Six4three, LLC v. Facebook, Inc.
Plaintiff Six4Three, LLC filed a complaint for an injunction and damages against Defendant Facebook, Inc. in the Superior Court of California, County of San Mateo. The complaint alleged that as a result of Facebook's decision to end access to Friends' Photos Endpoint, which permitted third-party developer access to a set of photos shared with a user by the user's friends, plaintiff suffered substantial injury including the loss of its investment in developing its Pikini app, which was to find photos of friends in bikinis.
| Six4three, LLC |
| Facebook, Inc. |
| 3:2017cv00359 |
| January 24, 2017 |
| US District Court for the Northern District of California |
| San Francisco Office |
| San Francisco |
| William Alsup |
| Anti-Trust |
| 28 U.S.C. § 1331 |
| Both |
Docket Report
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| Filing 38 Acknowledgement of Receipt of Remand Order. (alsS, COURT STAFF) (Filed on 3/6/2017) |
| Filing 37 Certified Copy of Remand Order and Docket Sheet Sent to State Court (alsS, COURT STAFF) (Filed on 2/21/2017) |
| Filing 36 SEALING ORDER by Hon. William Alsup granting #22 Administrative Motion to File Under Seal.(whalc1, COURT STAFF) (Filed on 2/17/2017) |
Filing 35
ORDER REMANDING ACTION TO STATE COURT by Hon. William Alsup granting in part and denying in part #12 Motion to Remand.(whalc1, COURT STAFF) (Filed on 2/17/2017)
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| Filing 34 Minute Entry for proceedings held before Hon. William Alsup: Motion Hearing held on 2/16/2017 re #12 MOTION to Remand For Lack of Federal Jurisdiction and Award of Fees and Costs and Memo Of Points and Authorities in Support thereof filed by Six4three, LLC. Motion to Remand is Granted. Motion for Award of Fess and Costs Taken Under Submission.Total Time in Court 12 minutes. Court Reporter Name Lydia Zinn. Plaintiff Attorney David Godkin. Defendant Attorney Cat Kim; Sonal Mehta. This is a text only Minute Entry (dl, COURT STAFF) (Date Filed: 2/16/2017) |
| Filing 33 NOTICE RE ORAL ARGUMENT. Signed by Judge Alsup on 2/15/17. (whalc1, COURT STAFF) (Filed on 2/15/2017) |
| Filing 32 Response re #31 Order bySix4three, LLC. (Godkin, David) (Filed on 2/15/2017) |
| Filing 31 REQUEST FOR FURTHER RESPONSE FROM PLAINTIFF. Signed by Judge Alsup on 2/15/17. (whalc1, COURT STAFF) (Filed on 2/15/2017) |
| Filing 30 NOTICE of Withdrawal of #20 Opposition to Plaintiff Six4Three, LLC's Motion to Remand by Facebook, Inc. (Attachments: #1 Proposed Order)(Mehta, Sonal) (Filed on 2/15/2017) Modified on 2/16/2017 (alsS, COURT STAFF). |
| Filing 29 Response re #28 Order Requesting Response from Plaintiff bySix4three, LLC. (Godkin, David) (Filed on 2/14/2017) |
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Filing 28
ORDER GRANTING REQUEST TO FILE A SURREPLY AND REQUESTING RESPONSE FROM PLAINTIFF. Signed by Judge Alsup on 2/14/17. (whalc1, COURT STAFF) (Filed on 2/14/2017)
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| Filing 27 Declaration of Catherine Y. Kim in Support of #22 Administrative Motion to File Under Seal filed byFacebook, Inc.. (Related document(s) #22 ) (Kim, Catherine) (Filed on 2/13/2017) |
| Electronic filing errors. Incorrect event used. [err101]Re: #23 Exhibits to an Administrative Motion to File Under Seal,Document not properly linked. [err102]Re: #23 Exhibits to an Administrative Motion to File Under Seal, filed by Six4three, LLC, #25 Declaration in Support, filed by Six4three, LLC, #24 Reply to Opposition/Response, filed by Six4three, LLC Corrected by Clerk's Office. No further action is necessary. (alsS, COURT STAFF) (Filed on 2/10/2017) |
| Electronic filing errors. Incorrect event used. [err101]Re: 23 Exhibits to an Administrative Motion to File Under Seal,Document not properly linked. [err102]Re: 23 Exhibits to an Administrative Motion to File Under Seal, filed by Six4three, LLC, 25 Declaration in Support, filed by Six4three, LLC, 24 Reply to Opposition/Response, filed by Six4three, LLC Corrected by Clerk's Office. No further action is necessary. (alsS, COURT STAFF) (Filed on 2/10/2017) |
| Filing 26 OBJECTIONS to Evidence in Plaintiff Six4Three, LLC's Reply #24 to its Motion to Remand by Facebook, Inc.. (Kim, Catherine) (Filed on 2/9/2017) |
