In re Facebook Consumer Privacy Litigation

Filing 15

STIPULATION Stipulation and [Proposed] Order Extending Plaintiffs' Time to File the Complaint, Defendant's Time to Answer or Move, and Parties' Time to Comply with the Initial Case Management Conference and ADR Deadlines by Facebook, Inc.. (Brown, Matthew) (Filed on 4/21/2010)

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COOLEY GODWARD KRONISH LLP MICHAEL G. RHODES (116127) ([e-mail]) MATTHEW D. BROWN (196972) ([e-mail]) 101 California Street 5th Floor San Francisco, CA 94111-5800 Telephone: [phone] Fax: [phone] Attorneys for Defendant FACEBOOK, INC. DAVID N. LAKE (180775) ([e-mail]) 16130 Ventura Boulevard, Suite 650 Encino, CA 91436 Telephone: [phone] Fax: [phone] Attorney for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Case No. C10-cv-00429 (JF) STIPULATION AND [PROPOSED] ORDER EXTENDING PLAINTIFFS' TIME TO FILE THE COMPLAINT, DEFENDANT'S TIME TO ANSWER OR MOVE, AND PARTIES' TIME TO COMPLY WITH THE INITIAL CASE MANAGEMENT CONFERENCE AND ADR DEADLINES

IN RE FACEBOOK PRIVACY LITIGATION

CONSUMER

This Stipulation is entered into by and among plaintiffs Donald Silverstri, Dawn Keer, Kimberly Mancella, Jill Silverman Strelzin, Christopher LeMole, Eric Markowitz, Frank Bluementhal, Lauren Reese, and Billy Sternberg (collectively, the "Plaintiffs"), and defendant Facebook, Inc. ("Defendant") by and through their respective counsel; WHEREAS, the Silverstri complaint was filed on January 29, 2010; WHEREAS, the Markowitz complaint was filed on January 29, 2010;
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STIP. & [PROPOSED] ORDER EXTENDING TIME C10-CV-00429 (JF)

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WHEREAS, counsel for Defendant has duly accepted service of the Summonses and Complaints; WHEREAS, on February 4, 2010, the Parties stipulated: (a) that the Silverstri and Markowitz actions are related cases within the meaning of Local Civil Rule 3-12(a), (b) that under Federal Rule of Civil Procedure 42(a), the cases are consolidated for all purposes into one action, (c) that Plaintiffs shall file a Consolidated Complaint on or before March 9, 2010, and (d) that Defendant shall respond to the Consolidated Complaint on or before April 9, 2010; WHEREAS, on February 11, 2010, the Court so ordered the Stipulation; WHEREAS, on March 5, 2010, the Parties stipulated that Plaintiffs shall file a Consolidated Complaint on or before April 27, 2010, and that Defendant shall respond to the Consolidated Complaint on or before May 27, 2010; WHEREAS, on March 15, 2010, the Court so ordered the Stipulation; WHEREAS, the Parties are required to respond to the Initial Case Management Conference and ADR Order by April 23, 2010; WHEREAS, the Parties have been meeting and conferring and engaging in ongoing settlement discussions and such settlement discussions are continuing; WHEREAS, Plaintiffs have been diligently been working on the Consolidated Complaint but require an additional extension to receive expert input to finalize the Consolidated Complaint; WHEREAS the Parties also seek a short adjournment of the Initial Case Management Order deadlines; and WHEREAS, the parties seek to agree upon a revised schedule for the filing of a consolidated complaint; IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiffs and Defendant, that: 1. The Plaintiffs shall file a Consolidated Complaint on or before May 25, 2010.

Defendant shall respond to the Consolidated Complaint on or before June 24, 2010. Defendant has no obligation to respond to the current Complaints.

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STIP. & [PROPOSED] ORDER EXTENDING TIME C10-CV-00429 (JF)

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2.

The Parties shall respond to the Initial Case Management Conference and ADR

Order by May 28, 2010. This stipulation is without prejudice to any other rights that any party may have. Dated: April 21, 2010 LAW OFFICES OF DAVID N. LAKE COOLEY GODWARD KRONISH LLP

/s/ David N. Lake David N. Lake (180775) Attorneys for Plaintiffs DONALD SILVERSTRI, DAWN KEER, KIMBERLY MANCELLA, JILL SILVERMAN STRELZIN, CHRISTOPHER LEMOLE, ERIC MARKOWITZ, FRANK BLUEMENTHAL, LAUREN REESE, AND BILLY STERNBERG DAVID N. LAKE (180775) ([e-mail]) 16130 Ventura Boulevard, Suite 650 Encino, California 91436 Telephone: [phone] Fax: [phone] LAURENCE D. PASKOWITZ ROY L. JACOBS ANGELICA KONTOROFF PASKOWITZ & ASSOCIATES 60 East 42nd Street, 46th Floor New York, NY 10165 Telephone: [phone] Fax: [phone] [e-mail] and Brian M. Felgoise FELGOISE LAW FIRM 261 Old York Rd. P. O. Box 706 Jenkintown, PA 19046 Telephone: [phone] Fax: [phone] [e-mail] Co-Lead Counsel for Plaintiffs

/s/ Matthew D. Brown Matthew D. Brown (196972) Attorneys for Defendant FACEBOOK, INC.

COOLEY GODWARD KRONISH LLP MICHAEL G. RHODES (116127) ([e-mail]) MATTHEW D. BROWN (196972) ([e-mail]) 101 California Street 5th Floor San Francisco, CA 94111-5800 Telephone: [phone] Fax: [phone] Attorneys for Defendant FACEBOOK, INC.

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STIP. & [PROPOSED] ORDER EXTENDING TIME C10-CV-00429 (JF)

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[PROPOSED] ORDER The above stipulation having been considered and good cause appearing therefore, IT IS SO ORDERED.

DATED:___________________

_________________________________________ The Honorable Jeremy Fogel UNITED STATES DISTRICT JUDGE

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STIP. & [PROPOSED] ORDER EXTENDING TIME C10-CV-00429 (JF)

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FILER'S ATTESTATION Pursuant to General Order No. 45, Section X, Subparagraph B, the undersigned attests that all parties have concurred in the filing of this Stipulation and [Proposed] Order.

Dated: April 21, 2010

COOLEY GODWARD KRONISH LLP

By: /s/ Matthew D. Brown Matthew D. Brown

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STIP. & [PROPOSED] ORDER EXTENDING TIME C10-CV-00429 (JF)