Hibnick v. Google Inc.

Filing 21

EXHIBITS re 19 MOTION for Entry of proposed pretrial Order No. 1; Memorandum of Points and Authorities in Support of Motion for Entry of Pretrial Order No. 1 filed by Eva Hibnick, Andranik Souvalian. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 19 ) (Ram, Michael) (Filed on 5/7/2010) Modified on 5/10/2010 (cv, COURT STAFF).

EXHIBIT B

PROFESSOR WILLIAM B. RUBENSTEIN
Harvard Law School - AR323 1545 Massachusetts Avenue Cambridge, MA 02138 ACADEMIC EMPLOYMENT HARVARD LAW SCHOOL, CAMBRIDGE MA Professor of Law Bruce Bromley Visiting Professor of Law Visiting Professor of Law Lecturer in Law Courses: Civil Procedure; Class Action Law; Remedies 20072006-2007 2003-2004, 2005-2006 1990-1996 617.496.7320 (P) 617.496.4865 (F) [e-mail]

UCLA SCHOOL OF LAW, LOS ANGELES CA Professor of Law 2002-2007 Acting Professor of Law 1997-2002 Courses: Civil Procedure; Complex Litigation; Remedies Awards: 2002 Rutter Award for Excellence in Teaching Top 20 California Lawyers Under 40, Calif. Law Business (2000) STANFORD LAW SCHOOL, STANFORD CA Acting Associate Professor of Law 1995-1997 Courses: Civil Procedure; Federal Litigation Awards: 1997 John Bingham Hurlbut Award for Excellence in Teaching YALE LAW SCHOOL, NEW HAVEN CT Lecturer in Law BENJAMIN N. CARDOZO SCHOOL OF LAW, NEW YORK NY Visiting Professor 1994, 1995 Summer 2005

LITIGATION-RELATED EMPLOYMENT AMERICAN CIVIL LIBERTIES UNION, NATIONAL OFFICE, NEW YORK NY Project Director and Staff Counsel 1987-1995 Litigated impact cases in federal and state courts throughout the US. Supervised a staff of attorneys at the national office, oversaw work of ACLU attorneys around the country, and coordinated work with private cooperating counsel nationwide. Significant experience in complex litigation practice and procedural issues; appellate litigation; litigation coordination, planning and oversight. HON. STANLEY SPORKIN, U.S. DISTRICT COURT, WASHINGTON DC Law Clerk PUBLIC CITIZEN LITIGATION GROUP, WASHINGTON DC Intern 1986-87 Summer 1985

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EDUCATION HARVARD LAW SCHOOL, CAMBRIDGE MA J.D., 1986, magna cum laude YALE COLLEGE, NEW HAVEN CT B.A., 1982, magna cum laude Editor-in-Chief, YALE DAILY NEWS SELECTED COMPLEX LITIGATION EXPERIENCE Professional Service " " " " " " Sole Author, NEWBERG ON CLASS ACTIONS (4th ed. updates since 2008 and 5th ed. (forthcoming 20102015)) Adviser, American Law Institute, Project on the Principles of the Law of Aggregate Litigation, Philadelphia, Pennsylvania, 2004"Expert's Corner" (Monthly Column), Class Action Attorney Fee Digest, 2007Advisory Board, Class Action Law Monitor (Strafford Publications), 2008Co-Chair, ABA Litigation Section, Mass Torts Committee, Class Action Sub-Committee, 2007 Planning Committee, American Bar Association, Annual National Institute on Class Actions Conference, 2006, 2007 Expert Witness " Submitted an expert witness declaration concerning objectors' entitlement to attorney's fees (Rodriguez v. West Publishing Corp., Case No. CV-05-3222, U.S. Dist. Ct., Central District of California (2010)) Submitted an expert witness declaration concerning fairness of settlement provisions and processes (White v. Experian Information Solutions, Inc., Case No. 05-CV-1070, U.S. Dist. Ct., Central District of California (2010)) Submitted an expert witness declaration concerning attorney's fees in class action fee dispute (Elihu v. Toshiba America Information Systems, Inc., Case No. BC328566, California Superior Court, Los Angeles County, CA (2009)) Submitted an expert witness declaration concerning common benefit fee in MDL proceeding in federal court (In re Genetically Modified Rice Litigation, MDL Docket No. 1811, U.S. Dist. Ct., Eastern District of Missouri (2009))

