In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 100

Order Granting #99 Stipulation CONCERNING PAGE LIMITS FOR BRIEFING ON MOTION TO DISMISS SECOND AMENDED COMPLAINT AND DATE OF CASE MANAGEMENT CONFERENCE 1. Facebook's Motion to Dismiss shall not exceed 40 pages; 2. Plaintiffs opposition to the Motion to Dismiss shall not exceed 40 pages; 3. Facebook's reply in support of the Motion to Dismiss shall not exceed 25 pages; and 4. The Case Management Conference scheduled for January 14, 2016 shall be continued to April 28, 2016 at 9:00 a.m. (the same date on which the hearing on the Motion to Dismiss is scheduled). Signed by Hon. Edward J. Davila on 1/5/2016. (ecg, COURT STAFF) (Filed on 1/5/2016)

Case 5:12-md-02314-EJD Document 99 Filed 12/30/15 Page 1 of 6

1
2
3
4
5
6
7
8

Michael G. Rhodes (116127)
Matthew D. Brown (196972)
Jeffrey M. Gutkin (216083)
Kyle C. Wong (224021)
COOLEY LLP
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Tel.: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
FACEBOOK, INC.

9
10

[Additional Counsel on Signature Page]
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

11
12
13
14

Case No. 12-md-02314 EJD

15

STIPULATED REQUEST AND [PROPOSED]
ORDER CONCERNING PAGE LIMITS FOR
BRIEFING ON MOTION TO DISMISS
SECOND AMENDED COMPLAINT AND
DATE OF CASE MANAGEMENT
CONFERENCE

16

In re: Facebook Internet Tracking Litigation

17
18
19

JUDGE:
COURTROOM:
TRIAL DATE:

20

Edward J. Davila
4
Not Yet Set

21
22

Plaintiffs Perrin Davis, Cynthia Quinn, Brian Lentz, and Matthew Vickery (collectively,

23

“Plaintiffs”) and Defendant Facebook, Inc. (“Facebook”) (Plaintiffs and Facebook collectively,

24

the “Parties”) by and through their respective counsel, hereby make a stipulated request for an

25

order concerning the page limits for the briefing on Facebook’s forthcoming motion to dismiss

26

Plaintiffs’ Second Amended Consolidated Class Action Complaint (“Second Amended

27

Complaint”), and to continue the Case Management Conference set for January 14, 2015.

28
COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

125818790

1.

JOINT STIP. & [PROPOSED] ORDER RE
PAGE LIMITS AND CMC
CASE NO. 12-MD-02314 EJD

Case 5:12-md-02314-EJD Document 99 Filed 12/30/15 Page 2 of 6

1

WHEREAS on February 8, 2012, the Panel on Multidistrict Litigation issued an order

2

transferring actions filed across the United States to this Court under the caption above for

3

coordinated or consolidated proceedings pursuant to 28 U.S.C. § 1407;

4
5

WHEREAS Plaintiffs filed their Corrected First Amended Consolidated Class Action
Complaint (“First Amended Complaint,” Dkt. #35) on May 23, 2012;

6

WHEREAS the Court extended the page limits for the briefing on Facebook’s motion to

7

dismiss the First Amended Complaint to 35 pages for the motion to dismiss and opposition brief

8

and 25 pages for the reply brief (Dkt. #37);

9
10

WHEREAS on July 2, 2012, Facebook filed a motion to dismiss the First Amended
Complaint (Dkt. #44);

11

WHEREAS on October 23, 2015, the Court granted Facebook’s motion to dismiss with

12

leave to amend on or before November 30, 2015, and setting a Case Management Conference for

13

January 14, 2015 (Dkt. #87);

14

WHEREAS on November 24, 2015, the Court granted the Parties’ Joint Stipulation and

15

Proposed Order setting the briefing schedule on Facebook’s anticipated motion to dismiss the

16

Second Amended Complaint (the “Motion to Dismiss”), according to which Facebook’s Motion

17

to Dismiss shall be filed on or before January 14, 2016, Plaintiffs’ opposition shall be filed on or

18

before February 18, 2016, and Facebook’s reply shall be filed on or before March 10, 2016, and

19

the hearing on the Motion to Dismiss is scheduled for April 28, 2016;

20

WHEREAS Plaintiffs filed their Second Amended Complaint on November 30, 2015;

21

WHEREAS the Second Amended Complaint consists of 57 pages and 11 causes of action,

22

including five new causes of action;

23

WHEREAS the Parties believe that an enlargement of the page limits for the briefing on

24

the Motion to Dismiss is reasonable in light of the nature of the case, the length of the Second

25

Amended Complaint, the number of causes of action, recent developments in the law and the new

26

causes of action, and will provide the Court with more thorough and useful briefing on the issues;

27

and

28
COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

125818790

2.

