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

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1 G. HOPKINS GUY, III (State Bar No. 124811)

hopguy@orrick.com
2 I. NEEL CHATTERJEE (State Bar No. 173985)
nchatterjee@orrick.com
3 MONTE COOPER (State Bar No. 196746)
mcooper@orrick.com
4 THERESA A. SUTTON (State Bar No. 211857)
tsutton@orrick.com
5 YVONNE P. GREER (State Bar No. 214072)
ygreer@orrick.com
6 ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
7 Menlo Park, CA 94025
Telephone: 650-614-7400
8 Facsimile: 650-614-7401

9 Attorneys for Plaintiffs

THE FACEBOOK, INC. and MARK ZUCKERBERG
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11 UNITED STATES DISTRICT COURT

12 NORTHERN DISTRICT OF CALIFORNIA

13 SAN JOSE DIVISION

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15 THE FACEBOOK, INC. and MARK Case No. 5:07-CV-01389-RS

ZUCKERBERG,
16 PLAINTIFFS’ SUPPLEMENTAL
Plaintiffs, RESPONSE TO FINNEGAN’S
17 MOTION TO WITHDRAW AS
v. COUNSEL FOR WINSTON
18 WILLIAMS
CONNECTU, INC. (formerly known as
19 CONNECTU, LLC), PACIFIC Date: January 23, 2008
NORTHWEST SOFTWARE, INC., Time: 9:30 A.M.
20 WINSTON WILLIAMS, WAYNE CHANG, Judge: Honorable Richard Seeborg
and DAVID GUCWA,
21
Defendants.
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PLAINTIFFS’ SUPPLEMENTAL RESPONSE TO MOTION TO
OHS West:260363599.2 WITHDRAW AS COUNSEL FOR WINSTON WILLIAMS
5:07-CV-01389-RS

Dockets.Justia.com
 1 Finnegan Henderson Farabow Garrett & Dunner’s Motion to Withdraw as Counsel for

2 Winston Williams is moot. The sole basis for Finnegan’s request was that it had lost contact with

3 Williams and could no longer represent him effectively. On January 5, 2008, however, Plaintiffs

4 received a declaration from Williams, as well as Pacific Northwest Software, on pleading paper

5 from the Finnegan firm. 1 Williams executed his declaration on January 2, 2008 – the day

6 Plaintiffs’ opposition to the present motion was due.2 It appears that the Finnegan firm is

7 communicating with Williams.

8 Williams’ declaration, which Plaintiffs received on January 5, 2008, was the first that

9 Plaintiffs’ counsel knew that the Finnegan firm was once again in contact with Williams. The

10 Finnegan firm had numerous opportunities to advise Plaintiffs of this possibility prior to their

11 response brief being due. Specifically, Plaintiffs’ counsel and the Finnegan firm communicated

12 several times, including once by telephone, over the preceding two weeks. Finnegan never

13 advised Plaintiffs that it had located and communicated with Williams.

14 Defendants’ failure to advise Plaintiffs of the recent contact caused needless work and

15 expenditures. Plaintiffs were required to engage resources during a lightly staffed holiday period

16 to prepare an opposition memorandum based upon facts that defendants had presented but knew

17 had become untrue. To that end, absent Court guidance, Plaintiffs will separately file a motion

18 seeking its costs and fees associated with its responsive papers.

19 Because counsel for Williams has now resumed contact with its client, Facebook believes

20 the current Motion to Withdraw is moot.

21 Dated: January 7, 2008 ORRICK, HERRINGTON & SUTCLIFFE LLP
22
/s/ Theresa A. Sutton /s/
23 Theresa A. Sutton
Attorneys for Plaintiffs
24 THE FACEBOOK, INC. and MARK
ZUCKERBERG
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Plaintiffs have attached copies of the declarations, which do not appear to comply with the
Court’s December 12, 2007, Order compelling further responses to Plaintiffs’ interrogatories.
27 Plaintiffs will file a separate motion concerning these declarations.
2
The Certificate of Service indicates Williams’ declaration was served only by United States
28 Mail on January 2, 2008.
PLAINTIFFS’ SUPPLEMENTAL RESPONSE TO MOTION TO
OHS West:260363599.2 -1- WITHDRAW AS COUNSEL FOR WINSTON WILLIAMS
5:07-CV-01389-RS
 1 CERTIFICATE OF SERVICE

2 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)
3
and paper copies will be sent to those indicated as non registered participants on January 7, 2008.
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Dated: January 7, 2008 Respectfully submitted,
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/s/ Theresa A. Sutton /s/
6 Theresa A. Sutton

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PLAINTIFFS’ SUPPLEMENTAL RESPONSE TO MOTION TO
OHS West:260363599.2 -2- WITHDRAW AS COUNSEL FOR WINSTON WILLIAMS
5:07-CV-01389-RS