In re Facebook Consumer Privacy Litigation

Filing 17

STIPULATION and [Proposed] Order Extending Plaintiffs' Time to File Consolidated 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 5/19/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

COOLEY 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 CONSOLIDATED 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 CONSUMER PRIVACY LITIGATION

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, "Plaintiffs"), and defendant Facebook, Inc. ("Defendant") by and through their respective counsel.

1180714 v2/SF

1.

STIPULATION AND [PROPOSED] ORDER RE TIME C10-CV-00429 (JF)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WHEREAS, the Silverstri complaint was filed on January 29, 2010; WHEREAS, the Markowitz complaint was filed on January 29, 2010; 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, on April 21, 2010, the Parties stipulated that Plaintiffs shall file a Consolidated Complaint on or before May 25, 2010, that Defendant shall respond to the Consolidated Complaint on or before June 24, 2010, and that the Parties would respond to the Initial Case Management Order and ADR Order by May 28, 2010; WHEREAS, on April 29, 2010, the Court so ordered the Stipulation; WHEREAS, on April 29, 2010, the Court reset the Conference on the Initial Case Management Order from May 14, 2010 to May 28, 2010; WHEREAS, Plaintiffs have been diligently working on the Consolidated Complaint but Laurence D. Paskowitz, the principal of one of the Co-Lead Counsel, recently had major surgery, is recovering at home and cannot yet work full time, and, accordingly, Plaintiffs require a short additional extension to complete the Consolidated Complaint; WHEREAS, Plaintiffs will not seek any further extensions of this deadline; WHEREAS the Parties also have agreed upon a briefing schedule for Defendant's anticipated Motion to Dismiss the Complaint, and, accordingly, seek to reset the dates pertaining
1180714 v2/SF

2.

STIPULATION AND [PROPOSED] ORDER RE TIME C10-CV-00429 (JF)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

to the Initial Case Management Order; IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiffs and Defendant, that: 1. 2010. The Plaintiffs shall file a superseding Consolidated Complaint on or before June 8,

Defendant shall move to dismiss, answer, or otherwise respond to the Consolidated

Complaint on or before July 13, 2010. Defendant has no obligation to respond to the current Complaints. If Defendant files a Motion to Dismiss, Plaintiffs will file their Opposition to such Motion by August 10, 2010, and Defendant will file a Reply by August 27, 2010. 2. August 19, 2010 will be the last day to meet and confer re: initial disclosures, early

settlement, ADR process selection, and discovery plan (Fed. R. Civ. Pro. 26(f) & ADR L.R. 3-5); file ADR certification signed by Parties and Counsel (Civil L.R. 16-8(b) & ADR L.R. 3-5(b)); and file either Stipulation to ADR Process or Notice of Need for ADR Phone Conference (Civil L.R. 16-8(c) & ADR L.R. 3-5(b) & (c)). 3. September 2, 2010 will be the last day to file the Rule 26(f) Report, complete

initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement per the Court's Standing Order re Contents of Joint Case Management Statement (Fed. R. Civ. Pro. 26(a)(1) & Civil L.R. 16-9). 4. Oral argument on any Motion to Dismiss filed by Defendant shall be heard on

September 10, 2010, at 9:00 a.m. and the Case Management Conference shall be held on the same day, September 10, 2010, at 10:30 a.m. This Stipulation is without prejudice to any other rights that any party may have.

1180714 v2/SF

3.

STIPULATION AND [PROPOSED] ORDER RE TIME C10-CV-00429 (JF)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Dated: May 19, 2010 LAW OFFICES OF DAVID N. LAKE COOLEY 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, CA 91436 Telephone: [phone] Fax: [phone] Liaison Counsel for Plaintiffs LAURENCE D. PASKOWITZ ROY L. JACOBS ANGELICA KONTOROFF PASKOWITZ LAW FIRM P.C. 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. Suite 518 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 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.

1180714 v2/SF

4.

STIPULATION AND [PROPOSED] ORDER RE TIME C10-CV-00429 (JF)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
1180714 v2/SF

[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

5.

STIPULATION AND [PROPOSED] ORDER RE TIME C10-CV-00429 (JF)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
1180714 v2/SF

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: May 19, 2010

COOLEY LLP

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

6.

STIPULATION AND [PROPOSED] ORDER RE TIME C10-CV-00429 (JF)