In Re FACEBOOK INTERNET TRACKING LITIGATION
Filing
36
Transcript of Proceedings held on 03/30/2012, before Judge Davila. Court Reporter/Transcriber Irene L. Rodriguez, Telephone number (408)947-8160. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Redaction Request due 6/15/2012. Redacted Transcript Deadline set for 6/25/2012. Release of Transcript Restriction set for 8/23/2012. (Rodriguez, Irene) (Filed on 5/25/2012)
1
IN THE UNITED STATES DISTRICT COURT
2
FOR THE NORTHERN DISTRICT OF CALIFORNIA
3
SAN JOSE DIVISION
4
5
IN RE:
6
INTERNET TRACKING
7
LITIGATION.
FACEBOOK
8
9
10
_______________________
)
)
)
)
)
)
)
)
)
)
)
C-10-00824-EJD
MARCH 30, 2012
PAGES 1 - 32
12
THE PROCEEDINGS WERE HELD BEFORE
13
THE HONORABLE UNITED STATES DISTRICT
14
JUDGE EDWARD J. DAVILA
15
A P P E A R A N C E S:
16
FOR THE PLAINTIFFS: HILLS, CLARK, MARTIN & PETERSON
BY: MICHAEL R. SCOTT
1221 SECOND AVENUE, SUITE 500
SEATTLE, WASHINGTON 9101
17
18
19
20
21
22
23
24
25
TOSTRUD LAW GROUP
BY: JON A. TOSTRUD
AVENUE OF THE STARS, SUITE 200
LOS ANGELES, CALIFORNIA 90067
GLANCY, BINKOW & GOLDBERG
BY: MARC L. GODINO
1925 CENTURY PARK EAST
SUITE 2100
LOS ANGELES, CALIFORNIA 90067
(APPEARANCES CONTINUED ON THE NEXT PAGE.)
OFFICIAL COURT REPORTER: IRENE RODRIGUEZ, CSR, CRR
CERTIFICATE NUMBER 8074
1
U.S. COURT REPORTERS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
A P P E A R A N C E S: (CONT'D)
FOR THE PLAINTIFFS:
BRONSTER HOSHIBATA
BY: MARGERY S. BRONSTER
2300 PAUAHI TOWER
1003 BISHOP STREET
HONOLULU, HAWAII 96813
KIESEL, BOUCHER & LARSON
BY: PAUL R. KIESEL
8648 WILSHIRE BOULEVARD
BEVERLY HILLS, CALIFORNIA
90211
WILLOUGHBY DOYLE
BY: CONAL DOYLE
433 NORTH CAMDEN DRIVE
SUITE 730
BEVERLY HILLS, CALIFORNIA
90210
SIANNI & STRAITE
BY: DAVID A. STRAITE
1201 N. ORANGE STREET
SUITE 740
WILM, DETROIT 19801
BARTIMUS, FRICKELTON,
ROBERTSON & GORNY
BY: MARY D. WINTER
THOMAS FRICKELTON
EDWARD D. ROBERTSON, III
EDWARD D. ROBERTSON, JR.
STEPHEN M. GORNY
11150 OVERBROOK ROAD
SUITE 200
LEAWOOD, KANSAS 66211
(APPEARANCES CONTINUED ON THE NEXT PAGE.)
25
2
U.S. COURT REPORTERS
1
A P P E A R A N C E S: (CONT'D)
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
FOR THE PLAINTIFFS:
BERGMANIS LAW FIRM
BY: ANDREW S. LYSKOWSKI
380 W. U.S. HIGHWAY 54
SUITE 201
P.O. BOX 229
CAMDENTON, MISSOURI 65020
BARNES & ASSOCIATES
BY: JAY O. BARNES
RANDALL O. BARNES
219 E. DUNKLIN STREET
SUITE A
JEFFERSON CITY, MISSOURI
65101
BRYANT LAW CENTER
BY: MARK P. BRYANT
601 WASHINGTON STREET
P.O. BOX 1876
PADUCAH, KENTUCKY 42002
GOLDENBERG, HELLER,
ANTOGNOLI & ROWLAND
BY: MARK C. GOLDENBERG
2227 SOUTH STATE ROUTE 157
P.O. BOX 959
EDWARDSVILLE, ILLINOIS
62025
ELIZABETH CUNNINGHAM THOMAS
BY: ELIZABETH THOMAS
P.O. BOX 8946
MISSOULA, MONTANA 59807
BISHOP, LONDON & DODDS
BY: ALICE LONDON
3701 BEE CAVE ROAD
SUITE 200
AUSTIN, TEXAS 78746
(APPEARANCES CONTINUED ON THE NEXT PAGE.)
3
U.S. COURT REPORTERS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A P P E A R A N C E S: (CONT'D)
FOR THE PLAINTIFFS:
MANDELL, SCHWARTZ &
BOISCLAIR
BY: HEATHER BONNET-HEBERT
ONE PARK ROW
PROVIDENCE, RHODE ISLAND
02903
BRONSTER HOSHIBATA
BY: ROBERT M. HATCH
2300 PAUGHI TOWER
1003 BISHOP STREET
HONOLULU, HAWAII 96813
BURNS, CUNNINGHAM & MACKEY
BY: PETER S. MACKEY
WILLIAM M. CUNNINGHAM, JR.
