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

Motion to File Under Seal the Highlighted and Unredacted Version of

N.D. Cal.February 14, 2008

1 Scott R. Mosko (State Bar No. 106070) scott.mosko@finnegan.com FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P. 3 Stanford Research Park 3300 Hiliview 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 9 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 (REVISED) OPPOSITION TO PLAINTIFFS’ 19 MOTION FOR PARTIAL SUMMARY JUDGMENT; AND DECLARATION 20 OF WINSTON WILLIAMS (REVISED) IN SUPPORT THEREOF 21 DECLARATION OF SCOTT R. 22 MOSKO 23 [PROPOSED] ORDER 24 Date: February 27, 2008 10, 2007 Time: 9:30 a.m. 25 Courtroom.: 4 Judge: Honorable Richard Seeborg 26 ___________________________________________ 27 28 Doe. No. 479384 DEFENDANTS’ ADMINISTRATIVE MOTION AND [PROPOSED I ORDER TO FILE DOCUMENTS UNDER SEAL Case No. 5:O7-CVOI389-RS The Facebook, Inc. v. Connectu, LLC et al Doc. 321 Dockets.Justia.com I 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 (Revised) Opposition to Plaintiffs’ 7 Motion for Partial Summary Judgment (“Opposition”). This Opposition contains discussions 8 regarding confidential materials filed in support of it, as well as excerpts of the April 25, 2006 9 deposition of Plaintiff Mark Zuckerberg. This deposition was designated Highly Confidential, 10 Attorney’s Eyes Only by Plaintiffs pursuant to the Stipulated Protective Order in the Santa Clara 11 County Superior Court action, Case No. 1:05-CV-047381, and hence is subject to Local Civil Rule 79- 12 5(c) and the 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 (Revised) in Support of Defendants 19 ConnectU LLC, Pacific Northwest Software, Inc., Winston Williams and Wayne Chang’s Opposition 20 to Plaintiffs’ Motion for Partial Summary Judgment (“Williams Declaration”). The Williams 21 Declaration contains discussions of and excerpts from the Declaration of Chris Shiflett in Support of 22 Plaintiffs. Partial Motion for Summary Judgment which the Plaintiffs’ have asked to be sealed in its 23 entirety. It also contains discussions regarding ConnectU that are confidential, proprietary and 24 sensitive business information and should remain sealed from public viewing. 25 As required by Civil Local Rule 79-5(b), Defendants are lodging with the Clerk copies of 26 theses documents which have been designated “Highly Confidential” and “Confidential” for filing 27 under seal in their entirety. 28 II DEFENDANTS’ ADMINISTRATIVE MOTION AND [PROPOSED] Doe, No. 479384 1 ORDER TO FILE DOCUMENTS UNDER SEAL Case No. 5:07-CV-01389-RS 1 SUPPORTING DECLARATION OF SCOTT R. MOSKO 2 I, Scott R. Mosko, declare as follows: 3 1. I am an attorney admitted to practice in the State of California and the United States 4 District Court for the Northern District of California, and a partner of Finnegan, Henderson, Farabow, 5 Garrett & Dunner, L.L.P., attorneys of record for Defendants ConnectU LLC, Pacific Northwest 6 Software, Inc., Winston Williams and Wayne Chang. The matters referred to in this declaration are 7 based on my personal knowledge and if called as a witness I could, and would, testify competently to 8 those matters. 9 2. The representations made above in this Administrative Motion are true and correct to 10 the best of my knowledge and belief. 11 I declare under penalty of perjury under the laws of the United States of America that the 12 foregoing is true and correct and that this declaration was executed this 14th day of February, 2008, at 13 Palo Alto, California. 14 By: /5/ Scott R. Mosko 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFENDANTS’ ADMINISTRATIVE MOTION AND LPROPOSEDJ Doc, No. 479384 2 ORDER TO FILE DOCUMENTS UNDER SEAL Case No. 5:O7CVOI389-RS 1 [PROPOSEDJ 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 (Revised) Opposition to Plaintiffs’ 6 Motion for Partial Summary Judgment: 7 2. The Declaration of Winston Williams (Revised) in Support of Defendants ConnectU 8 LLC, Pacific Northwest Software, Inc., Winston Williams and Wayne Chang’s Opposition to 9 Plaintiffs’ Motion for Partial Summary Judgment. 10 11 Dated: ______________, 2008 ______________________________ 12 United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFENDANTS ADMINISTRATIVE MOTION AND [PROPOSED] Doe. No. 479384 3 ORDER TO FILE DOCUMENTS UNDER SEAL Case No, 5:O7CVM1389RS