In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 13

MOTION to Consolidate Cases PURSUANT TO RULE 42(a); APPOINT INTERIM CLASS COUNSEL PURUANT TO RULE 23(g) filed by Perrin Aikens Davis. Motion Hearing set for 3/30/2012 01:30 PM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 3/30/2012. Replies due by 3/30/2012. (Attachments: # 1 Exhibit A, # 2 Proposed Order, # 3 Certificate/Proof of Service)(Kiesel, Paul) (Filed on 3/28/2012)

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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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IN RE: FACEBOOK INTERNET TRACKING
LITIGATION

No. 5:12-md-02314-EJD
ORDER CONSOLIDATING
RELATED ACTIONS PURSUANT
TO RULE 42(a) AND APPOINTING
INTERIM CLASS COUNSEL
PURUANT TO RULE 23(g)

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PERRIN AIKENS DAVIS, PETERSEN
GROSS, DR. BRIAN K. LENTZ,
TOMMASINA IANNUZZI, TRACY SAURO,
JENNIFER SAURO, and LISA SABATO,
Individually and on Behalf of All Others
Similarly Situated,

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Related Case Nos.: 5:11-cv-04935-EJD;
5:12-cv-00370-EJD; and 5:12-cv-00807EJD
In Re Facebook Internet Tracking
Litigation, No. 5:12-md-02314-EJD

Plaintiffs,

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Case No. 5:11-cv-04834-EJD

v.
Action Filed: September 30, 2011
FACEBOOK, INC.,
a Delaware Corporation
Defendant.

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MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

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LANA BRKIC,
Individually and on Behalf of All Others
Similarly Situated,

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Related Case Nos.: 5:11-cv-04834-EJD;
5:12-cv-00370-EJD; and 5:12-cv-00807EJD

Plaintiff,

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Case No. 5:11-04935-EJD

v.

In Re Facebook Internet Tracking
Litigation, Case No. 5:12-md-02314-EJD

FACEBOOK, INC., a Delaware Corporation,
and DOES 1-10,

Action Filed: October 5, 2011

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Defendants.

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JULIAN CARROLL, On Behalf of Himself and
All Others Similarly Situated,

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v.

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Defendant.
LAURA MAGUIRE, ET AL., On Behalf of
Himself and All Others Similarly Situated,

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Related Case Nos.: 5:11-cv-04834EJD; 5:11-cv-04935-EJD; and
5:12-cv-00370-EJD

v.
FACEBOOK, INC.,

Action Filed: February 17, 2012

Defendant.
ALEXANDRIA PARRISH, Individually and on
Behalf of All Others Similarly Situated,

Case No. 5:12-cv-00667-EJD
In Re Facebook Internet Tracking
Litigation, Case No. 5:12-md-02314-EJD

Plaintiff,

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Case No. 5:12-cv-00807-EJD

Plaintiff,

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Action Filed: January 24, 2012

FACEBOOK, INC., a Delaware Corporation,

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Related Case Nos.: 5:11-cv-04834EJD; 5:11-cv-04935-EJD; and 5:12-cv00807-EJD

Plaintiff,

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Case No. 5:12-cv-00370-EJD

v.

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FACEBOOK, INC., and DOES 1 Through 10,

Action Filed: October 7, 2011
Transferred February 8, 2012

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Defendants.
SHARON BEATTY, Individually and on
Behalf of All Others Similarly Situated,

Case No. 5:12-cv-00668-EJD

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In Re Facebook Internet Tracking
Litigation, No. 5:12-md-02314-EJD

Plaintiff,

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v.

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Action Filed: October 7, 2011
Transferred February 8, 2012

FACEBOOK, INC., and DOES 1 Through 10,
Defendants.
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MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

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BROOKE RUTLEDGE, Individually and on
Behalf of All Others Similarly Situated,

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Plaintiff,

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Defendants.
MICHAEL SINGLEY, Individually and on
Behalf of All Others Similarly Situated,

Case No. 5:12-cv-00670-EJD
In Re Facebook Internet Tracking
Litigation, No. 5:12-md-02314-EJD

Plaintiffs,
v.
FACEBOOK, INC.,
DOES 1 THROUGH 10,

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Action Filed: October 12, 2011
Transferred February 8, 2012

FACEBOOK, INC. and DOES 1 through 10,

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In Re Facebook Internet Tracking
Litigation, No. 5:12-md-02314-EJD

v.

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Case No. 5:12-cv-00669-EJD

Action Filed: October 5, 2011
Transferred February 08, 2012

Defendants.

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DANA HOWARD, individually and on Behalf
of All Others Similarly Situated,

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Plaintiffs,

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Action Filed: October 4, 2011 and
Transferred on February 8, 2012

FACEBOOK, INC. and DOES 1 through 10,
Defendants.
JOHN GRAHAM, Individually and on
Behalf of All Others Similarly Situated,

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In Re Facebook Internet Tracking
Litigation, No. 5:12-md-02314-EJD

v.

