Ung et al v. Facebook, Inc.

Filing 40

Declaration of Matthew D. Brown in Support of 38 Brief, Facebook, Inc.'s Supplemental Brief Regarding Jurisdiction under the Class Action Fairness Act (28 U.S.C. Section 1332(d)) filed byFacebook, Inc.. (Related document(s) 38 ) (Brown, Matthew) (Filed on 12/7/2011)

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COOLEY LLP
MICHAEL G. RHODES (116127)
([e-mail])
MATTHEW D. BROWN (196972)
([e-mail])
BENJAMIN H. KLEINE (257225)
([e-mail])
JAMES B. MCARTHUR (265806)
([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant FACEBOOK, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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RYAN UNG, CHI CHENG and ALICE
ROSEN, on Behalf of Themselves and All
Others Similarly Situated,
Plaintiffs,

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v.

Case No. 11-CV-02829-JSW-PSG
DECLARATION OF MATTHEW D. BROWN
IN SUPPORT OF FACEBOOK, INC.’S
SUPPLEMENTAL BRIEF REGARDING
JURISDICTION UNDER THE CLASS
ACTION FAIRNESS ACT (28 U.S.C.
§ 1332(d))

FACEBOOK, INC.,
Defendant.

Judge:
Hon. Jeffrey S. White
Courtroom: 11
Trial Date: Not yet set

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COOLEY LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

BROWN DECL. I/S/O SUPPLEMENTAL
BRIEF RE CAFA JURISDICTION
CASE NO. 11-CV-02829-JSW-PSG

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I, Matthew D. Brown, declare as follows:
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I am an attorney admitted to practice law in the courts of the State of California

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and a partner at Cooley LLP (“Cooley”), counsel for Defendant Facebook, Inc. (“Facebook”).

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Except as noted otherwise, I have personal knowledge of the facts herein, and if called to testify,

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could and would testify competently hereto.

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2.

On December 5, 2011, I contacted Peter Seidman of Milberg LLP, counsel for

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Plaintiffs, by telephone and asked for Plaintiffs’ position on the amount in controversy in this

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action and, related, whether this case should be in federal or state court. I also specifically asked

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whether Plaintiffs believed that the amount in controversy was less than $5,000,000, exactly

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$5,000,000, or greater than $5,000,000. During our conversation, Mr. Seidman told me that

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Plaintiffs do not currently have a position on the foregoing issues, and that Plaintiffs would

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formulate their position after Facebook’s supplemental brief has been filed on December 7.

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I declare under penalty of perjury that the forgoing is true and correct.

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Executed on December 7, 2011 at San Francisco, California.

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/s/ Matthew D. Brown
Matthew D. Brown

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COOLEY LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

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BROWN DECL. I/S/O SUPPLEMENTAL
BRIEF RE CAFA JURISDICTION
CASE NO. 11-CV-02829-JSW-PSG