ConnectU LLC v. Zuckerberg, et al
| CAMERON WINKLEVOSS, TYLER WINKLEVOSS and DIVYA NARENDRA |
| MARK ZUCKERBERG, ANDREW MCCOLLUM, FACEBOOK, INC., DUSTIN MOSKOVITZ, CHRISTOPHER HUGHES and EDUARDO SAVERIN |
| CONNECTU LLC |
| 07-1796 |
| May 22, 2007 |
| U.S. Court of Appeals, First Circuit |
| Other Contract |
Docket Report
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| Archives location information: Transfer Number PT276-10-0039. Box Number 117/261. The Court of Appeals record is held at the Federal Records Center in Waltham, MA. Copies of the record can be ordered online at # http://www.archives.gov/northeast/boston/public/court-records.html . [07-1796] (BS) [Entered: 06/15/2010 10:13 AM] |
| Record returned to originating court:. Three black binders of exhibits [07-1796] (CC) [Entered: 03/02/2009 12:27 PM] |
ORDER entered by Bruce M. Selya, Appellate Judge denying motion to intervene and request to appear as amicus filed by Jonathan Lee Riches. [07-1796] (MH) [Entered: 01/06/2009 10:46 AM]
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| MOTION filed by pro se Jonathan Lee Riches for rehearing en banc, to intervene, and to file amicus curiae brief. Certificate of service was not included. [07-1796] (MH) [Entered: 12/24/2008 11:01 AM] |
| Record returned to originating court:. Docs. 1-46, 47-50, 52-55, 57-64, 65, 66, 68-71, 73-79, 81-85, 86, 88-98, 101-120, 121-128, 131-140, 143-150, 153, 154-177, 178-186, 188-193, 195, 196, 198-200, 208-218, 222-248, 250-260, 264-268, 269-277, 279-281, 283-291, 292-301, exhibits 10, 13, 13-A, 14-16, 18, 19-A, 21, 22, 26-31, 34, 37, A-D, E, G, R, V, 50-2, exhibit list, transcripts 219-221, 261-263, sealed docs. 38(exhibit20), 51(exhibit 26), 99(exhibits3, 6-9), 100, 101(exhibit 8), 142(exhibit6-9), 148(exhibits3, 4, 6, 8, 9, 13, 18, 20, 21), 158(exhibit l), 182(exhibit 4, 7, 9-22), 187(2), 197(exhibits A,H), 199(exhibits A-Q), 202(exhibit 1), 207(E,F), 226(exhibits F, K, Q, S, T, U, W, X), 278( exhibits A-E,) 282, exhibit C, [07-1796] (CC) [Entered: 07/23/2008 11:59 AM] |
| MANDATE Issued. [07-1796] (MH) [Entered: 07/21/2008 01:40 PM] |
| ERRATA sheet to opinion (published) filed. [07-1796] (SBT) [Entered: 04/29/2008 11:38 AM] |
| OPINION issued by Kermit V. Lipez, Appellate Judge; Bruce M. Selya, Senior Appellate Judge and Eugene E. Siler, Appellate Judge. Published. [07-1796] (MH) [Entered: 04/03/2008 05:32 PM] |
| JUDGMENT entered by Kermit V. Lipez, Appellate Judge; Bruce M. Selya, Senior Appellate Judge and Eugene E. Siler, Appellate Judge. 07-1796 Remanded [07-1796] (MH) [Entered: 04/03/2008 05:34 PM] |
| CASE ARGUED 1/9/08. Case argued. Panel: Lipez Appellate Judge, Selya Senior Appellate Judge, Siler Appellate Judge. [07-1796] (KT) [Entered: 01/09/2008 03:15 PM] |
| PUBLIC NOTE: Appellees notice of intent to argue previously filed motion to dismiss. [07-1796] (MH) [Entered: 12/14/2007 11:59 AM] |
| Designation form filed. Attorney Daniel K. Hampton for Appellee Eduardo Saverin will be presenting oral argument. (KT) [Entered: 12/11/2007 02:59 PM] |
| Designation form filed. Attorney John F. Hornick for Appellant ConnectU LLC will be presenting oral argument. (KT) [Entered: 12/11/2007 02:52 PM] |
| Designation form filed. Attorney I. Neel Chatterjee for Appellee Facebook, Inc., Appellee Christopher Hughes, Appellee Andrew McCollum, Appellee Dustin Moskovitz, Appellee Mark Zuckerberg will be presenting oral argument. (KT) [Entered: 12/11/2007 02:31 PM] |
| Case calendared: 01/09/2008 Boston, MA Panel Courtroom.. [07-1796] (KT) [Entered: 11/27/2007 11:07 AM] |
