In re LinkedIn User Privacy Litigation

Filing 40

ORDER granting 12 Motion to Consolidate Cases; Appointing Interim Lead Class Counsel. All future filings shall be in 5:12-cv-03088 EJD and shall bear the caption: In re LinkedIn User Privacy Litigation. The hearing and Case Management Conference cu rrently scheduled for 8/31/2012 are VACATED. The court will file an order addressing scheduling issues forthwith. Within 21 days of the date this order is filed, Plaintiffs shall filed a Consolidated Amended Class Action Complaint. Signed by Judge Edward J. Davila on 8/29/2012. (ejdlc1, COURT STAFF) (Filed on 8/29/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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For the Northern District of California

United States District Court

CANDYCE PARAGGUA
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SCOTT SHEPHERD
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SAM VEITH
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CASE NO. 5:12-cv-03088 EJD
CASE NO. 5:12-cv-03422 EJD
CASE NO. 5:12-cv-03430 EJD
CASE NO. 5:12-cv-03557 EJD
ORDER GRANTING MOTION TO
CONSOLIDATE; APPOINTING INTERIM
LEAD CLASS COUNSEL

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KATIE SZPYRKA,
[Docket Item No(s). 12]

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Plaintiff(s),
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v.
LINKEDIN CORPORATION,

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Defendant(s).
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Plaintiffs Katie Szpyrka, Candyce Paraggua, Scott Shepherd and Sam Veith (collectively,

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“Plaintiffs”) filed separate actions in this court on behalf of themselves and all others similarly

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situated against Defendant LinkedIn Corporation (“Defendant”) for, inter alia, violations of

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California Business and Professions Code §§ 17200 et. seq., California Business and Professions

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Code §§ 17500 et. seq., breach of contract, and negligence.1 On July 16, 2012, Plaintiffs filed a joint

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The Szpyrka action is case number 5:12-cv-03088 EJD. The Paraggua, Shepherd and Veith
actions were assigned case numbers 5:12-cv-03430 EJD, 5:12-cv-03422 EJD and 5:12-cv-03557
EJD, respectively. The court related these actions and ordered them reassigned to one district judge
on August 22, 2012. See Docket Item No. 38.
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CASE NO. 5:12-cv-03088 EJD
ORDER GRANTING MOTION TO CONSOLIDATE; APPOINTING INTERIM LEAD CLASS COUNSEL

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motion to consolidate the four actions and to appoint counsel for Szpyrka as interim lead counsel for

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the purported class, with counsel for Shepherd designated as liason class counsel. See Docket Item

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No. 12. Defendant filed a statement of non-opposition to the motion on July 30, 2012. See Docket

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Item No. 24.

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Having reviewed the material relevant to this matter, the court finds Plaintiffs’ unopposed

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motion appropriate for decision without oral argument pursuant to Civil Local Rule 7-1(b).

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Accordingly, the hearing scheduled for August 31, 2012, will be vacated and the motion will be

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granted based on the terms which follow.
I.

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CONSOLIDATION

The district court may consolidate actions involving common questions of law and fact. Fed.

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For the Northern District of California

United States District Court

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R. Civ. P. 42(a)(2). The court exercises “broad discretion to decide how cases on its docket are to be

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tried so that the business of the court may be dispatched with expedition and economy while

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providing justice to the parties.” Morin v. Turpin, 778 F. Supp. 711, 733 (S.D.N.Y 1991) (citing 6

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C. Wright & A. Miller, Federal Practice and Procedure § 1471, at 359 (1971)). In exercising this

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discretion, the court “weighs the saving of time and effort consolidation would produce against any

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inconvenience, delay, or expense that it would cause.” Huene v. United States, 743 F.2d 703, 704

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(9th Cir. 1984). Consolidation may occur upon motion by a party or sua sponte. In re Adams

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Apple, Inc., 829 F.2d 1484, 1487 (9th Cir. 1987).

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Upon review of the complaints in each of the actions presented here, the court finds that each

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case presents virtually identical factual and legal issues. The plaintiffs allege in each action that

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Defendant failed to adequately protect user data unauthorized access by network hackers and raise

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the same causes of action. The four actions are in the same procedural stage as Defendnat has not

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yet filed an answer or responsive motion. Moreover, since the claims for each case arise from the

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same nucleus of activity, discovery issues relating to each action will be parallel. Based on the

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circumstances presented, there is no basis to find that consolidation would cause inconvenience,

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delay or expense, especially since Paraggua, Shepherd and Veith seemingly agree with the

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consolidation request. As such, the court finds consolidation appropriate. The joint motion of will

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therefore be granted.
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CASE NO. 5:12-cv-03088 EJD
ORDER GRANTING MOTION TO CONSOLIDATE; APPOINTING INTERIM LEAD CLASS COUNSEL

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I.