| Filing 25 REDACTED Declaration of David S. Godkin in Support of #24 REPLY to #20 OPPOSITION/RESPONSE to #12 MOTION to Remand, filed by Six4three, LLC. (Godkin, David) filed bySix4three, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 REDACTED, #4 Exhibit 4 REDACTED, #5 Exhibit 5 REDACTED, #6 Exhibit 6 REDACTED, #7 Exhibit 7 REDACTED, #8 Exhibit 8 REDACTED, #9 Exhibit 9 REDACTED, #10 Exhibit 10 REDACTED, #11 Exhibit 11 REDACTED, #12 Exhibit 12 REDACTED, #13 Exhibit 13 REDACTED, #14 Exhibit 14 REDACTED, #15 Exhibit 15 REDACTED, #16 Exhibit 16 REDACTED, #17 Exhibit 17 REDACTED, #18 Exhibit 18 REDACTED, #19 Exhibit 19 REDACTED)(Related document(s) #12 ) (Godkin, David) (Filed on 2/9/2017) Modified on 2/10/2017 (alsS, COURT STAFF). Modified on 2/10/2017 (alsS, COURT STAFF). |
| Filing 24 REDACTED REPLY (SEE ATTACHMENT) to #20 OPPOSITION/RESPONSE to #12 MOTION to Remand For Lack of Federal Jurisdiction and Award of Fees and Costs and Memo Of Points and Authorities in Support thereof, filed by Six4three, LLC. (Godkin, David) (Filed on 2/9/2017) Modified on 2/10/2017 (alsS, COURT STAFF). (Additional attachment(s) added on 1/22/2018: #1 REDACTED REPLY) (sxbS, COURT STAFF). Modified on 1/22/2018 (sxbS, COURT STAFF). |
| Filing 23 Declaration of David S. Godkin in Support of Plaintiff's #24 Reply to Defendant's #20 Opposition to Plaintiff's #12 Motion to Remand, filed by Six4three, LLC. (Attachments: #1 Exhibit 1, #2 Errata 2, #3 Exhibit 3, #4 Exhibit 3 UNREDACTED, #5 Exhibit 4, #6 Exhibit 4 UNREDACED, #7 Exhibit 5, #8 Exhibit 5 UNREDACTGED, #9 Exhibit 6, #10 Exhibit 6 UNREDACTED, #11 Exhibit 7, #12 Exhibit 7 UNREDACTED, #13 Exhibit 8, #14 Exhibit 8 UNREDACTED, #15 Exhibit 9, #16 Exhibit 9 UNREDACTED, #17 Exhibit 10, #18 Exhibit 10 UNREDACTED, #19 Exhibit 11, #20 Exhibit 11 UNREDACTED, #21 Exhibit 12, #22 Exhibit 12 UNREDACTED, #23 Exhibit 13, #24 Exhibit 13 UNREDACTED, #25 Exhibit 14, #26 Exhibit 14 UNREDACTED, #27 Exhibit 15, #28 Exhibit 15 UNREDACTED, #29 Exhibit 16, #30 Exhibit 16 UNREDACTED, #31 Exhibit 17, #32 Exhibit 17 UNREDACTED, #33 Exhibit 18, #34 Exhibit 18 UNREDACTED, #35 Exhibit 19, #36 Exhibit 19 UNREDACTED)(Related document(s) #22 ) (Godkin, David) (Filed on 2/9/2017) Modified on 2/10/2017 (alsS, COURT STAFF). |
| Filing 22 Administrative Motion to File Under Seal filed by Six4three, LLC. (Attachments: #1 Declaration of David S. Godkin in Support of Motion to Seal, #2 Exhibit 1 - Signed Protective Order, #3 Proposed Order, #4 Redacted Version of Reply to Defendant's Opposition to Remand, #5 Unredacted version of Reply to Defendant's Opposition to Remand)(Godkin, David) (Filed on 2/9/2017) |
| Filing 21 NOTICE RE OPPORTUNITIES FOR YOUNG ATTORNEYS. Signed by Judge Alsup on 2/7/17. (whalc1, COURT STAFF) (Filed on 2/7/2017) |
| Filing 20 OPPOSITION/RESPONSE (re #12 MOTION to Remand For Lack of Federal Jurisdiction and Award of Fees and Costs and Memo Of Points and Authorities in Support thereof ) filed byFacebook, Inc.. (Attachments: #1 Declaration of Sonal N. Mehta, #2 Exhibit 1 to Mehta Decl., #3 Exhibit 2 to Mehta Decl., #4 Exhibit 3 to Mehta Decl.)(Mehta, Sonal) (Filed on 2/6/2017) |
| Filing 19 Certificate of Interested Entities by Six4three, LLC (Kruzer, James) (Filed on 1/31/2017) |
| Set/Reset Deadlines as to #12 MOTION to Remand For Lack of Federal Jurisdiction and Award of Fees and Costs and Memo Of Points and Authorities in Support thereof. Motion Hearing set for 2/16/2017 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. (dl, COURT STAFF) (Filed on 1/30/2017) |
| Set/Reset Deadlines as to 12 MOTION to Remand For Lack of Federal Jurisdiction and Award of Fees and Costs and Memo Of Points and Authorities in Support thereof. Motion Hearing set for 2/16/2017 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup. (dl, COURT STAFF) (Filed on 1/30/2017) |
| Filing 18 STIPULATION TO SHORTEN TIME FOR MOTION TO REMAND BRIEFING AND HEARING - CORRECTION OF DOCKET # 14 filed by Six4three, LLC. (Kruzer, James) (Filed on 1/30/2017) |
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Filing 17
ORDER GRANTING REQUEST TO SHORTEN TIME FOR MOTION TO REMAND BRIEFING AND HEARING re #14 . Responses due by 2/6/2017 AT NOON. Replies due by 2/9/2017 AT NOON. Motion Hearing set for 2/16/2017 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup.. Signed by Judge Alsup on 1/30/17. (whalc1, COURT STAFF) (Filed on 1/30/2017) Modified on 1/31/2017 (dl, COURT STAFF).