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ORDER entered by Chief Judge Michael Boudin. The motion to dismiss the appeal as moot is denied without prejudice to its reconsideration by the panel that decides the appeal on the merits. The mootness argument seems highly doubtful, and the availability and merit of the alternative "standing" argument are sufficiently uncertain that there is no reason to address these issues now. [07-1796] (SP) [Entered: 11/26/2007 11:55 AM]
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| ELECTRONIC DOCUMENT reply brief filed by Appellant ConnectU LLC. [07-1796] (MH) [Entered: 11/29/2007 12:13 PM] |
| REPLY BRIEF filed by Appellant ConnectU LLC. Length: 31 pages/6,914 words, Copies: 9, Served by mail. Certificate of service date 11/26/07. [1312835-1] [07-1796] (MH) [Entered: 11/29/2007 12:11 PM] |
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ORDER entered. Appellee Andrew McCollum has filed a notice indicating his intent to join in the brief of Appellee Eduardo Saverin. The decision to adopt a co-party's brief is the litigant's decision, see Fed. R. App. P. 28(i), and the litigant must bear whatever risks that course of action entails, including that the court will deem the argument not transferable or waived. See United States v. Casas, 425 F.3d 23, 30 n.2 (1st Cir. 2005); United States v. David, 940 F.2d 722, 737 (1st Cir. 1991); United States v. Zannino, 895 F.2d 1, 17 (1st Cir. 1990). (MH) [Entered: 11/20/2007 11:48 AM]
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ORDER entered. Appellees Mark Zuckerberg, Dustin Moskovitz, Christopher Hughes, and The Facebook, Inc. has filed a notice indicating their intent to join in the brief of Appellee Eduardo Saverin. The decision to adopt a co-party's brief is the litigant's decision, see Fed. R. App. P. 28(i), and the litigant must bear whatever risks that course of action entails, including that the court will deem the argument not transferable or waived. See United States v. Casas, 425 F.3d 23, 30 n.2 (1st Cir. 2005); United States v. David, 940 F.2d 722, 737 (1st Cir. 1991); United States v. Zannino, 895 F.2d 1, 17 (1st Cir. 1990). [07-1796] (MH) [Entered: 11/20/2007 11:52 AM]
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| PUBLIC NOTE: Joinder of appellees Mark Zuckerberg, Dustin Moskovitz, Christopher Hughes, and The Facebook, Inc. [07-1796] (MH) [Entered: 11/15/2007 10:40 AM] |
| PUBLIC NOTE: Joinder of appellee Andrew McCollum. [07-1796] (MH) [Entered: 11/15/2007 10:37 AM] |
| CD-Rom Brief submitted by Appellee Andrew McCollum. (RL) [Entered: 11/07/2007 01:40 PM] |
| CD-Rom Brief submitted by Appellee Mark Zuckerberg, Appellee Dustin Moskovitz, Appellee Christopher Hughes, Appellee Facebook, Inc.. (RL) [Entered: 11/07/2007 01:13 PM] |
| BRIEF filed by Appellee Andrew McCollum. Length: 40 pages (9,625 words), Copies: 10, Served by mail. Certificate of service date 11/5/07. [1306297-1] [07-1796] (RL) [Entered: 11/07/2007 01:39 PM] |
| ELECTRONIC DOCUMENT Appellee's Brief filed on cd-rom by Appellee Andrew McCollum. [07-1796] (CLD) [Entered: 11/07/2007 11:47 AM] |
| DISCLOSURE STATEMENT on behalf of Appellee Andrew McCollum filed. [07-1796] (RL) [Entered: 11/07/2007 01:40 PM] |
| ELECTRONIC DOCUMENT Appellee's disk filed by Appellee Eduardo Saverin. [07-1796] (RL) [Entered: 11/08/2007 08:55 AM] |
| DISCLOSURE STATEMENT on behalf of Appellee Eduardo Saverin filed. [07-1796] (RL) [Entered: 11/08/2007 08:59 AM] |
| BRIEF filed by Appellee Eduardo Saverin. Length: 35 pages (7,497 words), Copies: 11, Served by mail. Certificate of service date 11/7/07. [1306538-1] Reply brief due 11/26/07. [07-1796] (RL) [Entered: 11/08/2007 09:02 AM] |