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Submitted an expert witness declaration concerning settlement approval and fee application in national MDL class action proceeding (In re Wal-Mart Wage and Hour Employment Practices Litigation, MDL Docket No. 1735, U.S. District Court for the District of Nevada (2009)) Submitted an expert witness declaration concerning fee application in national MDL class action proceeding (In re Dept. of Veterans Affairs (VA) Data Theft Litigation, MDL Docket No. 1796, U.S. District Court for the District of Columbia (2009)) Submitted an expert witness declaration concerning common benefit fee in mass tort MDL proceeding in federal court (In re Kugel Mesh Products Liability Litigation, MDL Docket No. 1842, U.S. Dist. Ct., District of Rhode Island (2009)) Submitted an expert witness declaration and supplemental declaration concerning common benefit fee in consolidated mass tort proceedings in state court (In re All Kugel Mesh Individual Cases, Master Docket No. PC-2008-9999, Superior Court, State of Rhode Island (2009)) Submitted an expert witness declaration concerning process for selecting lead counsel in complex MDL antitrust class action (In re Rail Freight Fuel Surcharge Antitrust Litigation, MDL Docket No. 1869, U.S. Dist. Ct., District of Columbia (2008)) Retained, deposed, and testified in court as expert witness on procedural issues in complex class action (Hoffman v. American Express, Case No. 2001-022881, California Superior Court, Alameda County, CA (2008)) Submitted an expert witness declaration concerning fee application in wage and hour class action (Warner v. Experian Information Solutions, Inc., Case No. BC362599, California Superior Court, Los Angeles County, CA (2009)) Submitted an expert witness declaration concerning fee application in wage and hour class action (Salsgiver v. Yahoo! Inc., Case No. BC367430, California Superior Court, Los Angeles County, CA (2008)) Submitted an expert witness declaration concerning fee application in wage and hour class action (Voight v. Cisco Systems, Inc., Case No. 106CV075705, California Superior Court, Santa Clara County, CA (2008)) Retained and deposed as expert witness on fee issues in attorney fee dispute (Stock v. Hafif, Case No. KC034700, California Superior Court, Los Angeles County, CA (2008)) Submitted an expert witness declaration concerning fee application in consumer class action (Nicholas v. Progressive Direct, Civil Action No. 06-141-DLB, U.S. Dist. Ct., E.D. Ky. (2008)) Submitted expert witness declaration concerning procedural aspects of national class action arbitration (Johnson v. Gruma Corp., JAMS Arbitration No. 1220026252 (2007)) Submitted expert witness declaration concerning fee application in securities case (Drulias v. ADE Corp., Civil Action No. 06-11033 PBS, U.S. Dist. Court, D. Mass. (2007))

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Submitted expert witness declaration concerning use of expert witness on complex litigation matters in criminal trial (U.S. v. Gallion, et al., No. 07-39 (WOB) U.S. Dist. Court, E. D. Kentucky (2007)) Retained as expert witness on fees matters (Heger v. Attorneys' Title Guaranty Fund, Inc., No. 03-L398, Illinois Circuit Court, Lake County, IL (2007)) Retained as expert witness on certification in statewide insurance class action (Wagner v. Travelers Property Casualty of America, No. 06CV338, Colorado District Court, Boulder County, CO (2007)) Retained to provide expert opinion on issues of professional ethics in complex litigation matter (In re Professional Responsibility Inquiries (2007)) Testified as expert witness concerning fee application in common fund shareholder derivative case (In Re Tenet Health Care Corporate Derivative Litigation, Case No. 01098905, California Superior Court, Santa Barbara Cty, CA (2006)) Submitted expert witness declaration concerning fee application in common fund shareholder derivative case (In Re Tenet Health Care Corp. Corporate Derivative Litigation, Case No. CV-03-11 RSWL, U.S. Dist. Court, C.D. California (2006)) Retained as expert witness as to certification of class action (Canova v. Imperial Irrigation District, Case No. L-01273, California Superior Court, Imperial Cty, CA (2005)) Retained as expert witness as to certification of nationwide class action (Enriquez v. Edward D. Jones & Co., Missouri Circuit Court, St. Louis, MO (2005)) Submitted expert witness declaration concerning reasonableness of class certification, settlement, and fees (Baird v. Thomson Elec. Co., Case No. 00-L-000761, Cir. Ct., Mad. Cty, IL (2000)) Submitted expert witness declaration on procedural aspects of international contract litigation filed in court in Korea (Estate of Wakefield v. Bishop Han & Jooan Methodist Church (2002)) Submitted expert witness declaration as to contested factual matters in case involving access to a public forum (Cimarron Alliance Foundation v. The City of Oklahoma City, Case No. Civ. 20011827-C, U.S. Dist. Ct., W. Dist. Oklahoma (2002)) Expert Consultant

