In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 25

MOTION to Withdraw as Representative Plaintiff filed by Laura Maguire. Responses due by 5/2/2012. Replies due by 5/9/2012. (Attachments: # 1 Proposed Order)(Murphy, William) (Filed on 4/18/2012)

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William H. Murphy, Jr.
[e-mail]
William H. Murphy III
[e-mail]
Tonya Osborne Baña
[e-mail]
Kambon Williams
[e-mail]
MURPHY, P.A.
One South Street—23rd Floor
Baltimore, MD 21202
Phone: [phone]
Fax: [phone]
Peter G. Angelos
LAW OFFICES OF PETER G. ANGELOS
100 North Charles Street
Baltimore, MD 21202
Phone: [phone]
Fax: [phone]

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Eric H. Gibbs (State Bar No. 178658)
[e-mail]
David Stein (State Bar No. 257465)
[e-mail]
GIRARD GIBBS LLP
601 California Street, Suite 1400
San Francisco, CA 94108
Phone: [phone]
Fax: [phone]

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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.
2.

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
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.

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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 18, 2012

MURPHY, P.A.
/s/ William H. Murphy, Jr.
William H. Murphy, Jr.
William H. Murphy, Jr.
[e-mail]
William H. Murphy III
[e-mail]
Tonya Osborne Baña
[e-mail]
Kambon Williams
[e-mail]
MURPHY, P.A.
One South Street—23rd Floor
Baltimore, MD 21202
Phone: [phone]
Fax: [phone]
Peter G. Angelos
LAW OFFICES OF PETER G. ANGELOS
100 North Charles Street
Baltimore, MD 21202
Phone: [phone]
Fax: [phone]
Eric H. Gibbs
[e-mail]
David Stein
[e-mail]
GIRARD GIBBS LLP
601 California Street, Suite 1400
San Francisco, CA 94108
Phone: [phone]
Fax: [phone]

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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