed Order submitted by the parties and consulting with the attorneys of record for the parties

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and good cause appearing, IT IS HEREBY ORDERED THAT:

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1.

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ALTERNATIVE DISPUTE RESOLUTION
The parties will commence mediation within the next ninety days through private

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ADR. In the event the parties elect not to utilize private ADR, they are to advise the court within ten

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days of the date of this order so that the case may be referred to court sponsored ADR.

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2.

PENDING MOTIONS
Plaintiffs' motion for partial summary judgment noticed for hearing on February 13,

2008 shall be held on February 27, 2008 at 9:30 a.m.

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CASE MANAGEMENT SCHEDULING ORDER

Case 5:07-cv-01389-RS

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3.

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FURTHER CASE MANAGEMENT CONFERENCE. A further case management

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conference shall be held on June 18, 2008 at 2:30 p.m. An updated joint case management

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conference statement shall be filed no later than June 11, 2008.

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4.

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DISCOVERY.
On or before September 30, 2008, all non-expert discovery shall be completed by the

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parties. Any discovery requests pursuant to Rule 33-36 and 45, F.R.Civ.P. shall be served far

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enough in advance so that responses to written discovery shall be due, as provided in said rules, no

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later than the discovery completion date. All depositions shall be concluded by the discovery

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completion date.
In light of the pending discovery in Superior Court, discovery shall be limited as

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For the Northern District of California

United States District Court

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follows: (a) each party may have no more than ten (10) additional non-expert depositions, absent

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showing of good cause; (b) each party may have an additional twenty (20) interrogatories,

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including all discrete subparts; (c) a reasonable number of requests for production of documents or

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for inspection per party; and (d) a reasonable number of requests for admission per party.

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5.

shall proceed as follows:

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A. On or before August 15, 2008, plaintiff shall disclose expert testimony and
reports in accordance with Rule 26(a)(2), F.R.Civ.P.

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B. On or before September 1, 2008, defendant shall disclose expert testimony and
reports in accordance with Rule 26(a)(2), F.R.Civ.P.

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EXPERT WITNESSES. The disclosure and discovery of expert witness opinions

C. On or before September 30, 2008, all discovery of expert witnesses pursuant to
Rule 26(b)(4), F.R.Civ.P. shall be completed.
6.

PRETRIAL MOTIONS. All pretrial motions must be filed and served pursuant to

Civil Local Rule 7. All pretrial motions shall be heard no later than October 15, 2008.
7.

PRETRIAL STATEMENTS. At a time convenient to both, counsel shall meet and

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confer to discuss preparation of a joint pretrial statement and on or before October 27, 2008,

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counsel shall file a Joint Pretrial Statement in accordance with the attached Standing Order re:

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Pretrial Preparation.

CASE MANAGEMENT SCHEDULING ORDER

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8.

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PRETRIAL CONFERENCE. The final pretrial conference will be held on

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November 5, 2008 at 2:30 p.m., in Courtroom 4 at the United States Courthouse, 280 S. First

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Street, San Jose, California. Each party or lead counsel who will try the case shall attend

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personally. Counsel shall comply with the attached Standing Order re: Pretrial Preparation.

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9.

TRIAL DATE. Jury trial shall commence on November 17, 2008 at 9:00 a.m., in

Courtroom 4, United States Courthouse, San Jose, California.
IT IS SO ORDERED.
DATED:

January 22, 2008

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RICHARD SEEBORG
United States Magistrate Judge

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For the Northern District of California

United States District Court

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CASE MANAGEMENT SCHEDULING ORDER

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Case 5:07-cv-01389-RS

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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STANDING ORDER FOR FINAL PRETRIAL CONFERENCE

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IN JURY CASES BEFORE MAGISTRATE JUDGE RICHARD SEEBORG

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For the Northern District of California

United States District Court

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A.

