RootZoo, Inc v. Facebook, Inc.

Filing 188

STIPULATION AND ORDER EXTENDING TIME ON MOTIONS RELATED TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION re 185 . Signed by Judge Jeremy Fogel on 6/20/11. (dlm, COURT STAFF) (Filed on 7/1/2011)

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COOLEY LLP
MICHAEL G. RHODES (116127)
([e-mail])
WHITTY SOMVICHIAN (194463)
([e-mail])
PETER M. COLOSI (252951)
([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
FACEBOOK, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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In re FACEBOOK PPC Advertising
Litigation,

Master File Case No. C 09-03043 JF
JOINT STIPULATION EXTENDING TIME
ON MOTIONS RELATED TO PLAINTIFFS’
MOTION FOR CLASS CERTIFICATION

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This Document relates To:
All Actions.

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Pursuant to L.R. 6-2, counsel for defendant Facebook, Inc. (“Facebook”) and lead trial
counsel for Plaintiffs stipulate as follows:
WHEREAS, the deadline for Plaintiffs to file their Motion for Class Certification is
currently July 15, 2011;
WHEREAS, the parties have been diligently conducting discovery related to the Motion
for Class Certification and other issues;
WHEREAS, Plaintiffs believe additional time is needed to conduct further discovery prior
to Plaintiffs filing their Motion for Class Certification, including taking additional depositions;
WHEREAS, Facebook has agreed to join in this Stipulation in exchange for Plaintiffs’

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

1223816 v1/SF

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STIPULATION EXTENDING TIME ON MTNS
RELATED TO PLTFS’ MTN FOR CLASS CERT
C 09-03043 JF

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agreement to certain discovery limitations as set forth in the June 14, 2011 letter agreement

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among counsel for Facebook and Plaintiffs;

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WHEREAS, there have been no previous time modifications, whether by stipulation or
Court Order;
WHEREAS, the below time modification will not impact any other dates previously set
by the Court;

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WHEREAS, pursuant to such agreement, Plaintiffs and Facebook hereby seek an Order

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from the Court to extend the time for Plaintiffs to file their Motion for Class Certification and to

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set the class certification briefing schedule as specified below in order to facilitate the completion

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of certain discovery among the parties and the exchange of expert reports;
Now, therefore, Plaintiffs and Facebook stipulate and respectfully request that the Court
order as follows:
1. Plaintiffs shall have up to and including September 2, 2011 to file their Motion for
Class Certification and any accompanying Expert Reports.
2. Facebook shall have up to and including October 14, 2011 to file its Opposition to
Plaintiffs’ Motion for Class Certification and any accompanying Expert Reports.
3. Plaintiffs shall have up to and including November 11, 2011 to file their Reply to
Facebook’s Opposition.

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4. The time periods above include the time period to depose all experts and both parties

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will take reasonable efforts to make their respective experts available for deposition within one

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week of the filing of that expert’s report.

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IT IS SO STIPULATED.

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION EXTENDING TIME ON MTNS
RELATED TO PLTFS’ MTN FOR CLASS CERT
C 09-03043 JF

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Dated: June 15, 2011

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COOLEY LLP
MICHAEL G. RHODES (116127)
WHITTY SOMVICHIAN (194463)
PETER M. COLOSI (252951)

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BY: /s/ Whitty Somvichian
WHITTY SOMVICHIAN

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Attorneys for Defendant
FACEBOOK, INC.

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Dated: June 15, 2011

SEEGER WEISS LLP

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BY: /s/ Jonathan Shub
JONATHAN SHUB

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Attorneys for Plaintiffs

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION EXTENDING TIME ON MTNS
RELATED TO PLTFS’ MTN FOR CLASS CERT
C 09-03043 JF

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FILER’S ATTESTATION:
Pursuant to General Order No. 45, § X(B) regarding signatures, I attest under penalty of

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perjury that the concurrence in the filing of this document has been obtained from its signatories.

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Dated: June 15, 2011
BY: /s/ Whitty Somvichian
Whitty Somvichian (194463)

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IT IS SO ORDERED,

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Dated: 6/20/11

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BY:
The Hon. Jeremy Fogel
United States District Judge

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIPULATION EXTENDING TIME ON MTNS
RELATED TO PLTFS’ MTN FOR CLASS CERT
C 09-03043 JF

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PROOF OF SERVICE
(FRCP 5)

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I am a citizen of the United States and a resident of the State of California. I am employed in San
Francisco County, State of California, in the office of a member of the bar of this Court, at whose
direction the service was made. I am over the age of eighteen years, and not a party to the within
action. My business address is Cooley LLP, 101 California Street, 5th Floor, San Francisco,
California 94111-5800. My email address is: [e-mail]. On the date set forth below
I served the documents described below in the manner described below:

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

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Joint Stipulation Extending Time On Motions Related to Plaintiffs’ Motion
for Class Certification

on the following parties in this action:


(BY U.S. MAIL) I am personally and readily familiar with the business practice of
Cooley LLP for collection and processing of correspondence for mailing with the
United States Postal Service, and I caused such envelope(s) with postage thereon
fully prepaid to be placed in the United States Postal Service at San Francisco,
California.

on the following parties in this action:
TerriAnne Benedetto
SEEGER WEISS LLP
1515 Market Street, Ste. 1380
Philadelphia, PA 19102

Richard L. Kellner
KABATECK KELLNER LLP
Engine Company #28 Building
644 South Figureroa Street
Los Angeles, CA 90017

Jeffrey Leon
FREED & WEISS LLC
111 W. Washington Street
Suite 1331
Chicago, IL 60602

Harvey Kesner
61 Broadway, 32nd Floor
New York, NY 10006

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Executed on June 15, 2011, at San Francisco, California.

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Patricia Moyes

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

5.

STIPULATION EXTENDING TIME ON MTNS
RELATED TO PLTFS’ MTN FOR CLASS CERT
C 09-03043 JF

PROOF OF SERVICE
(FRCP 5)

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I am a citizen of the United States and a resident of the State of California. I am employed in San
Francisco County, State of California, in the office of a member of the bar of this Court, at whose
direction the service was made. I am over the age of eighteen years, and not a party to the within
action. My business address is Cooley LLP, 101 California Street, 5th Floor, San Francisco,
California 94111-5800. My email addressis:[e-mail]. On the date set forth below
I served the documents described below in the manner described below:

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•

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Joint Stipulation Extending Time On Motions Related to Plaintiffs' Motion
for Class Certification

on the following parties in this action:
~

(BY U.S. MAIL) I am personally and readily familiar with the business practice of
Cooley LLP for collection and processing of correspondence for mailing with the
United States Postal Service, and I caused such envelope(s) with postage thereon
fully prepaid to be placed in the United States Postal Service at San Francisco,
.
California.

on the following parties in this action:
TerriAnne Benedetto
SEEGER WEISS LLP
1515 Market Street, Ste. l380
Philadelphia, PA 19102

Richard L. Kellner
KABATECK KELLNER LLP
Engine Company #28 Building
644 South Figureroa Street
Los Angeles, CA 90017

Jeffrey Leon
FREED & WEISS LLC
III W. Washington Street
Suite l331
Chicago, IL 60602

Harvey Kesner
61 Broadway, 32nd Floor
New York, NY 10006

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Executed on June 15,2011, at San Francisco, California.

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COOLEyLLP
ATTORNlcYS AT LAW
SAN FRANCISCO

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STIPULA TION EXTENDING TIME ON MTNS
RELATED TO PLTFS' MTN FOR CLASS CERT

C 09-03043 JF