| BRIEF filed by Appellee Mark Zuckerberg, Appellee Dustin Moskovitz, Appellee Christopher Hughes, Appellee Facebook, Inc.. Length: 43 pages (10,106 words), Copies: 10, Served by mail. Certificate of service date 11/5/07. [1306293-1] [07-1796] (RL) [Entered: 11/07/2007 01:35 PM] |
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ORDER entered. Upon consideration of motion of appellee, It is ordered that the time for Eduardo Saverin to file his brief be enlarged to and including November 7, 2007. [07-1796] (MH) [Entered: 11/06/2007 02:30 PM]
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| DISCLOSURE STATEMENT on behalf of Appellee Mark Zuckerberg, Appellee Dustin Moskovitz, Appellee Andrew McCollum, Appellee Christopher Hughes, Appellee Facebook, Inc. filed. [07-1796] (RL) [Entered: 11/06/2007 11:08 AM] |
| MOTION filed by Appellee Eduardo Saverin to extend time to file Appellee's brief until 11/7/07. Ext. Code: OTH Certificate of service dated 11/5/07. [07-1796] (MH) [Entered: 11/06/2007 01:31 PM] |
| Appellees' REPLY in support of motion to dismiss appeal as moot. Certificate of service dated 10/12/07. [1297954-1] [07-1796] (MH) [Entered: 10/15/2007 02:30 PM] |
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ORDER entered. Defendants-Appellees' assented-to motion for extension of time to file brief to November 5, 2007 is granted. [07-1796] (MH) [Entered: 10/10/2007 10:51 AM]
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| MOTION filed by Appellees to extend time to file Appellee's brief until 11/5/07. Ext. Code: OTH Certificate of service dated 10/5/07. [07-1796] (MH) [Entered: 10/10/2007 10:45 AM] |
| Opposition filed by Appellant ConnectU LLC to motion dismiss appeal as moot. [1289179-1] Certificate of service dated 10/1/07. [1294850-1] [07-1796] (MH) [Entered: 10/03/2007 03:14 PM] |
| DISCLOSURE STATEMENT on behalf of Appellant ConnectU LLC filed. [07-1796] (RL) [Entered: 09/20/2007 07:51 AM] |
| SUPPLEMENTAL APPENDIX filed by Appellant ConnectU LLC. Copies: 5. Volumes: 3. Delivered by mail. Certificate of service date 9/19/07 [VOLUMES FILED UNDER SEAL][1289975-1] [07-1796] (RL) [Entered: 09/20/2007 07:52 AM] |
| APPENDIX filed by Appellant ConnectU LLC. Copies: 5. Volumes: 8. Delivered by mail. Certificate of service date 9/19/07 [1289974-1] [07-1796] (RL) [Entered: 09/20/2007 07:51 AM] |
| CD-Rom Brief submitted by Appellant ConnectU LLC. (RL) [Entered: 09/20/2007 07:50 AM] |
| BRIEF filed by Appellant ConnectU LLC. Length: 32 pages (7,635 words), Copies: 10, Served by mail. Certificate of service date 9/19/07. [1289971-1] Appellee brief due 10/22/07. [07-1796] (RL) [Entered: 09/20/2007 07:48 AM] |
| MOTION filed by Appellees' to dismiss appeal as moot. [1289179-1] Certificate of service dated 9/17/07. [07-1796] (MH) [Entered: 09/18/2007 11:24 AM] |
| Appellees' opposition to ConnectU LLC's motion to defer briefing, or in the alternative, for dismissal without prejudice to re-file. [1283600-1] Certificate of service dated 9/17/07. [1289177-1] [07-1796] (MH) [Entered: 09/18/2007 11:22 AM] |
| APPEARANCE filed by John F. Hornick for Appellant ConnectU LLC. [1285792-1] [07-1796] (MH) [Entered: 09/10/2007 12:03 PM] |
| MOTION to defer briefing, or in the alternative, for dismissal without prejudice to refile filed by Appellant ConnectU LLC. [1283600-1] Certificate of service dated 8/31/07. [07-1796] (MH) [Entered: 08/31/2007 04:52 PM] |
| APPEARANCE filed by Daniel P. Kaufman for Appellant ConnectU LLC. [1278308-1] [07-1796] (MH) [Entered: 08/16/2007 11:45 AM] |
| APPEARANCE filed by Meredith H. Schoenfeld for Appellant ConnectU LLC. [1278301-1] [07-1796] (MH) [Entered: 08/16/2007 11:43 AM] |
| BRIEFING SCHEDULE. Appellant's Brief due 9/19/07. Appendix due 9/19/07. [07-1796] (MH) [Entered: 08/10/2007 02:01 PM] |