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Case No. 5:12-cv-00671-EJD

Case No. 5:12-cv-00673-EJD
In Re Facebook Internet Tracking
Litigation, No. 5:12-md-02314-EJD

Plaintiff,
v.

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FACEBOOK, INC., and DOES 1 Through 10,

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Action Filed: October 5, 2011
Transferred February 8, 2012

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Defendants.
DAVID M. HOFFMAN, Individually and on
Behalf of All Others Similarly Situated,

Case No. 5:12-cv-00674-EJD

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Plaintiff,

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In Re Facebook Internet Tracking
Litigation, No. 5:12-md-02314-EJD

v.

Action Filed: October 7, 2011
Transferred February 8, 2012

FACEBOOK, INC. and DOES 1 through 10,
Defendants.

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MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

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JANET SEAMON, Individually and on Behalf
of All Others Similarly Situated,

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Plaintiff,

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In Re Facebook Internet Tracking
Litigation, No. 5:12-md-02314-EJD

v.
FACEBOOK, INC. and DOES 1 through 10,

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Case No. 5:12-cv-00675-EJD

Action Filed: October 10, 2011
Transferred February 8, 2012

Defendants.

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CHANDRA L. THOMPSON, Individually and
on Behalf of All Others Similarly Situated,

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Plaintiff,

In Re Facebook Internet Tracking
Litigation, No. 5:12-md-02314-EJD

FACEBOOK, INC. and DOES 1 through 10,

Action Filed: September 30, 2011
Transferred February 8, 2012

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Case No. 5:12-cv-00676-EJD

v.

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Defendants.

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STEPHANIE CAMPBELL, Individually and on
Behalf of All Others Similarly Situated,

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Case No. 5:12-cv-00796-EJD
In Re Facebook Internet Tracking
Litigation, No. 5:12-md-02314-EJD

Plaintiff,
v.
FACEBOOK, INC. and DOES 1 through 10,

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Action Filed: November 21, 2011
Transferred February 17, 2012

Defendants.

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CYNTHIA D. QUINN, Individually and on
Behalf of All Others Similarly Situated,

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In Re Facebook Internet Tracking
Litigation, No. 5:12-md-02314-EJD

Plaintiff,
v.
FACEBOOK, INC. and DOES 1 through 10,

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Case No. 5:12-cv-00797-EJD

Action Filed: October 18, 2011
Transferred February 17, 2012

Defendants.

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JEANNE M. WALKER, Individually and on
Behalf of All Others Similarly Situated,

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Plaintiff,

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Case No. 5:12-cv-00798-EJD
In Re Facebook Internet Tracking
Litigation, No. 5:12-md-02314-EJD

v.

Action Filed: October 20, 2011
Transferred February 17, 2012

FACEBOOK, INC. and DOES 1 through 10,
Defendants.

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MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

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JACQUELINE BURDICK, Individually and
on Behalf of All Others Similarly Situated,

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Plaintiff,

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Case No. 5:12-cv-00799-EJD
In Re Facebook Internet Tracking
Litigation, No. 5:12-md-02314-EJD

v.

Action Filed: October 25, 2011
Transferred February 17, 2012

FACEBOOK, INC. and DOES 1 through 10,
Defendants.

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EDWARD STRAVATO,

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Plaintiff,

Case No. 5:12-cv-00800-EJD
In Re Facebook Internet Tracking
Litigation, No. 5:12-md-02314-EJD

v.
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Action Filed: December 14, 2011
Transferred February 17, 2012

FACEBOOK, INC.; JOHN DOE 1-10,
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Defendants.
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Case No. 5:12-cv-00801-EJD

MATTHEW J. VICKERY, and Other Persons
Similarly Situated,
Plaintiff,

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v.
Action Filed: November 14, 2011
Transferred February 17, 2012

FACEBOOK, INC., DOES 1 thru 10,

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In Re Facebook Internet Tracking
Litigation, No. 5:12-md-02314-EJD

Defendants.

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Case No. 5:12-cv-00824-EJD

PATRICK K. MALONEY, Individually and on
Behalf of All Others Similarly Situated
Plaintiff,

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v.

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Defendants.
JOON KHANG, Individually and On
Behalf of All Others Similarly Situated,

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Case No. 5:12-cv-00825-EJD
In Re Facebook Internet Tracking
Litigation, No. 5:12-md-02314-EJD

Plaintiff,

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Action Filed: January 25, 2012
Transferred February 21, 2012

FACEBOOK, INC., DOES 1 THROUGH 10,

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In Re Facebook Internet Tracking
Litigation, No. 5:12-md-02314-EJD

v.
FACEBOOK, INC.,

Action Filed: February 1, 2012
Transferred February 21, 2012
Defendant.

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MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

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[PROPOSED] ORDER GRANTING MOTION FOR CONSOLIDATION OF RELATED

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ACTIONS AND APPOINTING INTERIM LEAD COUNSEL

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WHEREAS, after full consideration of the Motion for Consolidation and For

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Appointment of Lead Counsel and good cause appearing,

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IT IS HEREBY ORDERED:

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1.