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Consultant on class action certification and related issues in mutli-state MDL consumer class action (In re Teflon Prod. Liability Litig., MDL No. 1733, U.S. Dist. Court, S.D. Iowa. (2008)) Consultant/co-counsel on certification of class action in nationwide anti-trust class action (Brantley v. NBC Universal, No.- CV07-06101 CAS (VBKx), U.S. Dist. Court, C.D. California (2008)) Consultant on class action issues in complex multi-jurisdictional construction dispute (Antenucci, et al., v. Washington Assoc. Residential Partner, LLP, et al., Civil No. 08-04194, U.S. Dist. Court, E.D. Pennsylvania (2008))

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Consultant on complex litigation issues in multi-jurisdictional class action litigation (McGreevey v. Montana Power Company, No. 08-35137, U.S. Court of Appeals for the Ninth Circuit) Consultant on class action and attorney fee issues in nationwide consumer class action (Figueroa v. Sharper Image, Case No. CV-05-21251, U.S. Dist. Court, S.D. Fla. (2007)) Consultant on attorney's fees issue in complex class action case (Natural Gas Anti-Trust Cases Coordinated Proceedings, D049206, California Court of Appeals, Fourth District (2007)) Consultant on remedies and procedural matters in complex class action (Sunscreen Cases, JCCP No. 4352, California Superior Court, Los Angeles County (2006)) Consultant on complex preclusion questions in petition for review to California Supreme Court (Mooney v. Caspari, Supreme Court of California (2006)) Consultant on attorney fee issues in complex common fund case (In Re Diet Drugs (Phen/Fen) Products Liability Litigation, U.S. Dist. Court, E. D. Pa. (2006)) Consultant on procedural matters in series of complex construction lien cases (In re Venetian Lien Litigation, Supreme Court of the State of Nevada (2005-2006)) Consultant on class certification issues in countywide class action (Beauchamp v. Los Angeles Cty. Metropolitan Transp. Authority, Case No. CV-98-00402-CBM, U.S. Dist. Ct., Central Dist. Cal.) Consultant on class certification issues in state-wide class action (Williams v. State of California, Case No. 312-236, Cal. Superior Court, San Francisco) Consultant on procedural aspects of complex welfare litigation (Allen v. Anderson, U.S. Dist. Ct., Central Dist. Cal., appeal dism. as moot, 199 F.3d 1331 (9th Cir. 1999)) Publications on Class Actions & Procedure

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NEWBERG ON CLASS ACTIONS (William B. Rubenstein, Alba Conte, Herbert B. Newberg) (sole author of supplements to 4th edition since 2008 and of 5th ed (forthcoming, 2010-2015)) The Puzzling Persistence of the "Mega-Fund" Concept, 4 CLASS ACTION ATTORNEY FEE DIGEST 39 (February 2010) 2009: Class Action Fee Awards Go Out With A Bang, Not A Whimper, 3 CLASS ACTION ATTORNEY FEE DIGEST 483 (December 2009) Privatizing Government Litigation: Do Campaign Contributors Have An Inside Track?, 3 CLASS ACTION ATTORNEY FEE DIGEST 407 (October 2009) Supreme Court Preview, 3 CLASS ACTION ATTORNEY FEE DIGEST 307 (August 2009) Supreme Court Roundup, 3 CLASS ACTION ATTORNEY FEE DIGEST 259 (July 2009)

