Zimmerman et al v. Facebook, Inc. et al

Filing 21

PRETRIAL ORDER NO. 29: REGARDING ZIMMERMAN V. FACEBOOK. Signed by Judge Vince Chhabria on 11/13/2019. The deputy clerk hereby certifies that on 11/13/2019 a copy of this order was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing. (knm, COURT STAFF) (Filed on 11/13/2019)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

IN RE: FACEBOOK, INC. CONSUMER

MDL No. 2843

PRIVACY USER PROFILE LITIGATION

Case Nos. 18-md-02843-VC, 19-cv04591-VC

ROBERT ZIMMERMAN and UXOR

PRETRIAL ORDER NO. 29:
REGARDING ZIMMERMAN V.
FACEBOOK

PRESS,
Plaintiffs,
v.
FACEBOOK, INC. et al.
Defendants

The Court is in receipt of the case management statement and supplemental statement
filed by plaintiff Robert Zimmerman. As this Court has already determined, many or most of the
claims in Zimmerman’s complaint overlap substantially with the claims asserted in the MDL.
See Pretrial Order No. 24, Dkt. 320. But Zimmerman’s complaint also contains allegations that
appear unrelated to the MDL proceedings – in particular, that Facebook wrongfully blocked his
access to his Facebook accounts. The Court will therefore give Zimmerman a choice.
Zimmerman may choose to dismiss without prejudice all claims that overlap with the subject of
the MDL, and proceed against Facebook solely on claims related to the blocking of his accounts.
This would mean that Zimmerman could litigate these claims now, and separately from the
MDL, while allowing him to be represented as a class member by lead plaintiffs’ counsel
(assuming a class is certified) in the MDL on the claims he dismisses without prejudice.

Alternatively, Zimmerman can choose not to dismiss the overlapping claims in his lawsuit, in
which case his case will be treated like all the other cases in the MDL. Under this second
scenario, Zimmerman’s distinct claims regarding the blocking of his accounts would be stayed
pending resolution of the prioritized claims in this MDL, which are being litigated by lead
plaintiffs’ counsel. See Pretrial Order No. 20, Dkt. 298 (“All . . . claims not addressed by this
ruling will be stayed . . . and adjudicated, if necessary, at a later stage in the proceedings with the
other non-prioritized claims.”).
Zimmerman must understand that, contrary to his apparent understanding as expressed in
his filings, the MDL is now significantly broader than allegations relating to Cambridge
Analytica. Zimmerman must file a letter within 28 days of this order explaining which option he
selects.
IT IS SO ORDERED.
Dated: November 13, 2019
______________________________________
VINCE CHHABRIA
United States District Judge

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