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The Facebook, Inc. v. Connectu, LLC et al Doc.

302

1 Scott R. Mosko (State Bar No. 106070)


scott.mosko@finnegan.com
2 FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, L.L.P.
3 Stanford Research Park
3300 Hillview Avenue
4 Palo Alto, California 94304
Telephone: (650) 849-6600
5 Facsimile: (650) 849-6666

6 Attorneys for Defendants


Pacific Northwest Software, Inc.,
7 Winston Williams, and Wayne
Chang
8

10
UNITED STATES DISTRICT COURT
11
NORTHERN DISTRICT OF CALIFORNIA
12
SAN JOSE DIVISION
13
FACEBOOK, INC., and MARK ZUCKERBERG, CASE NO. C 07-01389 RS
14
Plaintiffs, DEFENDANTS’ ADMINISTRATIVE
15 MOTION TO FILE UNDER SEAL
v. THE HIGHLIGHTED AND
16 UNREDACTED VERSION OF
CONNECTU LLC, (now known as CONNECTU DEFENDANTS CONNECTU LLC,
17 INC.), ET AL., PACIFIC NORTHWEST SOFTWARE,
INC., WINSTON WILLIAMS AND
18 Defendants. WAYNE CHANG’S OPPOSITION TO
PLAINTIFFS’ MOTION FOR
19 PARTIAL SUMMARY JUDGMENT;
DECLARATION OF WINSTON
20 WILLIAMS IN SUPPORT THEREOF;
DECLARATION OF G. HUNTER
21 JONES, INCLUDING EXHIBIT B;
AND EXHIBITS A AND C TO THE
22 DECLARATION OF SCOTT R.
MOSKO IN SUPPORT THEREOF
23
DECLARATION OF SCOTT R.
24 MOSKO
25 [PROPOSED] ORDER
26 Date: February 27, 2008 10, 2007
Time: 9:30 a.m.
27 Courtroom.: 4
Judge: Honorable Richard Seeborg
28
Doc. No. 478767 DEFENDANTS’ ADMINISTRATIVE MOTION AND [PROPOSED]
ORDER TO FILE DOCUMENTS UNDER SEAL
Case No. 5:07-CV-01389-RS
Dockets.Justia.com
1 ADMINISTRATIVE MOTION FOR FILING UNDER SEAL
2 1. Papers Submitted for Partial Filing Under Seal
3 Pursuant to Civil Local Rules 7-11 and 79-5(c), Defendants respectfully hereby request leave

4 of Court to file under seal certain portions of the following document being lodged with the Clerk:

5 a. The highlighted and unredacted version of Defendants ConnectU LLC, Pacific

6 Northwest Software, Inc., Winston Williams and Wayne Chang’s Opposition to Plaintiffs’ Motion for

7 Partial Summary Judgment (“Opposition”). This Opposition contains discussions regarding

8 confidential materials filed in support of it, as well as excerpts of the April 25, 2006 deposition of

9 Plaintiff Mark Zuckerberg. This deposition was designated Highly Confidential, Attorney’s Eyes

10 Only by Plaintiffs pursuant to the Stipulated Protective Order in the Santa Clara County Superior

11 Court action, Case No. 1:05-CV-047381, and hence is subject to Local Civil Rule 79-5(c) and the

12 excerpts should be sealed from public view.

13 As required by Civil Local Rule 79-5(c), Defendants are lodging with the Clerk copies of this

14 Opposition which has been designated Highly Confidential for filing under seal.

15 2. Papers Submitted For Filing Under Seal in Their Entireties


16 Pursuant to Civil Local Rules 7-11 and 79-5(b), Defendants respectfully hereby request leave

17 of Court to file under seal in their entireties the following documents being lodged with the Clerk:

18 a. The Declaration of Winston Williams in Support of Defendants ConnectU LLC,

19 Pacific Northwest Software, Inc., Winston Williams and Wayne Chang’s Opposition to Plaintiffs’

20 Motion for Partial Summary Judgment (“Williams Declaration”). The Williams Declaration contains

21 discussions of and excerpts from the Declaration of Chris Shiflett in Support of Plaintiffs. Partial

22 Motion for Summary Judgment which the Plaintiffs’ have asked to be sealed in its entirety. It also

23 contains discussions regarding ConnectU that are confidential, proprietary and sensitive business

24 information and should remain sealed from public viewing.

25 b. The Declaration of G. Hunter Jones in Support of Defendants ConnectU LLC,

26 Pacific Northwest Software, Inc., Winston Williams and Wayne Chang’s Opposition to Plaintiffs’

27 Motion for Partial Summary Judgment (“Jones Declaration”). The Jones Declaration contains analysis

28 concerning or relating to documents designated as Confidential by the Plaintiffs pursuant to the


DEFENDANTS’ ADMINISTRATIVE MOTION AND [PROPOSED]
Doc. No. 478767 1 ORDER TO FILE DOCUMENTS UNDER SEAL
Case No. 5:07-CV-01389-RS
1 Stipulated Protective Order in the Santa Clara County Superior Court action, Case No. 1:05-CV-

2 047381, and hence is subject to Local Civil Rule 79-5(c) and the excerpts should be sealed from public

3 view.

