In Re FACEBOOK INTERNET TRACKING LITIGATION
Filing
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*** 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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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
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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
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Attorneys for Plaintiffs
Laura Maguire and Christopher Simon
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
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IN RE: FACEBOOK INTERNET
TRACKING LITIGATION
No: 5:12-md-02314 EJD
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MOTION FOR LEAVE TO WITHDRAW
AS REPRESENTATIVE PLAINTIFF
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MOTION FOR LEAVE TO WITHDRAW
AS REPRESENTATIVE PLAINTIFF
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Plaintiff Laura Maguire hereby files this motion for leave to withdraw as representative
plaintiff, and in support thereof states as follows:
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PROCEDURAL BACKGROUND
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1.
On February 17, 2012, Plaintiffs Laura Maguire and Christopher Simon filed the
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action Laura Maguire, et al. v. Facebook, Inc., 5:12-cv-00807 EJD.
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On March 13, 2012, the Court issued an Order relating the Maguire case to several
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similar cases that had been related and transferred to the Court by the United States Judicial Panel
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on Multidistrict Litigation or otherwise accepted as related by the Court.
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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
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Litigation, 5:12-md-02314 EJD. The Court’s Order also appoints interim class counsel for the
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putative class and sets deadlines for the filing of the Consolidated Amended Complaint and
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Answer in the consolidated action.
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MEMORANDUM OF POINTS AND AUTHORITIES
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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.
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5.
Rule 23(a)(4) of the Federal Rules of Civil Procedure requires a representative
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plaintiff in a class action to “fairly and adequately protect the interests of the class.” See Fed. R.
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Civ. P. 23(a)(4).
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6.
Rule 21 of the Federal Rules of Civil Procedure provides that “[o]n motion or on
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its own, the court may at any time, on just terms, add or drop a party.” See Fed. R. Civ. P. 21.
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Courts have routinely permitted plaintiffs to withdraw as representative plaintiffs “[t]o ensure that
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reluctant plaintiffs do not jeopardize the interests of absent class members.” In re Currency
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Conversion Fee Antitrust Litigation, 2004 WL 2453927, *1 (S.D.N.Y. Nov. 3, 2004). See also In
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MOTION FOR LEAVE TO WITHDRAW
AS REPRESENTATIVE PLAINTIFF
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re Relafen Antitrust Litig., 218 F.R.D. 337 (D.Mass. 2003); Krim v. PcOrder.com, Inc., 210
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F.R.D. 581 (W.D.Tex. 2002).
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7.
Undersigned counsel has conferred with counsel for Facebook and has been
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authorized to state that Facebook will not oppose this motion.
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CONCLUSION
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For the foregoing reasons, Plaintiff Laura Maguire respectfully requests that the Court
grant her motion for leave to withdraw as representative plaintiff.
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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
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MOTION FOR LEAVE TO WITHDRAW
AS REPRESENTATIVE PLAINTIFF
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Attorneys for Plaintiffs Laura Maguire and
Christopher Simon
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MOTION FOR LEAVE TO WITHDRAW
AS REPRESENTATIVE PLAINTIFF
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