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ORDER entered by Judge Juan R. Torruella. Defendants-appellees Mark Zuckerberg, Dustin Moskovitz, Andrew McCollum, and Christopher Hughes have filed a "Motion to Amend Caption" seeking to "correct the named defendants by changing 'Facebook, Inc.' to 'TheFaceBook.com a/k/a TheFaceBook.'" They explain that "the original Complaint, the dismissal of which gave rise to the present appeal," names "TheFaceBook.com a/k/a TheFaceBook" as a defendant. The motion is untimely because, as the defendants-appellees have conceded, it was not filed within seven days of service of the docketing statement. See 1st Cir. Loc. R. 3.0(a)(3). And in any event, it appears that changing "Facebook, Inc." to "TheFaceBook.com a/k/a TheFaceBook" would be misleading. After all, on October 28, 2004, ConnectU filed an Amended Complaint (docket # 13) replacing "Facebook.com a/k/a The Facebook" with "TheFacebook, Inc." See Fed. R. Civ. P. 15(a). And, beginning with its Answer to the Amended Complaint on November 18, 2004 (docket # 14), the defendants-appellees captioned the case with either "TheFacebook, Inc." or "Facebook, Inc." as a defendant. For these reasons, the "Motion to Amend Caption" is DENIED without prejudice to later reconsideration by the panel that will be deciding the merits of the appeal. So ordered. [07-1796] (MH) [Entered: 07/31/2007 03:06 PM]
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| ATTORNEYS G. Hopkins Guy, III and Theresa A. Sutton for Appellees Facebook, Inc., Christopher Hughes, Andrew McCollum, Dustin Moskovitz, Mark Zuckerberg, [07-1796] (AS) [Entered: 07/11/2007 09:44 AM] |
| APPEARANCE filed by G. Hopkins Guy for Appellees Facebook, Inc., Christopher Hughes, Andrew McCollum, Dustin Moskovitz, and Mark Zuckerberg. [1265776-1] [07-1796] (AS) [Entered: 07/11/2007 10:50 AM] |
| APPEARANCE filed by Theresa A. Sutton for Appellees Facebook, Inc., Christopher Hughes, Andrew McCollum, Dustin Moskovitz, and Mark Zuckerberg. [1265772-1] [07-1796] (AS) [Entered: 07/11/2007 10:46 AM] |
| REPLY to Appellant's Opposition to Appellees' Motion to Amend Caption filed by Appellees Mark Zuckerberg, Dustin Moskovitz, Andrew McCollum, Christopher Hughes and Facebook, Inc. [1259631-1]. Certificate of service dated 6/27/07. [1262081-1] [07-1796] (SP) [Entered: 06/28/2007 12:56 PM] |
| COUNTER-DESIGNATION of additional portions of the record to be included in the record appendix filed by Appellees. [07-1796] (MH) [Entered: 06/27/2007 02:52 PM] |
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ORDER entered. Defendants' unopposed motion for extension of time to file the designation of the record appendix to June 25, 2007 is granted. [07-1796] (MH) [Entered: 06/22/2007 02:33 PM]
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| RESPONSE filed by Appellant ConnectU LLC to motion to amend caption. [1258642-1] Certificate of service dated 6/20/07. [1259631-1] [07-1796] (MH) [Entered: 06/21/2007 02:13 PM] |
| DISCLOSURE STATEMENT on behalf of Appellant ConnectU LLC filed. [07-1796] (MH) [Entered: 06/21/2007 02:12 PM] |
| MOTION filed by Defendants to extend time to file appendix. Certificate of service dated 6/19/07. [07-1796] (MH) [Entered: 06/20/2007 10:19 AM] |
| DISCLOSURE STATEMENT on behalf of Appellee Facebook, Inc. filed. [07-1796] (MH) [Entered: 06/19/2007 01:09 PM] |
| MOTION filed by Appellees to amend caption. Certificate of service dated 6/15/07. [07-1796] (MH) [Entered: 06/19/2007 01:12 PM] |
