E.K.D. et al v. Facebook, Inc.

Filing 60

AFFIDAVIT re 57 MOTION to Transfer Case (Declaration of Matthew D. Brown in Support of Motion to Transfer) by Facebook, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Brown, Matthew)

EXHIBIT B

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
E.K.D., by her next friend Melissa K.
Dawes, and C.M.D., by his next friend
Jennifer E. DeYong, individually and on
behalf of all others similarly situated,
Plaintiffs,
vs.
FACEBOOK, INC.,
Defendant.

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Cause No: 3:11-cv-00461-GPM-SCW

CLASS ACTION

PLAINTIFFS’ INITIAL DISCLOSURES
Plaintiffs disclose the following information pursuant to Rule 26(a)(1)(A):
I.
FEDERAL RULE OF CIVIL PROCEDURE 26(a)(1)(A)(i)
the name and, if known, the address and telephone number of each individual likely to
have discoverable information - along with the subjects of that information - that the
[Plaintiffs] may use to support [their] claims or defenses, unless solely for impeachment;
1. Corporate Representatives of Facebook Inc.
a. Document retention and collection efforts;
b. Information concerning its management and decision-making
structure;
c. Information concerning its efforts to ensure users are using their true
identities on facebook.com;
d. The name and contact information for users who facebook’s records
show were minors when their names or photos were used in
connection with advertisements; the dates those identities were used in
connection with advertisements, the number of advertisements in
which the user’s identity appeared; the advertiser’s identity, the
subject-matter of the advertisement; the number of unique impressions

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for each advertisement; and the gross, or total, revenue that facebook
received from such use;
e. Information concerning the its efforts (or lack thereof) to obtain legal
consent from minors whose name or photo were used in
advertisements;
f. The procedure an advertiser undertakes in order to place an
advertisement on facebook that will include the name or profile picture
of a minor user;
g. Information concerning the cost to advertisers and value to facebook
of advertisements featuring the name, profile picture, or identity of
users;
h. User feedback concerning facebook advertisements featuring the
name, profile picture, or identity of users;
2. The named plaintiffs’ personal representatives
The named plaintiffs’ personal representatives have knowledge regarding
the lack of legal consent to the use of their children’s names and
likenesses in advertising; the age of their children; and their ability to
fairly and adequately serve as class representatives.
3. Plaintiffs’ counsel
Plaintiffs’ counsel have knowledge regarding their ability to fairly and
adequately serve as class counsel; they have knowledge regarding their
experience in class actions and other complex litigation; they also have
information regarding reasonable attorneys’ fees in this case and costs.
II.
FEDERAL RULE OF CIVIL PROCEDURE 26(a)(1)(A)(ii)
a copy of – or a description by category and location – of all documents,
electronically stored information, and tangible things that [Plaintiffs] ha[ve] in
[their] possession, custody, or control and may use to support [their] claims or
defenses, unless the use would be solely for impeachment;
1. None.
III.
FEDERAL RULE OF CIVIL PROCEDURE 26(a)(1)(A)(iii).
a computation of any category of damages claimed by [Plaintiffs] ...;
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1. Damages in this matter may be calculated as:
a. # of unique impressions of infringing advertisements × $ of statutory penalty +
punitive damages + attorneys’ fees + interest + costs = damages;
b. $ profit derived from infringing advertisements + punitive damages + attorneys’
fees + interest + costs = damages
c. $ actual damages from infringing advertisements + punitive damages + attorneys’
fees + interest + costs = damages
IV.
FEDERAL RULE OF CIVIL PROCEDURE 26(a)(1)(A)(iv)
for inspection and copying as under Rule 34, any insurance agreement under
which an insurance business may be liable to satisfy all or part of a judgment
which may be entered in the action or to indemnify or reimburse for payments
made to satisfy the judgment.
1. None.
KOREIN TILLERY
/s Aaron M. Zigler
Steven A. Katz
Aaron M. Zigler
One U.S. Bank Plaza
505 N. 7th Street, Suite 3600
St. Louis, Missouri 63101-1625
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

E.K.D., by her next friend Melissa K.
Dawes, and C.M.D., by his next friend
Jennifer E. DeYong, individually and on
behalf of all others similarly situated,
Plaintiffs,
vs.
FACEBOOK, INC.,
Defendant.

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Cause No: 3:11-cv-00461-GPM-SCW

CLASS ACTION

CERTIFICATE OF SERVICE

I hereby certify that on October 3, 2011, I electronically served the foregoing document
on:
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Matthew D. Brown
Jeffrey M. Gutkin
Michael C. Hermann
Michael G. Rhodes
Charles J. Swartwout
Steven A. Katz

KOREIN TILLERY
/s Aaron M. Zigler
One U.S. Bank Plaza
505 N. 7th Street, Suite 3600
St. Louis, Missouri 63101-1625
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]

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