"In Re: Facebook Privacy Litigation"

Filing 71

STIPULATION AND ORDER Extending Time to Respond to Complaint re 68 Stipulation. Signed by Judge James Ware on 12/10/2010. (ecg, COURT STAFF) (Filed on 12/10/2010)

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COOLEY LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

COOLEY LLP MICHAEL G. RHODES (116127) ([e-mail]) MATTHEW D. BROWN (196972) ([e-mail]) JAMES M. PENNING (229727) ([e-mail]) 101 California Street, 5th Floor San Francisco, CA 94111-5800 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant FACEBOOK, INC. NASSIRI & JUNG LLP KASSRA P. NASSIRI (215405) ([e-mail]) CHARLES H. JUNG (217909) ([e-mail]) 251 Kearny Street, Suite 501 San Francisco, CA 94108 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs

MICHAEL J. ASCHENBRENER (pro hac vice) ([e-mail]) BENJAMIN H. RICHMAN (pro hace vice) ([e-mail]) 350 North LaSalle Street, Suite 1300 Chicago, Illinois 60654 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION IN RE: FACEBOOK PRIVACY LITIGATION Case No. 10-cv-02389-JW STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT (L.R. 6-2) Courtroom: 8 Judge: James Ware Trial Date: None Set This Stipulation is entered into by and among plaintiffs David Gould and Mike Robertson (collectively, "Plaintiffs") and defendant Facebook, Inc. ("Facebook") (Plaintiffs and Facebook collectively "the Parties"), 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; 1.
STIP. & [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT, CASE NO. 10-CV-02389 JW

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WHEREAS, the complaint in Robertson v. Facebook, Inc., Case No. 10-cv-02408-JF ("Robertson") was filed on June 1, 2010; WHEREAS, this Court (Hon James Ware), by Order of July 26, 2010, related Gould and Robertson; WHEREAS, by Order of August 20, 2010, the Court consolidated Gould and Robertson and ordered the new caption to be In re Facebook Privacy Litigation, Case No. 10-cv-02389-JW (and ordered Case No. 10-cv-02408-JW to be closed);1 WHEREAS, the Plaintiffs filed their Consolidated Class Action Complaint in the abovecaptioned action on October 10, 2010; WHEREAS, on November 5, 2010, the Court entered an Order extending from November 10, 2010 to December 10, 2010 as the deadline for Facebook to answer, move to dismiss, or otherwise respond to the Consolidated Class Action Complaint in the above-captioned litigation; WHEREAS, by Orders dated November 12 and 19, 2010, this Court granted administrative motions relating several other cases against Facebook, Zynga, or both to the above-captioned action (In re Facebook Privacy Litigation); WHEREAS, in the November 12 and 19, 2010 Orders, this Court invited the parties in the related cases to fully brief, by November 22, 2010, the issue of whether the related cases should be consolidated and the issue of who should be appointed Lead Plaintiff and Lead Counsel; WHEREAS, parties in the related cases filed briefing on November 22, 2010; WHEREAS, Plaintiffs the above-captioned action filed briefing opposing consolidation and seeking renewal of their appointment as Co-Lead Counsel and Co-Lead Plaintiff on November 22, 2010; WHEREAS, this Court has not yet issued a decision on consolidation and appointment of Lead Plaintiff and Lead Counsel;

While efforts were undertaken to get the actions related and then consolidated, the Parties stipulated to extensions of Facebook's deadline to respond to the complaints. Orders granting extensions pursuant to these stipulations were entered on June 14, July 27, and August 11 in Robertson, and on June 24, July 27, and August 11 in Gould. 2.
STIP. & [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT, CASE NO. 10-CV-02389 JW

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A T T O R N E Y S A T LAW S A N FR A N C I S C O

WHEREAS, under Civil Local Rule 6-2, parties may file a stipulation requesting an order extending the time within which to answer, move to dismiss, or otherwise respond to the Complaint; and WHEREAS, extending the date for Facebook to answer, move to dismiss, or otherwise respond to the Complaint as set forth below will not alter the date of any event or deadline already fixed by Court order; NOW, THEREFORE, the Parties hereby stipulate and agree as follows: 1. Facebook's deadline to respond to the Complaint (answer, move, or otherwise

respond) is extended to and including the later of (a) December 22, 2010 or (b) 30 days after the Court decides whether an amended complaint shall be filed. 2. If the Court orders an amended complaint to be filed, Facebook is relieved of the

obligation of responding to the current Consolidated Class Action Complaint, and shall have 30 days following filing of the amended complaint to respond (answer, move, or otherwise respond), unless a different date is ordered by the Court. 3. Facebook agrees to confer with Plaintiffs on a briefing and hearing schedule

before filing any motion in response to the operative complaint.

IT IS SO STIPULATED. Dated: December 8, 2010 COOLEY LLP /s/ Matthew D. Brown Matthew D. Brown Attorneys for Defendant Facebook, Inc. Dated: December 8, 2010 EDELSON MCGUIRE LLC /s/ Michael J. Aschenbrener Michael J. Aschenbrener (pro hac vice) Attorneys for Plaintiffs

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STIP. & [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT, CASE NO. 10-CV-02389 JW

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A T T O R N E Y S A T LAW S A N FR A N C I S C O

Dated: December 8, 2010

NASSIRI & JUNG LLP /s/ Kassra P. Nassiri Kassra P. Nassiri Attorneys for Plaintiffs

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

10 Dated: December ____, 2010

THE HONORABLE JAMES WARE United States District Judge

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STIP. & [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT, CASE NO. 10-CV-02389 JW

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COOLEY LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

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 to Extend Time to Respond to Complaint (L.R. 6-1(a)).

Dated: December 8, 2010

/s/ Matthew D. Brown Matthew D. Brown

901609 v2/HN

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STIP. & [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT, CASE NO. 10-CV-02389 JW