In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 113

ADMINISTRATIVE MOTION to Amended Consolidation Order re #19 Order on Motion to Consolidate Cases,,,, #80 Order on Motion to Amend/Correct, #66 Order filed by Perrin Aikens Davis, Brian K. Lentz, Cynthia D. Quinn, Matthew J. Vickery. Responses due by 3/29/2016. (Attachments: #1 Declaration of Paul Kiesel, #2 Declaration of Jay Barnes, #3 Declaration of Mark Mandell, #4 Proposed Order)(Straite, David) (Filed on 3/25/2016)

1 Stephen G. Grygiel (admitted pro hac vice)
SILVERMAN THOMPSON
2 SLUTKIN WHITE LLC
201 N. Charles Street, 26TH Floor
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Baltimore, MD 21201
4 Tel.: [phone]
Fax: [phone]
5 [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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IN RE: FACEBOOK INTERNET
18 TRACKING LITIGATION
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Case No.: 5:12-MD-02314-EJD
PLAINTIFFS’ NOTICE OF UNOPPOSED
MOTION AND MOTION FOR
ADMINISTRATIVE RELIEF TO AMEND
CONSOLIDATION ORDER
Judge: The Honorable Edward J. Davila
Court Room: 4

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5:12-MD-02314-EJD
MOTION FOR ADMINISTRATIVE RELIEF TO
AMEND CONSOLIDATION ORDER

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NOTICE IS HEREBY GIVEN that pursuant to Civil Local Rule 7-11, Plaintiffs hereby

2 move this Honorable Court for an order modifying the April 3, 2012 Order Granting Plaintiffs’
3 Motion to Consolidate and Appoint Interim Class Counsel [ECF No. 19] (“Consolidation Order”),
4 as amended on June 26, 2013 [ECF No. 66] and March 12, 2015 [ECF No. 80].
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In sum, the movants propose to streamline the leadership structure of this case in two

6 ways: first, to eliminate the position of liaison counsel, and second, to add Jay Barnes to the
7 interim steering committee. In support of this motion, movants state as follows and submit
8 accompanying declarations of Jay Barnes, Paul Kiesel and Mark Mandell. The undersigned
9 conferred with Facebook counsel, who confirmed that Facebook takes no position on this motion.
10 I.

ELIMINATION OF POSITION OF LIAISON COUNSEL

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1.

In the Consolidation Order, this Court approved a stipulated leadership structure

12 that included Kiesel Law LLP as interim liaison counsel. No member of the interim executive
13 committee had offices in California at the time, necessitating the role of liaison counsel.
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2.

Last year, on March 12, 2015, this Court appointed David Straite to the interim

15 executive committee. Mr. Straite is an attorney with the firm of Kaplan Fox & Kilsheimer LLP,
16 which has an office in this District, in San Francisco. There is therefore no longer any need for
17 separate liaison counsel, presenting an opportunity to streamline leadership and enhance efficiency
18 for opposing counsel, class counsel and the Court.
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3.

Attorneys and paralegals at Kaplan Fox are familiar with Northern District practice.

20 For example, Your Honor appointed Kaplan Fox as liaison counsel in In re: LinkedIn User
21 Privacy Litig., 5:12-cv-03088-EJD (N.D. Cal.). Likewise, Kaplan Fox currently acts as co-lead
22 counsel in In re: Yahoo Mail Litig., 5:13-cv-4980-LHK (N.D. Cal.), where no firm acts as separate
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4.

Attorneys and paralegals at current liaison counsel Kiesel Law LLP are familiar

25 with the substance of this case and have conferred benefit on the class beyond their roles as liaison
26 counsel. The interim executive committee has thus asked the Kiesel firm to stay in the leadership
27 structure, but on the interim steering committee. The undersigned proposed this change to the rest
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5:12-MD-02314-EJD
MOTION FOR ADMINISTRATIVE RELIEF TO
AMEND CONSOLIDATION ORDER

1 of the interim steering committee and no member objected. The declaration of Paul Kiesel
2 agreeing to this change of duties accompanies today’s motion.
3 II.

ADDING JAY BARNES TO THE STEERING COMMITTEE

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Jay Barnes is an attorney with Barnes & Associates in Jefferson City, Missouri, and

5 is an elected member of the Missouri General Assembly. He currently chairs the Government
6 Oversight and Accountability Committee, Barnes Decl. ¶ 3, and has become a leading voice for
7 data privacy. He is counsel of record for Chandra Thompson in a case consolidated with this
8 MDL. See Thompson v. Facebook, Inc., 5:12-cv-0676-EJD (N.D. Cal.).
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Mr. Barnes also successfully argued the appeal on behalf of the class in In re:

10 Google Cookie Placement Consumer Privacy Litig., No. 13-4300 (3d Cir.), and the undersigned
11 anticipate Mr. Barnes providing assistance in advance of oral argument on defendant’s motion to
12 dismiss in this case. Including Mr. Barnes on the interim steering committee would benefit the
13 class because of Mr. Barnes’ prior role in Google Cookie Placement and the substantial overlap of
14 issues between the two cases. The declaration of Jay Barnes accompanies this motion.
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7.

Current steering committee member Mark Mandell has volunteered to step down

16 from the interim steering committee. Mandell Decl. ¶ 3. This will maintain a fixed number of
17 members in the leadership structure. Mr. Mandell was not asked to step down for cause.
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For the foregoing reasons, this Honorable Court should grant this Motion.

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20 Dated: March 25, 2016

Respectfully Submitted,

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KIESEL LAW LLP

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By:
/s/ Paul R. Kiesel
Paul R. Kiesel (SBN 119854)
[e-mail]
8648 Wilshire Blvd.
Beverly Hills, CA 90211-2910
Telephone: [phone]
Facsimile: [phone]

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Interim Liaison Counsel

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5:12-MD-02314-EJD
MOTION FOR ADMINISTRATIVE RELIEF TO
AMEND CONSOLIDATION ORDER

1 SILVERMAN, THOMPSON, SLUTKIN &
WHITE LLC
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By: /s/ Stephen G. Grygiel
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Stephen G. Grygiel (admitted pro hac vice)
4 201 N. Charles St., #2600
Baltimore, MD 21201
5 Telephone [phone]
Facsimile: [phone]
6 [e-mail]
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KAPLAN, FOX & KILSHEIMER LLP

By:
/s/ David A. Straite
Frederic S. Fox (admitted pro hac vice)
David A. Straite (admitted pro hac vice)
850 Third Avenue
New York, NY 10022
Telephone: [phone]
Facsimile: [phone]
[e-mail]

Interim Co-Lead Counsel
Laurence D. King (206423)
Mario Choi (243409)
350 Sansome Street, 4th Floor
San Francisco, CA 94104
Tel.: [phone]
Fax: [phone]
[e-mail]

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Interim Co-Lead Counsel
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5:12-MD-02314-EJD
MOTION FOR ADMINISTRATIVE RELIEF TO
AMEND CONSOLIDATION ORDER

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

4 ECF User whose ID and password are being used to file the foregoing. In compliance with Civil
5 L.R. 5-1(i)(3), I hereby attest that Paul R. Kiesel and Stephen Grygiel have concurred in this
6 filing.
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/s/ David A. Straite
David A. Straite

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5:12-MD-02314-EJD
MOTION FOR ADMINISTRATIVE RELIEF TO
AMEND CONSOLIDATION ORDER