In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 115

REPLY (re #110 MOTION to Compel DISCOVERY AND COMPLIANCE WITH PROTECTIVE ORDER ) filed bySharon Beatty. (Attachments: #1 Supplemental Declaration of David A. Straite, #2 Exhibit 1 to the Straite Declaration, #3 Exhibit 2 to the Straite Declaration, #4 Exhibit 3 to the Straite Declaration, #5 Exhibit 4 to the Straite Declaration, #6 Exhibit 5 to the Straite Declaration, #7 Exhibit 6 to the Straite Declaration)(Straite, David) (Filed on 4/6/2016)

EXHIBIT 3

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COOLEY LLP
MICHAEL G. RHODES (116127)
([e-mail])
MATTHEW D. BROWN (196972)
([e-mail])
JEFFREY M. GUTKIN (216083)
([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
FACEBOOK, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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Case No. 5:12-md-02314 EJD

In re: Facebook Internet Tracking Litigation

DEFENDANT FACEBOOK, INC.’S INITIAL
DISCLOSURES (FED. R. CIV. P. 26(a)(1))

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JUDGE:
TRIAL DATE:

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Edward J. Davila
Not Set

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Defendant Facebook, Inc. (“Facebook”) makes the following initial disclosures, as

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required by Federal Rule of Civil Procedure 26(a)(1). These disclosures are based on information

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reasonably available to Facebook at this time. Facebook reserves the right to clarify, supplement,

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alter, or amend its initial disclosures as discovery progresses and as additional information

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becomes available through further investigation or discovery. Facebook reserves its right to

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object to any discovery propounded by Plaintiffs.

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By making these initial disclosures, Facebook does not concede the relevance of any of

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the information provided, and Facebook does not represent that these disclosures identify every

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document, tangible thing, or witness relevant to the claims and/or defenses of any party to this

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action. Facebook reserves the right to call any witness or present any exhibit or item at trial not

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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DEF. FACEBOOK’S INITIAL DISCLOSURES
CASE NO. 5:12-MD-02314 EJD

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listed here, but identified through discovery or investigation during this action. In addition to the

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individuals listed below, Facebook also incorporates by reference the disclosures made by any

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other party in this action.

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Facebook makes the following disclosures without waiving any applicable privilege,

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doctrine, or right, including without limitation the attorney-client privilege, the work product

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doctrine, and all other rights and privileges recognized under the laws of the United States, the

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State of California, and all relevant jurisdictions. By these disclosures, Facebook does not

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represent or agree that any witness or document identified below has relevant or admissible

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information.

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I.

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DISCLOSURE OF INDIVIDUALS (RULE 26(a)(1)(A)(i))
Subject to the above qualifications, and without prejudice to Facebook’s right to offer

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testimony at trial or elsewhere from any of the following individuals on topics other than

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specified below, Facebook discloses the following individuals under Rule 26(a)(1)(A)(i):

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Individual

Contact Information

Subject Matter

1.

Alex Himel,
Manager,
Engineering

Facebook, Inc.
c/o Cooley LLP
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Tel: [phone]

2.

Gregg Stefancik,
Manager,
Engineering

Facebook, Inc.
c/o Cooley LLP
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Tel: [phone]

Data that Facebook receives
when users visit a third party
website with a Facebook
feature (such as a social
plugin), including through
cookies.
Data that Facebook receives
when users visit a third party
website with a Facebook
feature (such as a social
plugin), including through
cookies; Facebook’s use of
cookies; and Facebook’s
Platform for Privacy
Preferences (P3P) compact
policy.

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

2.

DEF. FACEBOOK’S INITIAL DISCLOSURES
CASE NO. 5:12-MD-02314 EJD

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Individual

Contact Information

3.

Scott Renfro,
Facebook, Inc.
Software Engineer c/o Cooley LLP
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Tel: [phone]

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Perrin Davis,
Cynthia Quinn,
Brian Lentz, and
Matthew Vickery

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(Plaintiffs)

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Subject Matter
Data that Facebook receives
when users visit a third party
website with a Facebook
feature (such as a social
plugin), including through
cookies; Facebook’s use of
cookies; and Facebook’s
Platform for Privacy
Preferences (P3P) compact
policy.
Information concerning
(among other things) their:
use of the Internet;
disclosures or notices they
viewed regarding the same;
terms they agreed to
regarding the same;
knowledge of the operation
of the Internet; knowledge of
social plugins and cookies;
claims of injury and damage
resulting from the conduct
alleged in the complaint; and
relationships with counsel
for Plaintiffs, including how
each Plaintiff became
involved in this action.

