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)

Exhibit A

1 RICHMAN LAW GROUP
Kim E. Richman (Pro Hac Vice)

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[e-mail]
81 Prospect Street
Brooklyn, New York 11201
[phone]

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5 MILBERGLLP
David Azar

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2850 Ocean Park Blvd., Suite 300
Santa Monica, CA 90405
[phone]
Melissa Clark
[e-mail]
One Pennsylvania Plaza, 49th Floor
New York, NY 10119
[phone]

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Attorneys for Plaintiffs

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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SANTA CLARA

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RYAN UNG, CHI CHENG and ALICE
ROSEN, on Behalf of Themselves and All
Others Similarly Situated,
Plaintiffs,

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v.
FACEBOOK, INC.,
Defendant.

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Case No. 112-cv-217244
STIPULATION AND[~
ORDER TO CONTINUE CASE STATUS
CONFERENCE
April18, 2017
10:00 am
Hon. Maureen A. Folan
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Date:
Time:
Judge:
Dept.:

____________________________ )

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STIPULATION AND [PROP08_E_Ql_Q_IID_~!l_!O CONTINUE

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Plaintiffs Ryan Ung, Chi Cheng, and Alice Rosen ("Plaintiffs") and Defendant Facebook,

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Inc. ("Facebook") (collectively, the "Parties") hereby stipulate and agree to continue the upcoming

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Case Status Conference, currently scheduled for April 18, 2017, at 10:00 a.m., for approximately 30

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days, to May 23, 2017, at 10:00 a.m., or such other date and time convenient for the Court, in order

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to allow the parties time to further meet and confer regarding Plaintiffs' possible motion to fully or

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partially lift the stay and coordinate with the federal action.

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Pursuant to a July 3, 2012 order of the Court (the Honorable Joseph H. Huber), this action is

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United States District Court for the Northern District of California."

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The federal actions, coordinated in a multidistrict litigation ("MDL") pending before the

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Honorable Edward J. Davila, have been dismissed once without prejudice on October 23, 2015 and

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are awaiting a ruling on a second motion to dismiss that has been fully briefed and argued on April

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28, 2016. Some limited discovery has occurred while the motions to dismiss have been litigated,

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and discovery-related motions are pending before Judge Davila as well.

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Plaintiffs believe that it is time to revisit the basis for the original stay order from July 2012

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given that, from Plaintiff's perspective, the federal action has experienced multi-year delays and is

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still in the pleading stage almost five years later - a timefrarne that Plaintiffs believe was not

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contemplated by the Court or the parties at the time of the stay. Plaintiffs have informed Facebook

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that Plaintiffs may file a motion seeking a full or partial lifting of the stay and coordination on

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discovery with the federal actions. Plaintiffs have also notified the plaintiffs in the federal action of

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this possibility, and the federal plaintiffs recently wrote a letter to Facebook supporting such a

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request.

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Facebook states that although it will consider in good faith any rationale that Plaintiffs put

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forward, its current view is that the factors that necessitated the original stay, including the interests

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of comity and judicial economy and the need to avoid inconsistent rulings between courts in

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different jurisdictions, continue to apply until, as this Court previously ruled, the federal actions are

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concluded.

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STIPULATION AND [PROI.'_Q8_E_Ql_!)__RQ_JI:R.IO CONTINUE

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The Parties make this stipulated request for a short continuance in order to allow time for the

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Parties to meet and confer regarding this issue and whether motion practice will be necessary,

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before appearing before the Court at a status conference. Counsel for Facebook also will be out of

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town on the currently scheduled date for the status conference.

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For the Court's convenience, the parties provide the following summary of the key
procedural history in this action and the federal MDL:

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1.

This action, Case No. 112-cv-217244, was filed on January 24, 2012.

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2.