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| Filing 16 Proposed Order re #12 MOTION to Remand For Lack of Federal Jurisdiction and Award of Fees and Costs and Memo Of Points and Authorities in Support thereof by Six4three, LLC. (Kruzer, James) (Filed on 1/30/2017) |
| Filing 15 Declaration of David S. Godkin in Support of #14 Stipulation to Shorten Time for Motion to Remand filed bySix4three, LLC. (Related document(s) #14 ) (Kruzer, James) (Filed on 1/27/2017) |
| Filing 14 STIPULATION re #12 MOTION to Remand For Lack of Federal Jurisdiction and Award of Fees and Costs and Memo Of Points and Authorities in Support thereof filed by Six4three, LLC. (Kruzer, James) (Filed on 1/27/2017) |
| Filing 13 Declaration of David S. Godkin in Support of #12 MOTION to Remand For Lack of Federal Jurisdiction and Award of Fees and Costs and Memo Of Points and Authorities in Support thereof filed bySix4three, LLC. (Attachments: #1 Exhibit)(Related document(s) #12 ) (Kruzer, James) (Filed on 1/27/2017) |
| Filing 12 MOTION to Remand For Lack of Federal Jurisdiction and Award of Fees and Costs and Memo Of Points and Authorities in Support thereof filed by Six4three, LLC. Responses due by 2/10/2017. Replies due by 2/17/2017. (Kruzer, James) (Filed on 1/27/2017) |
| Filing 11 Certificate of Interested Entities by Facebook, Inc. (Miller, Laura) (Filed on 1/27/2017) |
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Filing 10
ORDER GRANTING #4 APPLICATION FOR ADMISSION OF ATTORNEY DAVID S. GODKIN PRO HAC VICE by Hon. William Alsup (whalc1, COURT STAFF) (Filed on 1/26/2017) Modified on 1/27/2017 (alsS, COURT STAFF).
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Filing 9
ORDER GRANTING #5 APPLICATION FOR ADMISSION OF ATTORNEY JAMES E. KRUZER PRO HAC VICE by Hon. William Alsup (whalc1, COURT STAFF) (Filed on 1/26/2017) Modified on 1/26/2017 (whalc1, COURT STAFF). Modified on 1/27/2017 (alsS, COURT STAFF).
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| Filing 8 NOTICE of Appearance by Catherine Y. Kim (Kim, Catherine) (Filed on 1/25/2017) |
| Filing 7 NOTICE of Appearance by Sonal N. Mehta (Mehta, Sonal) (Filed on 1/25/2017) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras Case Management Statement due by 4/20/2017. Case Management Conference set for 4/27/2017 11:00 AM in Courtroom 8, 19th Floor, San Francisco. (Attachments: #1 Notice of Eligibility for Video Recording)(alsS, COURT STAFF) (Filed on 1/25/2017) |
| Filing 5 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11102314.) filed by Six4three, LLC. (Kruzer, James) (Filed on 1/25/2017) |
| Filing 4 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11102275.) filed by Six4three, LLC. (Godkin, David) (Filed on 1/25/2017) |
| Filing 3 NOTICE of Appearance by Basil Peter Fthenakis As Counsel for Plaintiff Six4Three, LLC (Fthenakis, Basil) (Filed on 1/25/2017) |
| Filing 2 Case assigned to Hon. William Alsup. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (sv, COURT STAFF) (Filed on 1/25/2017) |
| Filing 1 NOTICE OF REMOVAL (Filing fee $400 receipt number 0971-11098204) from San Mateo Superior Court. Their case number is CIV 533328. (). Filed byFacebook, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet, #7 Certificate/Proof of Service)(Miller, Laura) (Filed on 1/24/2017) |
| Filing 1 NOTICE OF REMOVAL (Filing fee $400 receipt number 0971-11098204) from San Mateo Superior Court. Their case number is CIV 533328. (). Filed byFacebook, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Certificate/Proof of Service)(Miller, Laura) (Filed on 1/24/2017) |
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