JOINT STIP. & [PROPOSED] ORDER RE
PAGE LIMITS AND CMC
CASE NO. 12-MD-02314 EJD

Case 5:12-md-02314-EJD Document 99 Filed 12/30/15 Page 3 of 6

1

WHEREAS, in light of the Second Amended Complaint, the forthcoming Motion to

2

Dismiss the Second Amended Complaint, and the briefing and hearing schedule ordered by the

3

Court, the Parties believe that continuing the Case Management Conference to April 28, 2016

4

(the same date on which the hearing on the Motion to Dismiss is scheduled) will conserve judicial

5

and party resources, and will not otherwise affect the case schedule.

6
7

NOW, THEREFORE, the Parties hereby stipulate and agree as follows, subject to
approval and order of the Court:

8

1.

Facebook’s Motion to Dismiss shall not exceed 40 pages;

9

2.

Plaintiffs’ opposition to the Motion to Dismiss shall not exceed 40 pages;

10

3.

Facebook’s reply in support of the Motion to Dismiss shall not exceed 25 pages;

4.

The Case Management Conference scheduled for January 14, 2016 shall be

11
12

and

13

continued to April 28, 2016 at 9:00 a.m. (the same date on which the hearing on the Motion to

14

Dismiss is scheduled).

15
16

Dated: December 30, 2015

COOLEY LLP
/s/ Matthew D. Brown
MATTHEW D. BROWN
Attorneys for Defendant FACEBOOK, INC.

17
18
19

Dated: December 30, 2015

SILVERMAN THOMPSON
SLUTKIN WHITE LLC

20

/s/ Stephen G. Grygiel
STEPHEN G. GRYGIEL

21
22

27

Stephen G. Grygiel (admitted pro hac vice)
SILVERMAN THOMPSON
SLUTKIN WHITE LLC
201 N. Charles Street, 26TH Floor
Baltimore, MD 21201
Tel.: [phone]
Fax: [phone]
[e-mail]

28

Interim Co-Lead Class Counsel

23
24
25
26

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

125818790

3.

JOINT STIP. & [PROPOSED] ORDER RE
PAGE LIMITS AND CMC
CASE NO. 12-MD-02314 EJD

Case 5:12-md-02314-EJD Document 99 Filed 12/30/15 Page 4 of 6

1

Dated: December 30, 2015

KAPLAN FOX & KILSHEIMER LLP

2
/s/ David A. Straite
DAVID A. STRAITE

3
4

David A. Straite (admitted pro hac vice)
KAPLAN FOX & KILSHEIMER LLP
850 Third Avenue, 14th Floor
New York, NY 10022
Tel.: [phone]
Fax: [phone]
[e-mail]

5
6
7
8

Laurence D. King (206423)
KAPLAN FOX & KILSHEIMER LLP
350 Sansome Street, 4th Floor
San Francisco, CA 94104
Tel.: [phone]
Fax: [phone]
[e-mail]

9
10
11
12

Interim Co-Lead Class Counsel

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

125818790

4.

JOINT STIP. & [PROPOSED] ORDER RE
PAGE LIMITS AND CMC
CASE NO. 12-MD-02314 EJD

Case 5:12-md-02314-EJD Document 99 Filed 12/30/15 Page 5 of 6

[PROPOSED] ORDER

1
2

PURSUANT TO STIPULATION, IT IS SO ORDERED.

3
4
5

DATED: ___________________
1/6/2015

6

_________________________________________
The Honorable Edward J. Davila
UNITED STATES DISTRICT JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

125818790

5.

JOINT STIP. & [PROPOSED] ORDER RE
PAGE LIMITS AND CMC
CASE NO. 12-MD-02314 EJD

Case 5:12-md-02314-EJD Document 99 Filed 12/30/15 Page 6 of 6

ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3)

1
2
3
4

I, Matthew D. Brown, attest that concurrence in the filing of this document has been
obtained from each of the other signatories.
Dated: December 30, 2015

5

/s/ Matthew D. Brown
MATTHEW D. BROWN

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

125818790

6.

JOINT STIP. & [PROPOSED] ORDER RE
PAGE LIMITS AND CMC
CASE NO. 12-MD-02314 EJD