Robertson v. Facebook, Inc.

Filing 13

NOTICE by Facebook, Inc. Defendant Facebook, Inc.'s Notice of Pendency of Other Actions or Proceedings (L.R. 3-13) (Brown, Matthew) (Filed on 8/10/2010)

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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]) 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.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

DAVID GOULD, an individual, on behalf of himself and all others similarly situated, v. Plaintiff,

Case No. 10-cv-02389-JW (PVT) DEFENDANT FACEBOOK, INC.'S NOTICE OF PENDENCY OF OTHER ACTIONS OR PROCEEDINGS (L.R. 3-13) Courtroom: 8 Judge: James Ware Trial Date: None Set Case No. 10-cv-02408-JW (PVT)

FACEBOOK, INC., a Delaware corporation, Defendant. MIKE ROBERTSON, individually and on behalf of all others similarly situated, v. Plaintiff,

FACEBOOK, INC., a Delaware corporation, and DOES 1-50, inclusive, Defendant. Pursuant to Civil Local Rule 3-13, Defendant Facebook, Inc. ("Facebook"), by and through its undersigned counsel of record, hereby notifies the Court and all opposing parties that the actions entitled Gould v. Facebook Inc., Case No. 10-cv-02389-JW (PVT) ("Gould"), and Robertson v. Facebook, Case No. 10-cv-02408-JW (PVT) ("Robertson"), involve all or a material part of the same subject matter and the same defendant as actions pending in another federal district court. 1.
NOT. OF PENDENCY OF OTHER ACTIONS 10-CV-02389-JW; 10-CV-02408-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

Marfeo v. Facebook, Inc. An action titled Wendy Marfeo v. Facebook, Inc., Case No. 10-cv-00262-S-LDA (filed June 17, 2010), ("Marfeo") is pending in the United States District Court for the District of Rhode Island, before the Honorable William E. Smith. A true and correct copy of the complaint in Marfeo is attached hereto as Exhibit A. Like Gould and Robertson, Marfeo is a putative class action against Facebook alleging transmission of Facebook's users' personal information through "referrer IDs" or "referrer headers." (Ex. A ¶¶ 1-16.) Plaintiff in Marfeo brings claims for (a) violation of the Stored Communications Act, 18 U.S.C. § 2701 et seq., (b) breach of contract, (c) breach of the implied covenant of good faith and fair dealing, and (d) unjust enrichment. Each of these four claims is also alleged in the Gould and/or Robertson complaints. Like Plaintiffs in Gould and Robertson, Plaintiff in Marfeo seeks to represent a nationwide class of Facebook users. (Id. ¶ 21.) The putative class is defined as: "All Facebook users, who reside in the United States, whose user ID was embedded in the URL Referrer Header, and who clicked on a third-party advertisement displayed on Facebook's social networking website, anytime on or before May 21, 2010." (Id.) Facebook has not been served in Marfeo. Rose v. Facebook, Inc. An action titled Rose v. Facebook, Inc., Case No. 10-cv-00232-S-DLM (filed May 21, 2010), ("Rose") is currently pending in the United States District Court for the District of Rhode Island, before the Honorable William E. Smith. A true and correct copy of the complaint in Rose is attached hereto as Exhibit B. The complaint in Rose was filed by the same counsel who filed the complaint in Marfeo, discussed above. Plaintiff in Rose alleges that Facebook shares users' personal information with certain websites through a feature called "Instant Personalization." Plaintiff alleges that Facebook's default settings for the Instant Personalization feature resulted in violations of users' expectations of privacy. (Id. ¶¶ 1-5.) Plaintiff's claims are for (a) violation of the Stored Communications Act, 18 U.S.C. § 2701 et seq. and (b) breach of the implied covenant of good faith and fair dealing. Plaintiff brings a putative class action, with the putative class defined as: "All persons 2.
NOT. OF PENDENCY OF OTHER ACTIONS 10-CV-02389-JW; 10-CV-02408-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

who reside in the United States and who were Facebook account users prior to April 18, 2010 and to whose accounts Facebook added its Instant Personalization social networking tool." (Id. ¶ 10.) Facebook has not been served in Rose.

Dated: August 10, 2010

COOLEY LLP

/s/ Matthew D. Brown (196972) Attorneys for Defendant FACEBOOK, INC.
1188245 v1/SF

3.

NOT. OF PENDENCY OF OTHER ACTIONS 10-CV-02389-JW; 10-CV-02408-JW