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

3.

DEF. FACEBOOK’S INITIAL DISCLOSURES
CASE NO. 5:12-MD-02314 EJD

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Individual
8.-30.

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Contact Information

Subject Matter

Sharon Beatty,
(Plaintiffs)
Lana Brkic,
Jacqueline
Burdick, Stephanie
Campbell, Julian
Carroll, John
Graham, Petersen
Gross, David M.
Hoffman, Dana
Howard,
Tommasina
Iannuzzi, Joon
Khang, Patrick K.
Maloney,
Alexandria Parrish,
Jane Peddicord,
Brooke Rutledge,
Tracy Sauro,
Jennifer Sauro,
Lisa Sabato, Janet
Seamon,
Christopher Simon,
Edward Stravato,
Chandra L.
Thompson, and
Jeanne M. Walker

Information concerning
(among other things) their:
use of the Internet;
disclosures or notices they
viewed regarding the same;
terms they agreed to
regarding the same;
knowledge of the operation
of the Internet; knowledge of
social plugins and cookies;
claims of injury and damage
resulting from the conduct
alleged in the complaint; and
relationships with counsel
for Plaintiffs, including how
each Plaintiff became
involved in this action.

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II.

DESCRIPTION OF DOCUMENTS IN FACEBOOK’S POSSESSION, CUSTODY, OR CONTROL
(RULE 26(a)(1)(A)(ii))

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Based on presently available information and subject to its continuing investigation,
Facebook submits the following descriptions of documents that it may use in support of its claims
or defenses in this action that are within its possession, custody, or control. Facebook reserves
the right to identify additional categories and locations of documents as the case proceeds.
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Documents relating to data that Facebook receives when users visit a third party

website with a Facebook feature (such as a social plugin), including through cookies.
2.

Documents related to Facebook’s use of cookies.

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Documents relating to Facebook’s data use policies and terms of service, including

Facebook’s Statement of Rights and Responsibilities, Privacy Policy, and Data Use Policy.

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

4.

DEF. FACEBOOK’S INITIAL DISCLOSURES
CASE NO. 5:12-MD-02314 EJD

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Documents relating to data that websites other than Facebook receive when users

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visit a third party website with a Facebook feature (such as a social plugin), including through

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cookies.

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websites that use Facebook features such as social plugins.

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Documents relating to the data use policies and terms of service of third party

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Documents relating to any disclosures to the Plaintiffs and putative class members

of information regarding the collection or use of data on Facebook and other websites.

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Documents relating to the Plaintiffs’ use of Facebook.

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Documents related to Facebook’s Platform for Privacy Preferences compact

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Documents identified by any other party to this action.

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policy.

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III.

COMPUTATION OF DAMAGES (RULE 26(a)(1)(A)(iii))

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Facebook contends that Plaintiffs have not sustained any damages caused by any act or

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omission attributable to Facebook. At present, Facebook reserves the right to seek recovery of

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costs and attorneys’ fees. Facebook also reserves the right to assert a claim for damages in the

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future if doing so is warranted by information revealed or counterclaims asserted during the

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litigation.

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IV.

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INSURANCE AGREEMENTS (RULE 26(a)(1)(A)(iv))
Facebook has no applicable insurance policies to disclose at this time.

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Dated: July 27, 2012

COOLEY LLP

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/s/ Matthew D. Brown
Matthew D. Brown (196972)
Attorneys for Defendant
Facebook, Inc.

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

5.

DEF. FACEBOOK’S INITIAL DISCLOSURES
CASE NO. 5:12-MD-02314 EJD

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PROOF OF SERVICE
(FRCP 5)

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I hereby certify that on July 27, 2012, I served FACEBOOK INC.’S INITIAL
DISCLOSURES via Email on the following counsel of record:
David Straite
Stewarts Law
1201 N. Orange St., Suite 740
Wilmington, DE 19801
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Edward D. Robertson III
James P. Frickleton
Bartimus, Frickleton, Robertson & Gorny
11150 Overbrook Road, Suite 200
Leawood, KS 66211
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Executed on July 27, 2012, at San Francisco, California.

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/s/ Matthew D. Brown
Matthew D. Brown

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2630262/ST

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

6.

DEF. FACEBOOK’S INITIAL DISCLOSURES
CASE NO. 5:12-MD-02314 EJD