In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 124

MOTION for Leave to File a Statement of Recent Decision and Supplemental briefing concerning the Statement of Recent Decision filed by Perrin Aikens Davis, Brian K. Lentz, Cynthia D. Quinn, Matthew J. Vickery. Responses due by 5/23/2016. (Attachments: #1 Exhibit A, #2 Proposed Order)(Straite, David) (Filed on 5/18/2016) Modified on 5/18/2016 (cv, COURT STAFF).

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Michael G. Rhodes (116127)
[e-mail]
Matthew D. Brown (196972)
[e-mail]
Kyle C. Wong (224021)
[e-mail]
Adam C. Trigg (261498)
[e-mail]
COOLEY LLP
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
FACEBOOK, INC.

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]
Laurence D. King (206423)
Mario M. 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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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]

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Interim Co-Class Counsel

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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

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JOINT ADMIN. MOTION FOR LEAVE TO FILE
CASE NO. 5:12-MD-02314-EJD-NC

JOINT ADMINISTRATIVE MOTION
FOR LEAVE TO FILE A
STATEMENT OF RECENT
DECISION AND SUPPLEMENTAL
BRIEFING CONCERNING THE
APPLICATION OF THE RECENT
DECISION

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Under Civil Local Rule 7-11, Plaintiffs Perrin Davis, Cynthia Quinn, Brian Lentz, and

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

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(Plaintiffs and Facebook collectively, the “Parties”) submit this Joint Administrative Motion for

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Leave to File a Statement of Recent Decision and Supplemental Briefing Concerning the

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Application of the Recent Decision. Two days ago (May 16, 2016), the United States Supreme

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Court issued an opinion in Spokeo, Inc. v. Robins, No. 13-1339 (“Spokeo”). A copy of the

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proposed Statement of Recent Decision containing the Spokeo slip opinion is attached as Exhibit

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A. The Parties jointly request leave to provide this new authority to the Court in consideration of

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Facebook’s motion to dismiss the Second Amended Complaint (ECF No. 101) (the “Motion”)

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and Plaintiffs’ opposition thereto.

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The Parties also jointly move for leave to provide the Court limited supplemental briefing

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on each side’s view of the Supreme Court decision as it relates to the Motion. In support thereof,

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the Parties make the following stipulated request:

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WHEREAS, Plaintiffs filed their Second Amended Complaint (the “SAC”) on November
30, 2015;
WHEREAS, Facebook moved to dismiss the SAC on January 14, 2016, and briefing has
concluded;

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WHEREAS, the Court held oral arguments on the Motion on April 28, 2016;

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WHEREAS, the Motion cited Spokeo, see Motion at 9 n.7, and at the April 28, 2016 oral

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argument on the Motion, counsel mentioned the anticipated opinion by the Supreme Court in

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Spokeo;

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WHEREAS, the Parties agree that in the Spokeo opinion, the United States Supreme Court
addressed the Article III requirements for standing;

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WHEREAS, the SAC asserts claims alleging statutory violations, among other claims; and

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WHEREAS, the Spokeo opinion was issued on May 16, 2016, after the April 28, 2016 oral

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arguments in this case;
NOW, THEREFORE, based on the above stipulation and pursuant to Civil Local Rule 711, the Parties ask the Court to enter the attached order, which provides that:
JOINT ADMIN. MOTION FOR LEAVE TO FILE
CASE NO. 5:12-MD-02314-EJD-NC

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Each side may submit supplemental briefing providing its view of Spokeo’s
application to this case, if any.

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Each side may file one opening brief that shall be limited to five (5) pages each,

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and shall be ECF-filed on or before 5:00pm PDT ten (10) calendar days after an

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order granting this motion is filed on ECF.

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3.

Each side may file one response brief that shall be limited to five (5) pages each,

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and shall be ECF-filed on or before 5:00pm PDT ten (10) calendar days after the

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deadline for the opening briefs.

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4.

There shall be no right of further reply without prior Court approval.

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DATED: May 18, 2016

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KAPLAN FOX & KILSHEIMER LLP
Laurence D. King
David A. Straite

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By:

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Interim Co-Class Counsel

/s/ David A. Straite

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DATED: May 18, 2016

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By:

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/s/ Stephen G. Grygiel

Interim Co-Class Counsel

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SILVERMAN THOMPSON
SLUTKIN WHITE LLC
Stephen G. Grygiel

DATED: May 18, 2016

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COOLEY LLP
Michael G. Rhodes
Matthew D. Brown
Kyle C. Wong
Adam C. Trigg

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By: /s/ Matthew D. Brown

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Attorneys for Defendant FACEBOOK,
INC.

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JOINT ADMIN. MOTION FOR LEAVE TO FILE
CASE NO. 5:12-MD-02314-EJD-NC

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ECF ATTESTATION

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I, David A. Straite, am the ECF User whose ID and password are being used to file

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the following: PARTIES’ JOINT NOTICE OF NEW SUPREME COURT AUTHORITY

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AND STIPULATED MOTION FOR LEAVE TO SUPPLEMENT BRIEFING.

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compliance with General Order 45, X.B., I hereby attest that all signatories have concurred in this

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filing.

In

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DATED: May 18, 2016

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KAPLAN, FOX & KILSHEIMER LLP
LAURENCE D. KING
DAVID A. STRAITE

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By: /s/ David Straite
DAVID A. STRAITE
Interim Co-Class Counsel

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JOINT ADMIN. MOTION FOR LEAVE TO FILE
CASE NO. 5:12-MD-02314-EJD-NC

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