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

Filing 372

RESPONSE to Motion re #364 MOTION Reasserting #338 MOTION Motion For Access To Pleadings and Discovery Files filed by Finnegan, Henderson, Farabow, Garrett, & Dunner, LLP. (Higgins, Erin)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS

_______________________________________________
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)
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)
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Plaintiffs,
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v.
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FACEBOOK, INC., MARK ZUCKERBERG,
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EDUARDO SAVERIN, DUSTIN MOSKOVITZ,
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ANDREW MCCOLLUM, CHRISTOPHER HUGHES,
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and THE FACEBOOK, LLC.,
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Defendants.
)
________________________________________________
CONNECTU LLC, CAMERON WINKLEVOSS,
TYLER WINKLEVOSS, and DIVYA NARENDRA,

Civil Action No.
1:07-cv-10593-DPW
(CONSOLIDATED WITH
CIVIL ACTION
NO. 1:04-cv-11923-DPW)

RESPONSE OF FINNEGAN HENDERSON FARABOW GARRETT & DUNNER LLP
TO FOUNDERS’ MOTION TO REASSERT PREVIOUS MOTION FOR ACCESS TO
PLEADINGS AND DISCOVERY FILES
Finnegan Henderson Farabow Garrett & Dunner LLP (“Finnegan”), through counsel,
submits this Response to the Founders’ Motion to Reassert Previous Motion for Access to
Pleadings and Discovery Files.
As set forth in its Notice Regarding Discovery Materials and Protective Orders, as former
counsel for the Founders in the above litigation, Finnegan is in possession of discovery materials
as well as pleadings governed by the Second Stipulated Protective Order issued by this Court.
As further described in such Notice, Facebook has taken the position that this litigation is
complete and such materials must be returned or destroyed. The Founders have previously taken
the position that the litigation is not complete and that the above materials should not be returned
or destroyed. The Founders now further reassert their request for a court order directing

Finnegan to turn over to new counsel for the Founders unredacted copies of confidential
pleadings, discovery and transcripts.
As former counsel for the Founders, Finnegan is simply a stakeholder in this matter and
takes no position on the Founders’ Motion. As stated in its Notice, Finnegan will preserve the
status quo and neither destroy or return the materials at issue nor provide them to the Founders’
new counsel pending further order of this Court. 1
Respectfully submitted,
FINNEGAN HENDERSON FARABOW
GARRETT & DUNNER LLP
By their attorneys,
_/s/ Erin K. Higgins
Erin K. Higgins, BBO # 559510
Jan M. Kendrick, BBO # 678806
Conn, Kavanaugh, Rosenthal, Peisch & Ford, LLP
Ten Post Office Square
Boston, MA 02109
TEL: [phone]
FAX: [phone]
[e-mail]
[e-mail]

Of Counsel
Thomas B. Mason, Esquire
Lisa L. Barclay, Esquire
Zuckerman Spaeder LLP
1800 M Street, N.W.
Washington, D.C. 20036
TEL: [phone]
FAX: [phone]

1

With respect to non-confidential materials not under seal or governed by protective orders, Finnegan has
previously provided such materials to prior successor counsel and has offered to provide materials to new counsel
for the Founders as described in Exhibit 1 to Declaration of Tyler Meade in Support of Cameron Winklevoss, Tyler
Winklevoss and Divya Narendra’s Motion for Access to Pleadings and Discovery Files (Doc. No. 339-2).

2

CERTIFICATE OF SERVICE
I, Erin K. Higgins, hereby certify that this document 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 or before
August 8, 2011.

/s/ Erin K. Higgins
Erin K. Higgins
632097.1

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