"In Re: Facebook Privacy Litigation"

Filing 19

STIPULATION and [Proposed] Order Consolidating Cases for All Purposes, Allowing for the Filing of a Consolidated Complaint, Setting a Case Management Conference for October 25, 2010, and Appointing Lead Counsel by Facebook, Inc.. (Brown, Matthew) (Filed on 8/10/2010)

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]) BENJAMIN H. KLEINE (257225) ([e-mail]) 101 California Street, 5th Floor San Francisco, CA 94111-5800 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant FACEBOOK, INC. EDELSON MCGUIRE LLP SEAN REIS (184044) ([e-mail]) 30021 Tomas Street, Suite 300 Rancho Santa Margarita, CA 92688 Telephone: [phone] Facsimile: [phone] MICHAEL J. ASCHENBRENER ([e-mail]) BENJAMIN H. RICHMAN ([e-mail]) 350 North LaSalle Street, Suite 1300 Chicago, Illinois 60654 Telephone: [phone] Facsimile: [phone]

Attorneys for Plaintiff DAVID GOULD NASSIRI & JUNG LLP KASSRA P. NASSIRI (215405) ([e-mail]) CHARLES H. JUNG (217909) ([e-mail]) 47 Kearny Street, Suite 700 San Francisco, California 94108 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff MIKE ROBERTSON UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION DAVID GOULD, individually and on behalf of all others similarly situated, v. Plaintiff, Case No. 10-cv-02389-JW (PVT) STIPULATION AND [PROPOSED] ORDER CONSOLIDATING CASES FOR ALL PURPOSES, ALLOWING FOR THE FILING OF A CONSOLIDATED COMPLAINT, SETTING A CASE MANAGEMENT CONFERENCE FOR OCTOBER 25, 2010, AND APPOINTING LEAD COUNSEL

FACEBOOK, INC., a Delaware corporation, Defendant.

STIPULATION AND [PROPOSED] ORDER 10-CV-02389-JW; 10-CV-02408-JW

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

MIKE ROBERTSON, individually and on behalf of all others similarly situated, v. Plaintiff,

Case No. 10-cv-02408-JW (PVT)

FACEBOOK, INC., a Delaware corporation, and DOES 1-50, inclusive, Defendant.

STIPULATION AND [PROPOSED] ORDER 10-CV-02389-JW; 10-CV-02408-JW

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

This Stipulation is entered into by and among plaintiffs David Gould and Mike Robertson (collectively, "Plaintiffs") and defendant Facebook, Inc. ("Defendant") by and through their respective counsel. WHEREAS the complaint in Gould v. Facebook, Inc., Case No. 10-cv-02389-JW ("Gould") was filed on May 28, 2010; WHEREAS the complaint in Robertson v. Facebook, Inc., Case No. 10-cv-02408-JW ("Robertson") was filed on June 1, 2010; WHEREAS the Court ordered the cases related under Civil Local Rule 3-12 on July 26, 2010 (Gould Docket No. 17; Robertson Docket No. 7);1 WHEREAS the Court set a Case Management Conference for the related actions for September 13, 2010 (Gould Docket No. 17; Robertson Docket No. 7); WHEREAS, counsel for the Parties have conferred, and the Parties are in agreement that the Gould action should be consolidated with the Robertson action for all purposes because the cases involve similar complaints and common questions of law and fact and because consolidation would advance the interests of judicial and party economy; WHEREAS, the Parties are in agreement that a Consolidated Complaint should be filed; WHEREAS, the Parties had previously stipulated pursuant to Civil L.R. 6-1(a) to extend the deadlines for Defendant's response to the Complaint in Gould and the Complaint in Robertson to August 13, 2010, but now have agreed on a schedule for the filing of a Consolidated Complaint and response thereto; WHEREAS, Plaintiffs, through their counsel of record, have agreed to a leadership structure appointing Michael Aschenbrener of Edelson McGuire LLC and Kassra Nassiri of Nassiri & Jung LLP as Co-Lead Counsel;

Another case concerning the same underlying subject matter was filed in the District of Rhode Island, Marfeo v. Facebook, Inc., Case No. 10-cv-2062-S-LDA, June 17, 2010. Counsel for Gould has attempted to contact counsel for Marfeo multiple times by telephone and email, but the Marfeo counsel has not returned any messages. Additionally, Marfeo has not served Facebook in the Marfeo action. 1
STIPULATION AND [PROPOSED] ORDER 10-CV-02389-JW; 10-CV-02408-JW

1

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, good cause exists to appoint Co-Lead Counsel and such structure would promote the efficient drafting and filing of a Consolidated Complaint, as well as the ability of the Parties to efficiently dispense with a multitude of case management issues for the proposed consolidated action; AND, WHEREAS, Defendant does not oppose Plaintiffs' proposed leadership structure; IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiffs and Defendant, as follows: 1. Pursuant to Federal Rule of Civil Procedure 42(a), the following actions are hereby

consolidated for all purposes into one action: a. Gould v. Facebook, Inc., Case No. 10-cv-02389-JW; and b. Robertson v. Facebook, Inc., Case No. 10-cv-02408-JW. 2. These actions shall be referred to herein as the "Consolidated Actions." The

Master Docket and Master File for the Consolidated Actions shall be that for Gould v. Facebook, Inc., Case No. 10-cv-02389-JW. 3. Every pleading in the Consolidated Actions shall bear the following caption:

DAVID GOULD, individually and on behalf ) Case No. 10-cv-02389-JW ) of all others similarly situated, ) ) Plaintiff, ) ) v. ) FACEBOOK, INC., a Delaware corporation, ) ) and DOES 1-50, inclusive, ) ) Defendants. All orders, pleadings, motions and other documents shall, when filed and docketed in the Master File, be deemed filed and docketed in each individual case to the extent applicable. 4. All subsequently filed class or individual actions against the Defendant alleging

the same or similar claims as alleged in the complaints in Consolidated Actions shall be consolidated under the case Gould v. Facebook, Inc., Case No. 10-cv-02389-JW.

