In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 24

*** POSTED IN ERROR *** please see - 25 MOTION to Withdraw (Attachments: # 1 Proposed Order)(Murphy, William) (Filed on 4/16/2012) Modified on 4/18/2012 (cv, COURT STAFF). Modified on 4/18/2012 (cv, COURT STAFF). Modified on 4/18/2012 (cv, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 William H. Murphy, Jr. billy.murphy@murphypa.com William H. Murphy III hassan.murphy@murphypa.com Tonya Osborne Baña tonya.bana@murphypa.com Kambon Williams kambon.williams@murphypa.com MURPHY, P.A. One South Street—23rd Floor Baltimore, MD 21202 Phone: (410) 539-6500 Fax: (410) 539-6599 Peter G. Angelos LAW OFFICES OF PETER G. ANGELOS 100 North Charles Street Baltimore, MD 21202 Phone: (410) 649-2000 Fax: (410) 659-1782 11 12 13 14 15 Eric H. Gibbs (State Bar No. 178658) ehg@girardgibbs.com David Stein (State Bar No. 257465) dks@girardgibbs.com GIRARD GIBBS LLP 601 California Street, Suite 1400 San Francisco, CA 94108 Phone: (415) 981-4800 Fax: (415) 981-4846 16 17 18 19 Attorneys for Plaintiffs Laura Maguire and Christopher Simon IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 20 21 22 IN RE: FACEBOOK INTERNET TRACKING LITIGATION No: 5:12-md-02314 EJD 23 24 MOTION FOR LEAVE TO WITHDRAW AS REPRESENTATIVE PLAINTIFF 25 26 27 28 MOTION FOR LEAVE TO WITHDRAW AS REPRESENTATIVE PLAINTIFF 1 2 Plaintiff Laura Maguire hereby files this motion for leave to withdraw as representative plaintiff, and in support thereof states as follows: 3 PROCEDURAL BACKGROUND 4 1. On February 17, 2012, Plaintiffs Laura Maguire and Christopher Simon filed the 5 6 7 action Laura Maguire, et al. v. Facebook, Inc., 5:12-cv-00807 EJD. 2. On March 13, 2012, the Court issued an Order relating the Maguire case to several 8 similar cases that had been related and transferred to the Court by the United States Judicial Panel 9 on Multidistrict Litigation or otherwise accepted as related by the Court. 10 11 3. On April 3, 2012, the Court issued an Order consolidating the related cases, including the Maguire case, in this putative class action In re: Facebook Internet Tracking 12 13 Litigation, 5:12-md-02314 EJD. The Court’s Order also appoints interim class counsel for the 14 putative class and sets deadlines for the filing of the Consolidated Amended Complaint and 15 Answer in the consolidated action. 16 17 18 MEMORANDUM OF POINTS AND AUTHORITIES 4. Plaintiff Maguire requests leave to withdraw as representative plaintiff because she no longer believes that she is capable of representing the interests of the class. 19 5. Rule 23(a)(4) of the Federal Rules of Civil Procedure requires a representative 20 21 plaintiff in a class action to “fairly and adequately protect the interests of the class.” See Fed. R. 22 Civ. P. 23(a)(4). 23 6. Rule 21 of the Federal Rules of Civil Procedure provides that “[o]n motion or on 24 its own, the court may at any time, on just terms, add or drop a party.” See Fed. R. Civ. P. 21. 25 Courts have routinely permitted plaintiffs to withdraw as representative plaintiffs “[t]o ensure that 26 reluctant plaintiffs do not jeopardize the interests of absent class members.” In re Currency 27 Conversion Fee Antitrust Litigation, 2004 WL 2453927, *1 (S.D.N.Y. Nov. 3, 2004). See also In 28 2 MOTION FOR LEAVE TO WITHDRAW AS REPRESENTATIVE PLAINTIFF 1 re Relafen Antitrust Litig., 218 F.R.D. 337 (D.Mass. 2003); Krim v. PcOrder.com, Inc., 210 2 F.R.D. 581 (W.D.Tex. 2002). 3 7. Undersigned counsel has conferred with counsel for Facebook and has been 4 authorized to state that Facebook will not oppose this motion. 5 CONCLUSION 6 7 8 For the foregoing reasons, Plaintiff Laura Maguire respectfully requests that the Court grant her motion for leave to withdraw as representative plaintiff. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Dated: April 16, 2012 MURPHY, P.A. /s/ William H. Murphy, Jr. William H. Murphy, Jr. William H. Murphy, Jr. billy.murphy@murphypa.com William H. Murphy III hassan.murphy@murphypa.com Tonya Osborne Baña tonya.bana@murphypa.com Kambon Williams kambon.williams@murphypa.com MURPHY, P.A. One South Street—23rd Floor Baltimore, MD 21202 Phone: (410) 539-6500 Fax: (410) 539-6599 Peter G. Angelos LAW OFFICES OF PETER G. ANGELOS 100 North Charles Street Baltimore, MD 21202 Phone: (410) 649-2000 Fax: (410) 659-1782 Eric H. Gibbs ehg@girardgibbs.com David Stein ds@girardgibbs.com GIRARD GIBBS LLP 601 California Street, Suite 1400 San Francisco, CA 94108 Phone: (415) 981-4800 Fax: (415) 981-4846 28 3 MOTION FOR LEAVE TO WITHDRAW AS REPRESENTATIVE PLAINTIFF 1 2 Attorneys for Plaintiffs Laura Maguire and Christopher Simon 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 MOTION FOR LEAVE TO WITHDRAW AS REPRESENTATIVE PLAINTIFF

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