Required Meeting and Disclosure Prior to Pretrial Conference: At

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least 21 days before the final Pretrial Conference, lead counsel who will

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try the case shall meet and confer with respect to:

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1.

Settlement of the case;

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2.

Preparation and content of the Joint Pretrial Statement and Order
in accordance with this Standing Order;

3.

Preparation and exchange of pretrial materials to be served and
lodged pursuant to Rule 26(a)(3) F.R. Civ. P. and this Standing
Order; and,

4.

Clarifying and narrowing the contested issues for trial in order to
achieve a just, speedy and efficient determination of the case.

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Joint Pretrial Statement and Order: At least ten (10) days before the
Pretrial Conference, unless otherwise ordered, the parties shall lodge
and serve a Joint Pretrial Statement and Proposed Order containing the
following information:
1.
Substance of the Action. A brief description of the parties, the
substance of claims and defenses that remain to be decided, and
the operative pleadings that raise the issues;

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2.

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B.

Relief Prayed. A detailed statement of all relief claimed,
particularly itemizing all elements of damages claimed;

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CASE MANAGEMENT SCHEDULING ORDER

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4.

Undisputed Facts. A plain and concise statement of all relevant
facts to which the parties will stipulate for incorporation into the
trial record without the necessity of supporting testimony or
exhibits. The parties shall exercise good faith in stipulating to
facts that are not reasonably disputable;

5.

Disputed Factual Issues. A plain and concise list of the issues of
fact that are contested and remain to be litigated at trial;

6.

Agreed Statement. A statement assessing whether all or part of
the action may be presented upon an agreed statement of facts;

7.

Stipulations. A statement of proposed stipulations or agreements
that will expedite the presentation of evidence;

8.

Witnesses to be Called. A list of all witnesses likely to be called
at trial, other than solely for impeachment or rebuttal, together
with a brief statement following each name describing the
substance of the testimony to be given. No party shall be
permitted to call any witness in its case in chief that is not
disclosed in its pretrial statement without leave of court for good
cause;

9.

Exhibits, Schedules and Summaries. A list of all documents and
other items to be offered as exhibits at the trial, other than solely
for impeachment or rebuttal, with a brief statement following
each, describing its substance or purpose and the identity of the
sponsoring witness;

10.

Disputed Legal Issues. Without extended legal argument, a
concise statement of each disputed point of law concerning
liability or relief, citing supporting statues and decisions;

11.

Pending Motions or Matters. A statement of any motions or
matters that must be resolved prior to trial;

12.

Bifurcation, Separate Trial of Issues. A statement of whether
bifurcation or a separate trial of specific issues is feasible and
desired;

13.

Estimate of Trial Time. An estimate of the number of hours or
days needed for the trial; and,

14.

Miscellaneous. Any other matters that will facilitate the just,
speedy and efficient determination of the action.

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For the Northern District of California

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Page 5 of 8

Amendments or Dismissals. A statement of proposed
amendments to pleadings or dismissals of parties, claims or
defenses;

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Filed 01/22/2008

3.

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CASE MANAGEMENT SCHEDULING ORDER

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Case 5:07-cv-01389-RS

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C.

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Binding Effect of the Joint Pretrial Statement and Order: The Joint

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Pretrial Statement and Order described above shall recite, directly

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above the signature lines of each party, the following:

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The foregoing admissions having been made by the parties, and the
parties having specified the foregoing issues of fact and law remaining
to be litigated, this order shall supplement the pleadings and govern the
course of trial of this cause, unless modified to prevent manifest
injustice.

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D.

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Preparation For Trial
1.

Exhibits:
a.

At least (10) days before the final Pretrial Conference, the
parties shall exchange copies of all exhibits, summaries,
charts, and diagrams to be used at trial other than solely for
impeachment or rebuttal.

b.

Each exhibit shall be premarked for identification. Counsel
shall meet and confer and reach agreement upon a method
for marking exhibits (for example, Plaintiff shall use
numbers and Defendant shall use letters, or Plaintiff shall
use numbers 100-199 and Defendant shall use numbers
200-299, etc.).

c.