4 c. Exhibit B to the Jones Declaration is a true and correct copy of a file produced

5 on CD Bates number FBMA0059471 by Plaintiffs and designated as Confidential pursuant to the

6 Stipulated Protective Order in the Santa Clara County Superior Court action, Case No. 1:05-CV-

7 047381, and hence is subject to Local Civil Rule 79-5(b) and the document should be sealed from

8 public view.

9 d. Exhibit A to the Declaration of Scott R. Mosko in Support of Defendants

10 ConnectU LLC, Pacific Northwest Software, Inc., Winston Williams and Wayne Chang’s Opposition

11 to Plaintiffs’ Motion for Partial Summary Judgment (“Mosko Declaration”) are excerpts from the

12 transcript of the April 25, 2006 deposition of Mark Zuckerberg designated as Highly Confidential by

13 Plaintiff’s pursuant to the Stipulated Protective Order in the Santa Clara County Superior Court action,

14 Case No. 1:05-CV-047381. Defendants take no position as to whether the deposition testimony of

15 Mark Zuckerberg is confidential.

16 e. Exhibit C to the Mosko Declaration are excerpts from the transcript of

17 deposition of Defendant Cameron Winklevoss taken on January 16, 2006 in the Superior Court for the

18 County of Santa Clara action, Case No. 1:05-CV-047381. This deposition transcript was designated as

19 Highly Confidential by Defendants pursuant to the Stipulated Protective Order in the Santa Clara

20 County Superior Court action, Case No. 1:05-CV-047381. This exhibit contains confidential,

21 proprietary and sensitive business information and should remain sealed from public view.

22 As required by Civil Local Rule 79-5(b), Defendants are lodging with the Clerk copies of

23 theses documents which have been designated “Highly Confidential” and “Confidential” for filing

24 under seal in their entirety.

25 SUPPORTING DECLARATION OF SCOTT R. MOSKO


26 I, Scott R. Mosko, declare as follows:

27 1. I am an attorney admitted to practice in the State of California and the United States

28 District Court for the Northern District of California, and a partner of Finnegan, Henderson, Farabow,
DEFENDANTS’ ADMINISTRATIVE MOTION AND [PROPOSED]
Doc. No. 478767 2 ORDER TO FILE DOCUMENTS UNDER SEAL
Case No. 5:07-CV-01389-RS
1 Garrett & Dunner, L.L.P., attorneys of record for Defendants ConnectU LLC, Pacific Northwest

2 Software, Inc., Winston Williams and Wayne Chang. The matters referred to in this declaration are

3 based on my personal knowledge and if called as a witness I could, and would, testify competently to

4 those matters.

5 2. The representations made above in this Administrative Motion are true and correct to

6 the best of my knowledge and belief.

7 I declare under penalty of perjury under the laws of the United States of America that the

8 foregoing is true and correct and that this declaration was executed this 6th day of February, 2008, at

9 Palo Alto, California.

10 By: /s/
Scott R. Mosko
11

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DEFENDANTS’ ADMINISTRATIVE MOTION AND [PROPOSED]
Doc. No. 478767 3 ORDER TO FILE DOCUMENTS UNDER SEAL
Case No. 5:07-CV-01389-RS
1
[PROPOSED] ORDER
2
Upon good cause shown, IT IS HEREBY ORDERED that the following documents shall be
3
received and filed under seal in their entireties by the Clerk:
4
1. The highlighted and unredacted version of Defendants ConnectU LLC, Pacific
5
Northwest Software, Inc., Winston Williams and Wayne Chang’s Opposition to Plaintiffs’ Motion for
6
Partial Summary Judgment;
7
2. The Declaration of Winston Williams in Support of Defendants ConnectU LLC, Pacific
8
Northwest Software, Inc., Winston Williams and Wayne Chang’s Opposition to Plaintiffs’ Motion for
9
Partial Summary Judgment;
10
3. The Declaration of G. Hunter Jones in Support of Defendants ConnectU LLC, Pacific
11
Northwest Software, Inc., Winston Williams and Wayne Chang’s Opposition to Plaintiffs’ Motion for
12
Partial Summary Judgment;
13
4. Exhibit B to the Declaration of G. Hunter Jones in Support of Defendants ConnectU
14
LLC, Pacific Northwest Software, Inc., Winston Williams and Wayne Chang’s Opposition to
15
Plaintiffs’ Motion for Partial Summary Judgment;
16
5. Exhibit A to the Declaration of Scott R. Mosko in Support of Defendants ConnectU
17
LLC, Pacific Northwest Software, Inc., Winston Williams and Wayne Chang’s Opposition to
18
Plaintiffs’ Motion for Partial Summary Judgment;
19
6. Exhibit C to the Declaration of Scott R. Mosko in Support of Defendants ConnectU
20
LLC, Pacific Northwest Software, Inc., Winston Williams and Wayne Chang’s Opposition to
21
Plaintiffs’ Motion for Partial Summary Judgment.
22

23
Dated: ____________, 2008 __________________________
24 United States Magistrate Judge
25

26

27

28
DEFENDANTS’ ADMINISTRATIVE MOTION AND [PROPOSED]
Doc. No. 478767 4 ORDER TO FILE DOCUMENTS UNDER SEAL
Case No. 5:07-CV-01389-RS

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