In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 143

ADMINISTRATIVE MOTION to Schedule Subsequent Case Management Conference filed by Perrin Aikens Davis, Brian K. Lentz, Cynthia D. Quinn, Matthew J. Vickery. Responses due by 4/24/2017. (Attachments: #1 Declaration of David A. Straite, #2 Exhibit A, #3 Proposed Order)(Straite, David) (Filed on 4/18/2017)

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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]

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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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-NC
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IN RE: FACEBOOK, INC. INTERNET
TRACKING LITIGATION

DECLARATION OF DAVID A. STRAITE
PURSUANT TO LOCAL RULE 7-11 IN SUPPORT
OF PLAINTIFFS’ ADMINISTRATIVE MOTION
TO SCHEDULE SUBSEQUENT CASE
MANAGEMENT CONFERENCE
Judge:
Trial Date:

Hon. Edward J. Davila
Not yet set

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DECLARATION PURSUANT TO CIVIL L.R. 7-11 IN SUPPORT OF ADMINISTRATIVE
MOTION TO SCHEDULE SUBSEQUENT CASE MANAGEMENT CONFERENCE
No. 5:12-md-02314-EJD-NC

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I, David A. Straite, declare as follows:

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1.

I am a partner at Kaplan Fox & Kilsheimer LLP, Co-Lead counsel in the above-captioned

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case. I submit this declaration pursuant to Civil Local Rule 7-11 in support of plaintiffs’ Administrative

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Motion to Schedule a Subsequent Case Management Conference. I have personal knowledge of the facts

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stated in this declaration and, if called a witness, I could and would testify competently to them.

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2.

Civil Local Rule 7-11(a) requires that an administrative motion be accompanied by “either

a stipulation under Civil L.R. 7-12 or by a declaration that explains why a stipulation could not be
obtained.” On April 7, 2017, on behalf of myself and Co-Lead Counsel Stephen Grygiel, Esq., I sent an

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email to counsel for Facebook, Inc., including Kyle Wong, Esq., Matthew Brown, Esq. and Jeff Gutkin,
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Esq. In the email I informed Facebook counsel that we intended to ask the Court to schedule a Case
Management Conference and asked if they would support, oppose or take no position. To date, Facebook
counsel have never responded to my email.
3.

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By letter dated April 11, 2017 (ECF No. 141), plaintiffs wrote to the Court asking for the

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relief requested in today’s administrative motion. As defendant Facebook, Inc. correctly noted in its

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response dated April 14, 2017 (ECF No. 142), this Court’s Standing Order for Civil Cases dated January

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25, 2017 provides that requests for Court action should be made by stipulation or motion rather than by

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letter, and plaintiffs therefore are submitting the accompanying administrative motion in place of the letter.

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In defendant’s April 14, 2017 response, however, defendant represented that it opposes the requested

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relief.

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I declare under penalty of perjury under the laws of the United States of America that the foregoing
is true and correct. Executed this 18th day of April, 2017, in New York, New York.

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/s/ David A. Straite

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David A. Straite

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DECLARATION PURSUANT TO CIVIL L.R. 7-11 IN SUPPORT OF ADMINISTRATIVE
MOTION TO SCHEDULE SUBSEQUENT CASE MANAGEMENT CONFERENCE
No. 5:12-md-02314-EJD-NC