"In Re: Facebook Privacy Litigation"

Filing 48

MOTION to Relate Case C10-5192 PVTfiled by Karen Bryant, Christopher Brock. (Attachments: # 1 Proposed Order)(Gibbs, Eric) (Filed on 11/17/2010) Modified on 11/17/2010 (cv, COURT STAFF).

Gould v. Facebook, Inc.

Doc. 48

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Eric H. Gibbs (State Bar No. 178658) [e-mail] GIRARD GIBBS LLP 601 California Street, 14th Floor San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Philip S. Friedman (State Bar No. 131521) [e-mail] FRIEDMAN LAW OFFICES, PLLC 2401 Pennsylvania Ave., N.W., Suite 410 Washington DC 20037 Telephone: [phone] Facsimile: [phone] Andrew N. Friedman (pro hac vice forthcoming) [e-mail] COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Avenue NW, Suite 500, West Tower Washington, DC 20005 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs Karen Bryant and Christopher Brock UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

In Re: Facebook Privacy Litigation

Case No. C 10-02389-JW ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED

THIS DOCUMENT ALSO RELATES TO: Karen Bryant and Christopher Brock, on behalf of themselves and all others similarly situated, Plaintiffs, v. Facebook, Inc., and Zynga Game Network, Inc., Defendants. Case No. 10-CV-05192-PVT

ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED CASE NO. C 10-02389-JW
Dockets.Justia.com

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TO ALL PARTIES AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that, pursuant to Civil Local Rule 3-12, Plaintiffs submit this administrative motion for the Court to consider whether Bryant, et al. v. Facebook, Inc., et al., No. 10CV-5192-PVT, filed in this district on November 16, 2010, should be related to In Re: Facebook Privacy Litigation, No. C 10-02389-JW, the lower-numbered action also pending in this District. The Bryant action has been assigned to Judge Patricia V. Trumbull. Under the Local Rules, actions are related when: "[t]he actions concern substantially the same parties, property, transaction or event; and [i]t appears likely that there will be an unduly burdensome duplication of labor and expense or conflicting results if the cases are conducted before different Judges." Here, both criteria are met. The Bryant and In Re: Facebook Privacy Litigation actions concern substantially the same parties, property, transaction or event. Both are proposed class actions brought on behalf of Facebook users who have clicked on third party advertisements displayed on Facebook's website. In both actions, plaintiffs allege Facebook transmitted users' unique Facebook identification numbers to third parties advertising companies in breach of Facebook's contract with its users and in violation of the Stored Communications Act, 18 U.S.C. §§ 2710, et seq.; California's Unfair Competition Law, Cal. Bus. & Prof. Code §§ 17200, et seq., and California's Computer Crime Law, Cal. Penal Code § 502. In addition, the Bryant action alleges very similar claims against Zynga; the claims are akin to those evaluated by the Court in its Order Granting Motion To Relate Cases, (Doc. #47), in which the Court held the claims against Facebook and Zynga pose overlapping factual inquiries. Given the common defendants, and like allegations, adjudication of these actions separately would create an unduly burdensome duplication of labor and expenses. Assignment of these cases to a single United States District Court Judge will conserve judicial resources and eliminate the potential for conflicting results. The actions are at a preliminary stage and, thus, assignment to a single judge would not prejudice any of the parties. Plaintiffs therefore respectfully request that this case, In Re: Facebook Privacy Litigation, No. C 10-02389-JW, and Bryant, et al. v. Facebook, Inc., et al., No. 10-CV-5192-PVT, be deemed related under Civil Local Rule 3-12(a). 1 ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED CASE NO. C 10-02389-JW

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DATED: November 17, 2010

Respectfully submitted, GIRARD GIBBS LLP By: /s/ Eric H. Gibbs

Dylan Hughes David Stein GIRARD GIBBS LLP 601 California Street, 14th Floor San Francisco, California 94108 Telephone: [phone] Facsimile: [phone] Philip S. Friedman FRIEDMAN LAW OFFICES, PLLC 2401 Pennsylvania Ave., N.W., Suite 410 Washington DC 20037 Telephone: [phone] Facsimile: [phone] Andrew N. Friedman Daniel A. Small Stephanie Ramirez COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Avenue NW Suite 500, West Tower Washington, DC 20005 Telephone: [phone] Facsimile: [phone] Attorneys for Individual and Representative Plaintiffs Karen Bryant and Christopher Brock

2 ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED CASE NO. C 10-02389-JW