APPOINTMENT OF INTERIM LEAD CLASS COUNSEL

counsel to act on behalf of a putative class before determining whether to certify the action as a class

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action.” “Instances in which interim class counsel is appointed are those in which overlapping,

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duplicative, or competing class suits are pending before a court, so that appointment of interim

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counsel is necessary to protect the interests of class members.” White v. TransUnion, LLC, 239

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F.R.D. 681, 683 (C.D. Cal. 2006) (citing Manual for Complex Litigation (Fourth) § 21.11 (2004)).

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Although Rule 23(g)(3) does not provide a standard for appointment of interim counsel, the court

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may consider the factors contained in Federal Rule of Civil Procedure 23(g)(1). Under that section,

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the court considers: “(I) the work counsel has done in identifying or investigating potential claims in

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For the Northern District of California

Pursuant to Federal Rule of Civil Procedure 23(g)(3), the court “may designate interim

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United States District Court

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the action; (ii) counsel's experience in handling class actions, other complex litigation, and the types

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of claims asserted in the action; (iii) counsel’s knowledge of the applicable law; and (iv) the

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resources that counsel will commit to representing the class.” Fed. R. Civ. Proc. 23(g)(1)(A). The

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court may also “consider any other matter pertinent to counsel’s ability to fairly and adequately

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represent the interests of the class.” Fed. R. Civ. Proc. 23(g)(1)(B).

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Here, Szpyrka is represented by Jay Edelson of Edelson McGuire LLP and as is evident from

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the motion papers, the firm is experienced in class action litigation and, in particular, in class action

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litigation involving technology and privacy. For this case, Edelson McGuire has conducted

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investigation of the potential class action claims, has taken a leadership role among counsel for the

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other plaintiffs, and has contacted Defendant’s counsel concerning future protection of user privacy.

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The proposed liaison class counsel, Laurence King of Kaplan Fox & Kilsheimer LLP, has similar

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experience in class action litigation.

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Having reviewed the papers filed for this motion in the context of Rule 23, the court finds

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that Jay Edelson of Edelson Mcguire LLP is qualified to represent the putative class, and that

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Laurence King of Kaplan Fox & Kilsheimer LLP is qualified to serve as liaison class counsel.

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Accordingly, the court appoints them as designated.
II.

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ORDER

Based on the foregoing discussion:
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CASE NO. 5:12-cv-03088 EJD
ORDER GRANTING MOTION TO CONSOLIDATE; APPOINTING INTERIM LEAD CLASS COUNSEL

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1.

The motion to consolidate and appoint interim lead class counsel (Docket Item No.

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12) is GRANTED. The Clerk of the Court shall consolidate case numbers 5:12-cv-

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03088 EJD; 5:12-cv-03430 EJD, 5:12-cv-03422 EJD and 5:12-cv-03557 EJD into

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one case such that the earliest-filed action, 5:12-cv-03088 EJD, is the lead case. All

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future filings shall be in 5:12-cv-03088 EJD and shall bear the caption: “In re

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LinkedIn User Privacy Litigation.” All future related cases shall be automatically

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consolidated and administratively closed after a judicial determination that such cases

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are related. Since the later actions are now subsumed by the first-filed action, the

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Clerk shall administratively close case numbers 5:12-cv-03430 EJD, 5:12-cv-03422

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For the Northern District of California

United States District Court

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EJD and 5:12-cv-03557 EJD.
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Plaintiffs’ Motion for Appointment of Interim Lead Class Counsel is GRANTED.

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The court appoints Jay Edelson of Edelson Mcguire LLP as Interim Lead Class

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Counsel for the putative class. Laurence King of Kaplan Fox & Kilsheimer LLP is

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appointed as liaison class counsel.

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3.

The hearing on the motion and the Case Management Conference currently scheduled

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for August 31, 2012, are VACATED. The court will file an order addressing

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scheduling issues forthwith.

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Within 21 days of the date this order is filed, Plaintiffs in In re LinkedIn User Privacy
Litigation shall filed a Consolidated Amended Class Action Complaint.

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IT IS SO ORDERED.

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Dated: August 29, 2012
EDWARD J. DAVILA
United States District Judge

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CASE NO. 5:12-cv-03088 EJD
ORDER GRANTING MOTION TO CONSOLIDATE; APPOINTING INTERIM LEAD CLASS COUNSEL