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What We Now Know About How Lead Plaintiffs Select Lead Counsel (And Hence Who Gets Attorneys Fees!) in Securities Cases, 3 CLASS ACTION ATTORNEY FEE DIGEST 219 (June 2009) Beware Of Ex Ante Incentive Award Agreements, 3 CLASS ACTION ATTORNEY FEE DIGEST 175 (May 2009) On What a "Common Benefit Fee" Is, Is Not, and Should Be, 3 CLASS ACTION ATTORNEY FEE DIGEST 87 (March 2009) 2009: Emerging Issues in Class Action Fee Awards, 3 CLASS ACTION ATTORNEY FEE DIGEST 3 (January 2009) 2008: The Year in Class Action Fee Awards, 2 CLASS ACTION ATTORNEY FEE DIGEST 465 (December 2008) The Largest Fee Award ­ Ever!, 2 CLASS ACTION ATTORNEY FEE DIGEST 337 (September 2008) Why Are Fee Reductions Always 50%?: On The Imprecision of Sanctions for Imprecise Fee Submissions, 2 CLASS ACTION ATTORNEY FEE DIGEST 295 (August 2008) Supreme Court Round-Up, 2 CLASS ACTION ATTORNEY FEE DIGEST 257 (July 2008) Fee-Shifting For Wrongful Removals: A Developing Trend?, 2 CLASS ACTION ATTORNEY FEE DIGEST 177 (May 2008) You Cut, I Choose: (Two Recent Decisions About) Allocating Fees Among Class Counsel, 2 CLASS ACTION ATTORNEY FEE DIGEST 137 (April 2008) Why The Percentage Method?, 2 CLASS ACTION ATTORNEY FEE DIGEST 93 (March 2008) Reasonable Rates: Time To Reload The (Laffey) Matrix, 2 CLASS ACTION ATTORNEY FEE DIGEST 47 (February 2008) The "Lodestar Percentage:" A New Concept For Fee Decisions?, 2 CLASS ACTION ATTORNEY FEE DIGEST 3 (January 2008) Class Action Practice Today: An Overview, in ABA SECTION OF LITIGATION, CLASS ACTIONS TODAY 4 (2008) How Transparent Are Class Action Outcomes?: Empirical Research on the Availability of Class Action Claims Data, in CAN INCREASED TRANSPARENCY IMPROVE THE CIVIL JUSTICE SYSTEM? (tentative title, joint publication of RAND Corporation and UCLA School of Law) (2008) (with Nicholas M. Pace) The Public Role in Private Law Enforcement: Visions from CAFA (forthcoming 2008) Finality in Class Action Litigation: Lessons From Habeas, 82 N.Y.U. L. REV. 791 (2007)

