In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 105

DECLARATION of Stephen G. Grygiel in Opposition to #101 MOTION to Dismiss Defendant Facebook, Inc.s Motion to Dismiss Plaintiffs Second Amended Consolidated Class Action Complaint (Fed. R. Civ. P. 12(b)(1) & 12(b)(6)) filed byPerrin Aikens Davis, Brian K. Lentz, Cynthia D. Quinn, Matthew J. Vickery. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Related document(s) #101 ) (Straite, David) (Filed on 2/18/2016)

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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]

Frederic S. Fox (admitted pro hac vice)
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]

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Laurence D. King (206423)
Mario Choi (243409)
KAPLAN FOX & KILSHEIMER LLP
350 Sansome Street, 4th Floor
San Francisco, CA 94104
Tel.: [phone]
Fax: [phone]
[e-mail]

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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No. 5:12-md-02314-EJD
IN RE: FACEBOOK, INC. INTERNET
TRACKING LITIGATION

DECLARATION OF STEPHEN G.
GRYGIEL IN SUPPORT OF PLAINTIFFS’
MEMORANDUM OF POINTS AND
AUTHORITIES IN OPPOSITION TO
DEFENDANT FACEBOOK’S MOTION TO
DISMISS
N.D. Cal. L.R. 7-11 and 79-5
Next Hearing Date: April 28, 2016

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Judge: The Honorable Edward J. Davila
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DECLARATION OF STEPHEN G. GRYGIEL IN SUPPORT OF PLAINTIFFS’ MEMORANDUM
OF POINTS AND AUTHORITIES
No. 5:12-md-02314-EJD

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DECLARATION OF STEPHEN G. GRYGIEL

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I, Stephen G. Grygiel, declare as follows:

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1.

I am an attorney admitted pro hac vice to practice before this Court in this matter. I am

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an attorney at the law firm of Silverman Thompson Slutkin White LLC, Interim Co-Lead Class

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Counsel in this class action against Defendant Facebook Inc.

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2.

I submit this declaration in support of plaintiffs’ Memorandum of Points and Authorities

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in Opposition to Facebook’s Motion to Dismiss (the “Memorandum”). The following statements are

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based on my personal knowledge and review of the files in this case and, if called on to do so, I could

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and would testify competently thereto.

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3.

Attached hereto as Exhibit 1 is a true and correct copy of Senate Report 109-14

(February 28, 2005), related to the Class Action Fairness Act of 2005.
4.

Attached hereto as Exhibit 2 is a true and correct copy of Senate Report 99-541 (October

17, 1986), related to the Electronic Communications Privacy Act of 1986.
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Attached hereto as Exhibit 3 is a true and correct copy of House Report 107-236

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(October 11, 2011), related to a bill to Provide Appropriate Tools Required to Intercept and Obstruct

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Terrorism (“PATRIOT”) Act of 2001.

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6.

Attached hereto as Exhibit 4 is a true and correct copy of the official French language

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decision of the commission nationale de l’informatique et des libertés (“CNIL”) dated January 26,

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2016, No. 2016-007, as provided on the CNIL website.

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7.

Attached hereto as Exhibit 5 is a true and correct copy of the unofficial English language

decision of the CNIL dated January 26, 2016, No. 2016-007, as provided on the CNIL website.

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I declare under penalty of perjury under the laws of the United States that the foregoing is true
and correct. Executed on this 18th day of February, 2016, at Baltimore, Maryland.

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/s/ Stephen G. Grygiel
Stephen G. Grygiel

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-2DECLARATION OF STEPHEN G. GRYGIEL IN SUPPORT OF PLAINTIFFS’ MEMORANDUM
OF POINTS AND AUTHORITIES
No. 5:12-md-02314-EJD

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ATTESTATION OF E-FILED SIGNATURE
I, David A. Straite, court-appointed interim lead counsel for the proposed Class, am the ECF

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User whose ID and password are being used to file this Declaration of Stephen Grygiel in Support of

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Plaintiffs’ Memorandum. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that Stephen Grygiel

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has concurred in this filing.

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/s/ David A. Straite

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-3DECLARATION OF STEPHEN G. GRYGIEL IN SUPPORT OF PLAINTIFFS’ MEMORANDUM
OF POINTS AND AUTHORITIES
No. 5:12-md-02314-EJD