Tyler Winklevoss, et al v. ConnectU, Inc., et al Doc. 13 Case No. 09-17050 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT THE FACEBOOK, INC., et al. Plaintiffs-Appellees-Cross-Appellants, v. CONNECTU, INC. (formerly known as CONNECTU LLC), CAMERON WINKLEVOSS, TYLER WINKLEVOSS, DIVYA NARENDRA, Defendants-Appellants-Cross-Appellees. On Appeal From The United States District Court For The Northern District of California, No. CV-07-01389-JW, The Honorable James Ware APPELLANT CONNECTU, INC.’S UPDATED REPORT RE: THE STATUS OF CONNECTU, INC.’S MOTION TO DISQUALIFY COUNSEL James E. Towery (BAR NO. 74058) Alison P. Buchanan (BAR NO. 215710) Jill E. Fox (BAR NO. 243945) HOGE, FENTON, JONES & APPEL, INC. Sixty South Market Street, Suite 1400 San Jose, California 95113-2396 Phone: (408) 287-9501 Fax: (408) 287-2583 Attorneys for Appellant ConnectU, Inc. Dockets.Justia.com CORPORATE DISCLOSURE STATEMENT This statement is made pursuant to Federal Rule of Appellate Procedure 26.1. As of December 15, 2008, Defendant-Appellant ConnectU, Inc. is a wholly- owned subsidiary of The Facebook, Inc., a privately held corporation. 1 Pursuant to the July 1, 2009 Order of this Court, ConnectU, Inc. previously provided a report to this Court relating to the status of the district court proceedings relating to ConnectU, Inc.’s Motion to Disqualify, which this Court remanded to the district court for decision. As ConnectU previously advised this Court, on September 2, 2009, the Honorable James Ware of the U.S. District Court for the Northern District of California, San Jose Division, issued an Order Granting ConnectU, Inc.’s Motion to Disqualify Counsel for the individual Plaintiffs-Appellants in this action, Cameron Winklevoss, Tyler Winklevoss, and Divya Narendra (the “Founders”). Specifically, the district court disqualified the law firm of Finnegan, Henderson, Farabow, Garrett & Dunner (“Finnegan”) and the law firm of Boies, Schiller & Flexner from further representing the Founders in this action. ConnectU files this updated status report in order to advise the Ninth Circuit that on November 23, 2009, ConnectU filed an administrative motion with the U.S. District Court for the Northern District of California, San Jose Division, requesting that the district court schedule a telephonic conference to schedule a hearing on an Order to Show Cause re: Contempt against the Founders and Finnegan. ConnectU’s request is based on the Founders’ and Finnegan’s willful disregard for the district court’s Order disqualifying Finnegan from representing the Founders; Finnegan continues to represent the Founders in a related matter pending before the Massachusetts District Court. DATED: November 25, 2009 Respectfully submitted, HOGE, FENTON, JONES & APPEL, INC. By /s/ James E. Towery James E. Towery Attorneys for Defendant-Appellant Connect U, Inc. 2 CERTIFICATE OF SERVICE 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) and paper copies will be sent to those indicated as non registered participants on November 25, 2009. DATED: November 25, 2009 Respectfully submitted, By /s/ James E. Towery James E. Towery 3 .