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The American Law Institute's New Approach to Class Action Objectors' Attorneys Fees, 1 CLASS ACTION ATTORNEY FEE DIGEST 347 (November 2007) The American Law Institute's New Approach to Class Action Attorneys Fees, 1 CLASS ACTION ATTORNEY FEE DIGEST 307 (October 2007) "The Lawyers Got More Than The Class Did!": Is It Necessarily Problematic When Attorneys Fees Exceed Class Compensation?, 1 CLASS ACTION ATTORNEY FEE DIGEST 233 (August 2007) Supreme Court Round-Up, 1 CLASS ACTION ATTORNEY FEE DIGEST 201 (July 2007) On The Difference Between Winning and Getting Fees, 1 CLASS ACTION ATTORNEY FEE DIGEST 163 (June 2007) Divvying Up The Pot: Who Divides Aggregate Fee Awards, How, and How Publicly?, 1 CLASS ACTION ATTORNEY FEE DIGEST 127 (May 2007) On Plaintiff Incentive Payments, 1 CLASS ACTION ATTORNEY FEE DIGEST 95 (April 2007) Percentage of What?, 1 CLASS ACTION ATTORNEY FEE DIGEST 63 (March 2007) Lodestar v. Percentage: The Partial Success Wrinkle, 1 CLASS ACTION ATTORNEY FEE DIGEST 31 (February 2007)(with Hirsh) The Fairness Hearing: Adversarial and Regulatory Approaches, 53 U.C.L.A. L. REV. 1435 (2006) (excerpted in THE LAW OF CLASS ACTIONS AND OTHER AGGREGATE LITIGATION 447-449 (Richard A. Nagareda ed., 2009)) Why Enable Litigation? A Positive Externalities Theory of the Small Claims Class Action, 74 U.M.K.C. L. REV. 709 (2006) On What a "Private Attorney General" Is ­ And Why It Matters, 57 VAND. L. REV. 2129(2004) (excerpted in COMPLEX LITIGATION 63-72 (Kevin R. Johnson, Catherine A. Rogers & John Valery White eds., 2009)). The Concept of Equality in Civil Procedure, 23 CARDOZO L. REV. 1865 (2002) (selected for the Stanford/Yale Junior Faculty Forum, June 2001) A Transactional Model of Adjudication, 89 GEORGETOWN L.J. 371 (2000) The Myth of Superiority, 16 CONSTITUTIONAL COMMENTARY 599 (1999) Divided We Litigate: Addressing Disputes Among Clients and Lawyers in Civil Rights Campaigns, 106 YALE L. J. 1623 (1997) (excerpted in COMPLEX LITIGATION 120-123 (1998))

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Presentations " " " " " " " " " " " " " " " " A General Theory of the Class Suit, University of Houston Law Center Colloquium, Houston, Texas, February 3, 2010 Unpacking The "Rigorous Analysis" Standard, ALI-ABA 12th Annual National Institute on Class Actions, New York, New York, November 7, 2008 The Public Role in Private Law Enforcement: Visions from CAFA, University of California (Boalt Hall) School of Law Civil Justice Workshop, Berkeley, California, February 28, 2008 The Public Role in Private Law Enforcement: Visions from CAFA, University of Pennsylvania Law Review Symposium, Philadelphia, Pennsylvania, Dec. 1, 2007 Current CAFA Consequences: Has Class Action Practice Changed?, ALI-ABA 11th Annual National Institute on Class Actions, Chicago, Illinois, October 17, 2007 Using Law Professors as Expert Witnesses in Class Action Lawsuits, ALI-ABA 10th Annual National Institute on Class Actions, San Diego, California, October 6, 2006 Three Models for Transnational Class Actions, Globalization of Class Action Panel, International Law Association 2006 Conference, Toronto, Canada, June 6, 2006 Why Create Litigation?: A Positive Externalities Theory of the Small Claims Class Action, UMKC Law Review Symposium, Kansas City, Missouri, April 7, 2006 Marks, Bonds, and Labels: Three New Proposals for Private Oversight of Class Action Settlements, UCLA Law Review Symposium, Los Angeles, California, January 26, 2006 Class Action Fairness Act, Arnold & Porter, Los Angeles, California, December 6, 2005 ALI-ABA 9th Annual National Institute on Class Actions, Chicago, Illinois, September 23, 2005 Class Action Fairness Act, UCLA Alumni Assoc., Los Angeles, California, September 9, 2005 Class Action Fairness Act, Thelen Reid & Priest, Los Angeles, California, May 12, 2005 Class Action Fairness Act, Sidley Austin, Los Angeles, California, May 10, 2005 Class Action Fairness Act, Munger, Tolles & Olson, Los Angeles, California, April 28, 2005 Class Action Fairness Act, Akin Gump Strauss Hauer Feld, Century City, CA, April 20, 2005