The motion is GRANTED.

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2.

The above-captioned cases are hereby consolidated for all purposes.

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3.

The Court requests the assistance of counsel in calling to the attention of the Clerk

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of this Court the filing or transfer of any case that may properly be consolidated as part of the

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Consolidated Action.

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4.

When a case that arises out of the same subject matter as the Consolidated Action

is hereinafter filed in this Court or transferred from another court, the clerk of this Court shall:

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A.

file a copy of this Order in the separate file for such action;

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B.

transmit electronically a copy of this Order to the attorneys for the parties

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in the newly-filed or transferred case; and

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C.

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Action.

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make the appropriate entry in the Master Docket for the Consolidated

Any future cases deemed related that are subsequently filed in, or transferred to,

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this Court shall likewise be consolidated with this Consolidated Action and will be subject to the

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terms of this Order. This Order shall apply thereto, unless a party objects to consolidation (as

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provided for herein), or to any provision of this Order, within ten (10) days after the date upon

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which a copy of this Order is served on counsel for such party by filing an application for relief,

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and this Court deems it appropriate to grant such application. Nothing in the forgoing shall be

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construed as a waiver of Defendants’ right to object to consolidation of any subsequent-filed or

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transferred related action.

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6.

Counsel are instructed that this Consolidated Action will be known as In re:

Facebook Internet Tracking Litigation, 5:12-md-02314-EJD, and all future filings shall be made
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MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

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under this case name and number only.
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The Firms of BARTIMUS, FRICKLETON, ROBERTSON & GORNY, P.C., and

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SIANNI & STRAITE LLP are hereby appointed Interim Co-Lead Counsel for the Putative Class.

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Because the lawyers at Sianni & Straite LLP plan to join another firm on May 1, 2012, they are

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hereby ordered to file a motion for substitution of counsel as soon as practical.

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The Court appoints a Plaintiffs Steering Committee consisting of seven lawyers to

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assist Interim Co-Lead Counsel: STEPHEN M. GORNY; STEPHEN G. GRYGIEL; ANDREW

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J. LYSKOWSKI; BARRY R. EICHEN; MARK S. MANDELL; WILLIAM H. MURPHY, JR.;

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and WILLIAM M. CUNNINGHAM, JR.

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The Court appoints a Special Committee of three former state attorneys general to

advise Interim Co-Lead Counsel: GRANT WOODS, MIKE MOORE, and RICHARD IEYOUB.
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The Court appoints a single firm as Liaison Counsel: KIESEL, BOUCHER &

LARSON, LLP.
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Interim Co-Lead Counsel shall have the authority to speak for all Plaintiffs and

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Class members in all matters regarding the Consolidated Action, including, but not limited to,

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pretrial proceedings, motion practice, trial, and settlement. Co-Lead Counsel shall make all work

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assignments in such a manner as to facilitate the orderly and efficient prosecution of this

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litigation, and to avoid duplicative or unproductive effort. Additionally, Co-Lead Counsel shall

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have the following responsibilities:

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A.

to brief and argue motions;

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B.

to initiate and conduct discovery, including, but not limited to, coordination

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of discovery with Defendants’ counsel, and the preparation of written

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interrogatories, requests for admissions, and requests for production of

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documents;

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C.

to direct and coordinate the examination of witnesses in depositions;

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D.

to act as spokesperson at pretrial conferences;

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E.

to call and chair meetings of Plaintiffs’ counsel as appropriate or necessary

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from time to time;
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MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)

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F.

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to initiate and conduct any settlement negotiations with Defendants’
counsel;

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to provide general coordination of the activities of Plaintiffs’ counsel and

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to delegate work responsibilities to selected counsel as may be required, in

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such a manner as to lead to the orderly and efficient prosecution of this

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litigation and to avoid duplication or unproductive effort;

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H.

to consult with and employ experts;

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I.

to receive and review periodic time reports of all attorneys on behalf of

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Plaintiffs, to determine if the time is being spent appropriately and for the

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benefit of Plaintiffs, and to appropriately distribute any Plaintiffs’

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attorneys’ fees that may be awarded by the Court; and

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J.

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order of this Court.
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The following deadlines shall apply in the Consolidated Action:
A.

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B.

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Any Motion to Dismiss shall be filed on or before the ______ day of
_________________, 2012.

C.

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The Consolidated Amended Complaint shall be filed on or before the
_____ day of _________________, 2012.

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to perform such other duties as may be expressly authorized by further

Any Response shall be filed on or before the _________day of
_______________, 2012

D.

Any Reply shall be filed on or before the ________ day of
__________________, 2012.

SO ORDERED this _________ day of _________________, 2012.

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______________________________________
HON. EDWARD J. DAVILA
UNITED STATES DISTRICT JUDGE

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MOTION TO CONSOLIDATE RELATED ACTIONS
PURSUANT TO RULE 42(A); APPOINT INTERIM
CLASS COUNSEL PURSUANT TO RULE 23(g)