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

Filing 366

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

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
CONNECTU, INC., CAMERON
WINKLEVOSS, TYLER WINKLEVOSS, and
DIVYA NARENDRA,

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

Plaintiff,
v.
FACEBOOK, INC., MARK ZUCKERBERG,
EDUARDO SAVERIN, DUSTIN
MOSKOVITZ, ANDREW MCCOLLUM, and
FACEBOOK, LLC,
Defendants.
CONNECTU LLC,

Civil Action No. 1:04-CV-11923 (DPW)

The CU Founders,
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.
ASSENTED-TO MOTION FOR LEAVE TO FILE CERTAIN DOCUMENTS
UNDER SEAL

The Facebook Defendants hereby move for leave to file under seal the following
documents:
1.

FACEBOOK DEFENDANTS’ CONSOLIDATED OPPOSITION TO
PLAINTIFFS’ MOTION FOR DISCOVERY AND MOTION TO
PRESERVE INFORMATION;

2.

EXHIBITS 1-4 and 7 TO THE DECLARATION OF MONTE M.F.
COOPER IN SUPPORT THEREOF.

The Facebook Defendants respectfully seek leave to file these materials under seal
because they contain information that has been designated by the parties as confidential under
the Second Stipulated Protective Order, or that are similarly protected from disclosure under a
Protective Order governing the use and disclosure of confidential information in Facebook, Inc.
v. ConnectU, LLC., Case No. 1:05-CV-047381 (attached hereto as Exhibit A). Attached hereto
as Exhibit B is a true and correct copy of an Order Granting Motions to Seal in the Northern
District of California, pursuant to which Exhibit 7 was filed under seal in that court.

In

accordance with the Local Rules, the Facebook Defendants respectfully request that their
Consolidated Opposition and Exhibits 1-4 and 7 to the Declaration of Monte M.F. Cooper in
support thereof be impounded until this litigation between the parties is dismissed, at which time
they will be retrieved by counsel for Facebook.
CERTIFICATION PURSUANT TO LOCAL RULE 7.1
Counsel for the Defendants certify that pursuant to Local Rule 7.1, the parties have
conferred regarding this motion for leave to file under seal, and counsel for the Plaintiffs
ConnectU, Cameron Winklevoss, Tyler Winklevoss, and Divya Narendara consent to the
motion.

-1-

Dated: September 2, 2011

Respectfully submitted,

/s/ I. Neel Chatterjee /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]
Steven M. Bauer (BBO# 542531)
Sharada Devarasetty (BBO# 672514)
PROSKAUER ROSE, LLP
One International Plaza, 14th Floor
Boston, MA 02110-2600
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
Attorneys for Mark Zuckerberg,
Dustin Moskovitz, Andrew McCollum,
Eduardo Saverin, Facebook, Inc., and
Facebook LLC

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 September 2,
2011.
Dated: September 2, 2011

Respectfully submitted,
/s/ I. Neel Chatterjee /s/
I. Neel Chatterjee

OHS WEST:261322552.1

-2-