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SELECTED OTHER LITIGATION EXPERIENCE United States Supreme Court " " " Co-counsel in constitutional challenge to display of Christian cross on federal land in California's Mojave preserve (Salazar v. Buono, __ U.S. __ (2010)) Co-authored amicus brief filed on behalf of constitutional law professors arguing against constitutionality of Texas criminal law (Lawrence v. Texas, 539 U.S. 558 (2003)) Co-authored amicus brief on scope of Miranda (Illinois v. Perkins, 496 U.S. 292 (1990)) Disability " Co-counsel in successful ADA challenge ($500,000 jury verdict) to the denial of health care in emergency room (Howe v. Hull, 874 F. Supp. 779, 873 F. Supp 72 (N.D. Ohio 1994)) Employment " Co-counsel in challenges to scope of family benefit programs (Ross v. Denver Dept. of Health, 883 P.2d 516 (Colo. App. 1994)); (Phillips v. Wisc. Personnel Com'n, 482 N.W.2d 121 (Wisc. 1992)) Equal Protection " " " Co-counsel in (state court phases of) successful challenge to constitutionality of a Colorado ballot initiative, Amendment 2 (Evans v. Romer, 882 P.2d 1335 (Colo. 1994)) Co-counsel (and amici) in challenges to rules barring military service by gay people (Able v. United States, 44 F.3d 128 (2d Cir. 1995); Steffan v. Perry, 41 F.3d 677 (D.C. Cir. 1994) (en banc)) Co-counsel in challenge to the constitutionality of the Attorney General of Georgia's firing of staff attorney (Shahar v. Bowers, 120 F.3d 211 (11th Cir. 1997)) Fair Housing " Co-counsel in successful Fair Housing Act case on behalf of group home (Hogar Agua y Vida En el Desierto v. Suarez-Medina, 36 F.3d 177 (1st Cir. 1994)) Family Law " " Co-counsel in challenge to constitutionality of Florida law limiting adoption (Cox v. Florida Dept. of Health and Rehab. Srvcs., 656 So.2d 902 (Fla. 1995)) Co-authored amicus brief in successful challenge to Hawaii ban on same-sex marriages (Baehr v. Lewin, 852 P.2d 44 (Haw. 1993))

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First Amendment " " Co-counsel in successful challenge to constitutionality of Alabama law barring state funding for university student groups (GLBA v. Sessions, 930 F.Supp. 1492 (M.D. Ala. 1996)) Co-counsel in successful challenge to content restrictions on grants for AIDS education materials (Gay Men's Health Crisis v. Sullivan, 792 F.Supp. 278 (S.D.N.Y. 1992)) Landlord / Tenant " Lead counsel in successful challenge to rent control regulation (Braschi v. Stahl Associates Co., 544 N.E.2d 49 (N.Y. 1989)) Police " Co-counsel in case challenging DEA brutality (Anderson v. Branen, 27 F.3d 29 (2nd Cir. 1994)) Racial Equality " Co-authored amicus brief for constitutional law professors challenging constitutionality of Proposition 209 (Coalition for Economic Equity v. Wilson, 110 F.3d 1431 (9th Cir. 1997)) SELECTED OTHER PUBLICATIONS Editorials " " " " " " Follow the Leaders, NEW YORK TIMES, March 15, 2005 Play It Straight, NEW YORK TIMES, October 16, 2004 Hiding Behind The Constitution, NEW YORK TIMES, March 20, 2004 Toward More Perfect Unions, NEW YORK TIMES, November 20, 2003 (with Brad Sears) Don't Ask, Don't Tell. Don't Believe It, NEW YORK TIMES, July 20, 1993 AIDS: Illness and Injustice, WASH. POST, July 26, 1992 (with Nan D. Hunter) BAR ADMISSIONS " " " " " " " " " " " Massachusetts (2008) California (2004) District of Columbia (1987) (inactive) Pennsylvania (1986) (inactive) U.S. Supreme Court (1993) U.S. Court of Appeals for the D.C. Circuit (1993) U.S. Court of Appeals for the Fifth Circuit (1989) U.S. Court of Appeals for the Ninth Circuit (2004) U.S. Court of Appeals for the Eleventh Circuit (1993) U.S. District Court for the Central District of California (2004) U.S. District Court for the District of the District of Columbia (1989)