E.K.D. et al v. Facebook, Inc.

Filing 139

ORDER RE POTENTIAL STAY OF PROCEEDINGS. Signed by Judge Seeborg on 12/14/2012. (rslc1, COURT STAFF) (Filed on 12/14/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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C.M.D, etc., et al.
Plaintiffs,
v.

No. C 12-1216 RS
ORDER RE POTENTIAL STAY OF
PROCEEDINGS

FACEBOOK, INC.,
Defendant.

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____________________________________/

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Subsequent to the time the pending motion to dismiss in this action was taken under

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submission, an order issued preliminarily approving a settlement in Fraley v. Facebook, C 11-01726

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RS. In connection with seeking leave to intervene in Fraley, plaintiffs represented that a prior

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version of a settlement agreement in Fraley would, if approved and consummated, “wipe out all” of

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the claims in this action. Plaintiffs now contend that the scope of the proposed release in Fraley is

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unclear, and they object to Facebook’s suggestion that this action be stayed pending the final

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approval hearing in Fraley.

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While the propriety of final approval of the Fraley settlement is yet to be determined, there

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is a substantial likelihood that further proceedings in that matter will have an impact here. Even

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assuming the Fraley settlement, if approved, would not entirely dispose of this action, it conceivably

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will narrow the claims these plaintiffs here can pursue, thereby requiring further amendment of the

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complaint. At a minimum, it appears likely that further briefing regarding the impact of Fraley on

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the claims here may become necessary.

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Plaintiffs understandably complain that Facebook has not formally moved for a stay in this

Conference Statement. Nevertheless, proceeding with a fully-noticed stay motion at this juncture

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would not serve judicial efficiency. Accordingly, within 20 days of the date of this order, plaintiffs

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may file a brief setting forth any arguments they may have as to why this action should not be

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stayed pending a ruling on final settlement approval in Fraley, and/or any alternative proposals for

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addressing the potential effect of the Fraley proceedings on the pending motion to dismiss and the

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balance of this litigation. Within seven days thereafter, Facebook may file a response. The Case

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For the Northern District of California

action and should not be able to obtain one merely by proposing it in a Case Management

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United States District Court

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Management Conference set for December 20, 2012 is continued to February 14, 2013 at 10:00 a.m.

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IT IS SO ORDERED.

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Dated: December 14, 2012
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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