2

STIPULATION AND [PROPOSED] ORDER 10-CV-02389-JW; 10-CV-02408-JW

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

5.

The Plaintiffs shall file a Consolidated Complaint on or before August 27, 2010.

Defendant shall file a response (answer, motion to dismiss, or other response) to the Consolidated Complaint on or before September 27, 2010. In light of the consolidation and filing of a Consolidated Complaint, Defendant has no obligation to respond to the Complaint in Gould or the Complaint in Robertson that are currently on file.2 6. The parties shall appear for a Case Management Conference in the Consolidated

Actions on Monday, October 25, 2010 at 10:00 a.m. On or before October 15, 2010, the parties shall file a Joint Case Management Statement pursuant to Fed. R. Civ. P. 26 and Civil L.R. 16-9. The Case Management Conference currently scheduled for September 13, 2010 and the corresponding deadline of September 3, 2010 for the parties to file their Joint Case Management Statement (see Gould Docket No. 17; Robertson Docket No. 7) are hereby vacated. 7. The Court's previous Orders Setting Initial Case Management Conference and

ADR Deadlines in each case (see Gould Docket No. 3; Robertson Docket No. 4) are otherwise modified as follows: a. October 4, 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). b. October 15, 2010 will be the last day to: i. file ADR certification signed by Parties and Counsel (Civil L.R. 168(b) & ADR L.R. 3-5(b)); ii. 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)); and iii. file the Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement

Under Civil L.R. 6-1(a), this constitutes the stipulation of the Parties concerning the deadline (previously extended by stipulation to August 13, 2010) for Defendant's responses to the separate Complaints that are currently on file. 3
STIPULATION AND [PROPOSED] ORDER 10-CV-02389-JW; 10-CV-02408-JW

2

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 9. 8.

per the Court's Standing Order re Contents of Joint Case Management Statement (Fed. R. Civ. Pro. 26(a)(1) & Civil L.R. 169). Defendant does not oppose the appointment of the following counsel as Plaintiffs'

Co-Lead Counsel, pursuant to Fed. R. Civ. P. 23(g)(3): a. Michael Aschenbrener of Edelson McGuire LLC; and b. Kassra Nassiri of Nassiri & Jung LLP. Co-Lead Counsel shall have day-to-day responsibility for the conduct of the

Consolidated Actions; shall determine how to prosecute the action and shall initiate, coordinate and supervise the efforts of plaintiffs' counsel in the Consolidated Actions in the areas of discovery, briefing, trial and settlement. 10. Co-Lead Counsel shall coordinate, initiate, and conduct discovery on behalf of

Plaintiffs consistent with the requirements of Fed. R. Civ. P. 26, including preparing joint interrogatories and requests for production of documents and the examination of witnesses in depositions; fund the necessary and appropriate costs of discovery and other common benefit efforts; consult with and employ consultants or experts, as necessary; coordinate settlement discussions or other ADR efforts on behalf of Plaintiffs, under the supervision of the Court, if and as appropriate; and enter into stipulations with opposing counsel as necessary for the conduct of the Consolidated Actions. 11. Co-Lead Counsel shall designate responsibilities for specific tasks to plaintiffs'

counsel in the Consolidated Actions in a manner to assure that pretrial preparation is conducted effectively, efficiently and economically; and shall monitor the activities of plaintiffs' counsel to assure that schedules are met and unnecessary expenditures of time and money are avoided. CoLead Counsel shall maintain the official service list of all plaintiffs' counsel in the Consolidated Actions, including their addresses. Co-Lead Counsel shall interface with the Court and shall perform any additional functions that may be assigned to them by the Court.

4

STIPULATION AND [PROPOSED] ORDER 10-CV-02389-JW; 10-CV-02408-JW

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

12.

The organizational structure of Co-Lead Counsel shall bind all plaintiffs' counsel

in the Consolidated Actions, including plaintiffs' counsel in any subsequently filed action that is found to be a related case pursuant to Civil L.R. 3-12. This stipulation is without prejudice to any other rights that any party may have. Respectfully submitted, Dated: August 10, 2010 NASSIRI & JUNG LLP

By:

/s/ Kassra P. Nassiri

Attorneys for Plaintiff Mike Robertson Dated: August 10, 2010 EDELSON MCGUIRE LLC

By:

/s/ Michael J. Aschenbrener (pro hac vice)

Attorneys for Plaintiff David Gould Dated: August 10, 2010 COOLEY LLP

By:

/s/ Matthew D. Brown

Attorneys for Defendant Facebook, Inc.

[PROPOSED] ORDER PURSUANT TO STIPULATION OF THE PARTIES, IT IS SO ORDERED.

DATED:________________, 2010

_________________________________________ HON. JAMES WARE UNITED STATES DISTRICT JUDGE

5

STIPULATION AND [PROPOSED] ORDER 10-CV-02389-JW; 10-CV-02408-JW

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
874840 v2/HN

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 CONSOLIDATING CASES FOR ALL PURPOSES, ALLOWING FOR THE FILING OF A CONSOLIDATED COMPLAINT, SETTING A CASE MANAGEMENT CONFERENCE FOR OCTOBER 25, 2010, AND APPOINTING LEAD COUNSEL.

Dated: August 10, 2010

COOLEY LLP

By:

/s/ Matthew D. Brown

6

STIPULATION AND [PROPOSED] ORDER 10-CV-02389-JW; 10-CV-02408-JW