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ORDER entered. The joint motion for an extension of time within which to file the parties' briefs is denied as moot, given that a briefing schedule has not yet been set. [07-1796] (SP) [Entered: 06/14/2007 02:16 PM]
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| JOINT MOTION filed by Appellant ConnectU LLC and Appellees Mark Zuckerberg, Eduardo Saverin, Dustin Moskovitz, Andrew McCollum, Christopher Hughes and Facebook, Inc. to extend time to file Appellant's brief until 8/20/07. Certificate of service dated 6/13/07. [07-1796] (SP) [Entered: 06/14/2007 09:48 AM] |
| APPEARANCE filed by Gordon P. Katz for Appellee Eduardo Saverin. [1255559-1] [07-1796] (MH) [Entered: 06/08/2007 03:25 PM] |
| DESIGNATION of contents of appendix and statement of issues filed by Appellant ConnectU LLC. [07-1796] (MH) [Entered: 06/11/2007 09:56 AM] |
| APPEARANCE filed by Jeremy P. Oczek for Appellee Facebook, Inc., Christopher Hughes, Andrew McCollum, Dustin Moskovitz, and Mark Zuckerberg. [1254924-1] [07-1796] (MH) [Entered: 06/07/2007 10:56 AM] |
| APPEARANCE filed by Amy Beckman for Appellee Facebook, Inc., Christopher Hughes, Andrew McCollum, Dustin Moskovitz, and Mark Zuckerberg. [1254940-1] [07-1796] (MH) [Entered: 06/07/2007 11:02 AM] |
| APPEARANCE filed by J. Peter Coll for Appellee Facebook, Inc., Christopher Hughes, Andrew McCollum, Dustin Moskovitz, and Mark Zuckerberg. [1254936-1] [07-1796] (MH) [Entered: 06/07/2007 11:00 AM] |
| APPEARANCE filed by I. Neel Chatterjee for Appellee Facebook, Inc., Christopher Hughes, Andrew McCollum, Dustin Moskovitz, and Mark Zuckerberg. [1254934-1] [07-1796] (MH) [Entered: 06/07/2007 10:59 AM] |
| APPEARANCE filed by Monte Cooper for Appellee Facebook, Inc., Christopher Hughes, Andrew McCollum, Dustin Moskovitz, and Mark Zuckerberg. [1254928-1] [07-1796] (MH) [Entered: 06/07/2007 10:58 AM] |
| APPEARANCE filed by Steven M. Bauer for Appellee Facebook, Inc., Christopher Hughes, Andrew McCollum, Dustin Moskovitz, and Mark Zuckerberg. [1254918-1] [07-1796] (MH) [Entered: 06/07/2007 10:55 AM] |
| APPEARANCE filed by Annette Hurst for Appellee Eduardo Saverin. [1254894-1] [07-1796] (MH) [Entered: 06/07/2007 10:34 AM] |
| APPEARANCE filed by Daniel K. Hampton for Appellee Eduardo Saverin. [1254886-1] [07-1796] (MH) [Entered: 06/07/2007 10:31 AM] |
| APPEARANCE filed by Daniel Patrick Tighe for Appellant ConnectU LLC. [1252808-1] [07-1796] (MH) [Entered: 05/31/2007 02:22 PM] |
| Transcript Report/Order Form filed by Appellant ConnectU LLC. Transcript of already on file. [07-1796] (MH) [Entered: 05/31/2007 02:24 PM] |
| DOCKETING STATEMENT filed by Appellant ConnectU LLC. [07-1796] (MH) [Entered: 05/31/2007 02:24 PM] |
| APPEARANCE filed by Scott McConchie for Appellant ConnectU LLC. [1252809-1] [07-1796] (MH) [Entered: 05/31/2007 02:22 PM] |
| Involvement of attorney Lawrence R. Robins for ConnectU LLC terminated. [07-1796] (MH) [Entered: 05/24/2007 12:20 PM] |
| Involvement of attorney Jonathan M. Gelchinsky for ConnectU LLC terminated. [07-1796] (MH) [Entered: 05/24/2007 12:20 PM] |
| RECORD filed: consisting of docket entries 1-71, 73-86, 88-128, 131-150, 153-281, 283-301 & 3 binders of exhibits. [1250711-1] [07-1796] (MH) [Entered: 05/24/2007 11:54 AM] |
| Involvement of attorney Troy Grabow for ConnectU LLC terminated. [07-1796] (MH) [Entered: 05/24/2007 12:21 PM] |
| Involvement of attorney Gordon P. Katz terminated. [07-1796] (MH) [Entered: 05/24/2007 12:24 PM] |
| CIVIL CASE docketed. Opening forms sent. Notice of Appeal filed by Appellant ConnectU LLC. Appearance form due 6/5/07. Docketing Statement due 6/5/07. Transcript Report/Order due 6/5/07. [07-1796] (MH) [Entered: 05/24/2007 11:52 AM] |
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