Unless otherwise ordered, at least five (5) days prior to the
commencement of trial the parties shall deliver three sets
of all premarked exhibits contained in three ring binders to
the judge’s deputy clerk.

d.

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No party shall be permitted to offer any exhibit at trial that is
not disclosed in its pretrial statement without leave of court
for good cause, unless it is offered solely for impeachment
or rebuttal.

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For the Northern District of California

United States District Court

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2.

Motions in Limine: Unless otherwise ordered, the parties shall
file and serve any motions in limine at least ten (10) days before
the final Pretrial Conference, and any oppositions thereto at least
three (3) days before the final Pretrial Conference. Ordinarily,
these motions will be deemed submitted without oral argument.

3.

Deposition and Discovery Designations: Unless otherwise
ordered, at least five (5) days before the commencement of trial,
the parties shall file and serve any excerpts of deposition
testimony or other discovery to be offered at trial, other than
solely for impeachment or rebuttal. (A copy of the designated
deposition testimony with page and line references, or the
interrogatory response or admission shall be provided). Any
objections to the use of designated excerpts and any counterdesignations of deposition testimony shall be filed and served
prior to the commencement of trial.

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CASE MANAGEMENT SCHEDULING ORDER

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Document 270

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Jury Materials:

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a.

Unless otherwise ordered, at least five (5) days prior to the
pretrial conference, the parties shall file and serve:

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(1)

Jury Voir Dire Questions;

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(2)

Proposed Jury Instructions; and

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(3)

Proposed Jury Verdict Forms.

b.

Ordinarily, the court will give the standard preliminary jury
instructions contained in the Model Jury Instructions of the
Ninth Circuit prior to opening statements and will give the
standard closing instructions in the Model Jury Instructions
of the Ninth Circuit before closing arguments.

c.

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As to substantive case specific instructions, the parties
shall meet and confer and submit jointly an agreed set of
instructions, using the Model Jury Instructions of the Ninth
Circuit where appropriate. In the event the parties are
unable to agree to the language of a particular instruction,
the objecting party shall submit a written objection or an
alternative proposed instruction placed in sequence
immediately following the disputed instruction. The joint set
of jury instructions shall be submitted in hard copy as well
as via email to [e-mail].

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For the Northern District of California

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5.

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Trial Briefs: Trial briefs are optional, but any party wishing to file
a trial brief must do so not less than five (5) days prior to the
commencement of trial.

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IT IS SO ORDERED.
DATED:

October 23, 2001

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/s/ Richard Seeborg
RICHARD SEEBORG
United States Magistrate Judge

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CASE MANAGEMENT SCHEDULING ORDER

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Case 5:07-cv-01389-RS

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Document 270

Filed 01/22/2008

Page 8 of 8

THIS IS TO CERTIFY THAT NOTICE OF THIS ORDER WAS ELECTRONICALLY
PROVIDED TO:

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I. Neel Chatterjee

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Monte M.F. Cooper

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Chester Wren-Ming Day

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Yvonne Penas Greer

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George Hopkins Guy , III

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Sean Alan Lincoln , Esq [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail]

[e-mail], [e-mail]
[e-mail], [e-mail], [e-mail]
[e-mail], [e-mail], [e-mail]

[e-mail], [e-mail], [e-mail]
[e-mail], [e-mail], [e-mail]

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Scott Richard Mosko [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail]

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For the Northern District of California

United States District Court

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Theresa Ann Sutton

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Valerie Margo Wagner

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Counsel are responsible for distributing copies of this document to co-counsel who have not
registered for e-filing under the court’s CM/ECF program.

[e-mail], [e-mail], [e-mail]
[e-mail]

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Dated: January 22, 2008

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/s/ BAK
Chambers of Magistrate Judge Richard Seeborg

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CASE MANAGEMENT SCHEDULING ORDER

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