CROSS ATLANTIC CAPITAL PARTNERS, INC. v. FACEBOOK, INC. et al

Filing 108

Notice & Renewed MOTION to Compel Defendants' Notice and Renewed Motion to Compel Production of Documents and Certification under Local Rule 26.1(f) filed by FACEBOOK, INC., THEFACEBOOK, LLC., Certificate of Service.(KEEFE, HEIDI) Modified on 5/27/2008 (fh, ).

CROSS ATLANTIC CAPITAL PARTNERS, INC. v. FACEBOOK, INC. et al

Doc. 108

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CROSS ATLANTIC CAPITAL PARTNERS, INC., Plaintiff, v. FACEBOOK, INC. and THEFACEBOOK, LLC, Defendants. JURY TRIAL DEMANDED CIVIL ACTION NO. 07-CV- 02768-JP

DEFENDANTS' NOTICE AND RENEWED MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND CERTIFICATION UNDER LOCAL RULE 26.1(f) COME NOW defendants Facebook, Inc. and Thefacebook, LLC ("Facebook") by and through undersigned counsel, and hereby renew their motion to compel production of documents. Pursuant to Civil Local Rule 26.1(f), counsel for Facebook hereby certifies that the parties, after reasonable effort, have been unable to resolve the dispute regarding these Requests for Production. Facebook's efforts to obtain this discovery without court intervention are detailed in the accompanying memorandum. The grounds for this motion are set forth in the accompanying memorandum, appendix, declaration and attached exhibits which are incorporated by reference as if fully set forth herein.

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WHEREFORE, defendant Facebook respectfully requests that this Court enter an order granting its renewed motion and ordering production of responsive documents within five days of the entry of the Order. Respectfully submitted, Dated: May 23, 2008 By: /s/ Heidi L. Keefe Heidi L. Keefe Mark R. Weinstein WHITE & CASE LLP 3000 El Camino Real 5 Palo Alto Square, 9th Floor Palo Alto, CA 94306 Alfred W. Zaher Dennis P. McCooe BLANK ROME LLP 130 N 18th St Philadelphia, PA 19103 Attorneys for FACEBOOK, INC. and THEFACEBOOK, LLC

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CERTIFICATE OF SERVICE This is to hereby certify that on May 23, 2008, I caused a true and correct copy of the foregoing DEFENDANTS' NOTICE AND RENEWED MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND CERTIFICATION UNDER LOCAL RULE 26.1(f) to be served via this Court's Electronic Filing ("ECF") System, upon the following: Frederick A. Tecce, Esq. McShea/Tecce, P.C. The Bell Atlantic Tower ­ 28th Floor 1717 Arch Street Philadelphia, PA 19103 [e-mail] Thomas J. Duffy, Esq. Patrick J. Keenan, Esq. Duffy & Keenan One Liberty Place, 55th Floor 1650 Market Street Philadelphia, PA 19103 [e-mail] Counsel for plaintiff Cross Atlantic Capital Partners, Inc.

/s/ Heidi L. Keefe Heidi L. Keefe

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