On March 16, 2012, Facebook filed a motion to stay this action ("Motion to Stay")

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Honorable Edward J. Davila in the United States District Court for the Northern District of

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California, captioned In re: Facebook Internet Tracking Litigation, No. 5:12-md-02314 ("federal

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MDL").

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3.

On March 23, 2012, Facebook filed a demurrer to Plaintiffs' complaint.

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4.

On May 11, 2012, the Court (the Honorable Joseph H. Huber) granted Facebook's

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Motion to Stay, staying all proceedings in this action until further order ofthe Court.
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On July 2, 2012, the Court (Judge Huber) issued an order sustaining in part and

overruling in part the demurrer.
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On July 3, 2012, the Court (Judge Huber) stayed all proceedings, except for the filing

of an amended complaint, pending the final outcome ofthe federal MDL. The Court's Order stated:

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The Court, having previously stayed this action until further order of
Court, now stays all proceedings, except for the filing of an amended
complaint after sustaining of a demurrer, pending the final outcome of the
related currently pending class actions in the United States District Court
for the Northern District of California captioned IN RE FACEBOOK
INTERNET TRACKING LITIGATION, No. 5:11 md 02314 EJD (N.D.
Cal.).

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7.

On July 31, 2012, Plaintiffs filed an amended complaint.

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8.

On February 21, 2013, the Parties appeared for a Case Status Conference.

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Thereafter, because this action is stayed, the Parties have stipulated to, and the Court has ordered,
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STIPULATION AND fPROPOSEDl ORDER TO CONTINUE

1 continuances of the subsequent Status Conferences, including most recently an approximately six2
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month continuance that continued the Status Conference to April 18, 2017.

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The federal MDL is ongoing. On October 23, 2015, the Court (Judge Davila) granted

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Facebook's Motion to Dismiss the federal MDL plaintiffs' Corrected First Amended Consolidated

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Class Action Complaint, dismissing some claims without leave to amend and some claims with

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leave to amend. The federal MDL plaintiffs filed a Second Amended Consolidated Complaint on

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December 1, 2015, and Facebook moved to dismiss on January 14, 2016. Briefing on the second

8 motion to dismiss was completed on March 10, 2016, and Judge Davila heard oral argument on the
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motion on April 28, 2016. The Court took Facebook's Motion to Dismiss under submission, and a

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decision has not yet been rendered. While the motions to dismiss were being litigated, the parties

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engaged in limited discovery. Two discovery-related motions are also fully briefed and pending

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before the Court: (1) Facebook's Motion for Protective Order Temporarily Staying Further

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Discovery Pending Resolution of Motion to Dismiss Second Amended Consolidated Complaint,

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and (2) Plaintiffs' Motion to Compel Discovery and to Compel Compliance with Protective Order.

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THEREFORE, THE PARTIES AGREE AS FOLLOWS, SUBJECT TO APPROVAL OF.
THE COURT:
The Case Status Conference currently scheduled for April 18, 2017, at 10:00 a.m., is

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appropriate.

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-4STIPULATION AND [PROPOSEDl·---·--· -----·- - · - CONTINUE
ORDER TO
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Dated: April 12, 2017
RICHMAN LAW GROUP

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Kim E. Richman
81 Prospect Street
Brooklyn, New York 11201
T: [phone]
F: [phone]
[e-mail]

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Attorney for Plaintiffs and the proposed class

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COOLEYLLP
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Matthew D. Brown
101 California Street, 51h Floor
San Francisco, CA 9411
T: [phone]
F: [phone]
[e-mail]

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Attorneys for Defendant Face book, Inc.

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Upon the stipulation of the parties, and good cause appearing, the Case Status Conference
currently scheduled for April18, 2017, at 10:00 a.m., is continued to May 23,2017, at 10:00 a.m.

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IT IS SO ORDERED.

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Judge Maureen A. Folan
JUDGE OF THE SUPERIOR COURT

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STIPULATIO~.A~!> JE.~Q~Q~J!L.Q.J!J~.¥~!0 CONTINUE