50 SAINT EMANUEL STREET
P.O. BOX 1583
MOBILE, ALABAMA 36633
MURPHY, FALCON, KUYKENDALL,
RAVENELL & MURPHY
BY: WILLIAM H. MURPHY, JR.
ONE SOUTH STREET, 23RD FLOOR
BALTIMORE, MARYLAND 21202
MEYER & LEONARD
BY: HENRY A. MEYER, III
116 E. SHERIDAN, SUITE 207
OKLAHOMA CITY, OKLAHOMA
73104
LAW OFFICE OF DAVID SHELTON
BY: DAVID SHELTON
P.O. BOX 2541
1223 JACKSON AVENUE E
SUITE 202
OXFORD, MISSISSIPPI 38655
(APPEARANCES CONTINUED ON THE NEXT PAGE.)
4
U.S. COURT REPORTERS
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
A P P E A R A N C E S: (CONT'D)
FOR THE PLAINTIFFS:
EICHEN, CRUTCHLOW, ZASLOW &
MCELROY
BY: BARRY R. EICHEN
40 ETHEL ROAD
EDISON, NEW JERSEY 08817
KEEFE BARTELS
BY: STEPHEN G. GRYGIEL
170 MONMOUTH STREET
RED BANK, NEW JERSEY 07701
HYMEL, DAVIS & PETERSEN
BY: JOSEPH E. BLACKWELL
10602 COURSEY BOULEVARD
BATON ROUGE, LOUISIANA 70816
METZ, BAILEY & MCLOUGHLIN
BY: MICHAEL K. FULTZ
33 EAST SCHROCK ROAD
WESTERVILLE, OHIO 43081
STRONG-GARNER-BAUER
BY: GRANT RAHMEYER
415 E. CHESTNUT EXPRESSWAY
SPRINGFIELD, MISSOURI 65802
BRIAN L. CAMPBELL
BY: BRIAN L. CAMPBELL
P.O. BOX 189
PEA RIDGE, ARIZONA 72751
(APPEARANCES CONTINUED ON THE NEXT PAGE.)
24
25
5
U.S. COURT REPORTERS
1
A P P E A R A N C E S: (CONT'D)
2
3
4
5
6
7
FOR DEFENDANT FACEBOOK:
COOLEY, GODWARD & KRONISH
BY: JEFFREY GUTKIN
MATTHEW D. BROWN
101 CALIFORNIA STREET
5TH FLOOR
SAN FRANCISCO, CALIFORNIA
94111
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
6
U.S. COURT REPORTERS
1
SAN JOSE, CALIFORNIA
2
P R O C E E E D I N G S
3
4
5
MARCH 30, 2012
(WHEREUPON, COURT CONVENED AND THE
FOLLOWING PROCEEDINGS WERE HELD:)
13:48:36
6
THE CLERK:
13:48:40
7
13:48:46
8
13:48:48
9
13:48:50
10
13:48:53
11
13:48:54
12
13:48:56
13
13:48:59
14
13:49:02
15
APPEARANCES, PLEASE.
13:49:05
16
RECORD.
13:49:05
17
13:49:09
18
13:49:13
19
13:49:15
20
CHIP ROBERTSON ON BEHALF OF THE THOMPSON
13:49:17
21
PLAINTIFFS.
13:49:17
22
THE COURT:
13:49:18
23
MR. ROBERTSON:
13:49:20
24
13:49:20
25
RE:
CALLING MDL ACTION 12-2314, IN
FACEBOOK INTERNET TRACKING LITIGATION.
THE COURT:
WHY DON'T I START WITH
WELCOMING YOU ALL HERE.
THANK YOU VERY MUCH.
I'M GLAD YOU GOT THROUGH OUR METAL
DETECTOR PROPERLY.
WE'RE NOT WAITING FOR ANYONE THAT WAS
DELAYED AT THE METAL DETECTOR I TRUST?
GOOD.
WELL, WHY DON'T WE BEGIN BY HAVING YOUR
WHY DON'T WE DO THAT FOR THE
SO LET ME AGAIN WELCOME YOU TO COURT.
AND WHO IS GOING TO BE BRAVE AND GO FIRST?
MR. ROBERTSON:
MAY IT PLEASE THE COURT,
THANK YOU.
THANK YOU.
GOOD
AFTERNOON.
THE COURT:
GOOD AFTERNOON.
7
U.S. COURT REPORTERS
13:49:22
1
MR. FRICKLETON:
YOUR HONOR, JIM
13:49:25
2
13:49:28
3
13:49:30
4
13:49:35
5
13:49:36
6
13:49:39
7
13:49:40
8
13:49:42
9
13:49:47
10
13:49:48
11
13:49:50
12
THE COURT:
13:49:53
13
MR. EICHEN:
13:49:54
14
MR. CUNNINGHAM:
13:49:54
15
HONOR.
13:49:58
16
PLAINTIFFS.
13:49:58
17
THE COURT:
13:50:00
18
MR. CUNNINGHAM:
13:50:01
19
13:50:04
20
THE COURT:
THANK YOU.
13:50:09
21
MR. GORNY:
GOOD AFTERNOON, YOUR HONOR.
13:50:09
22
I'M STEVE GORNY, AND I REPRESENT PLAINTIFF JOHN
13:50:12
23
GRAHAM.
13:50:12
24
THE COURT:
13:50:13
25
MS. BONNET-HEBERT:
FRICKLETON ALSO FOR THE THOMPSON PLAINTIFFS.
MR. STRAITE:
GOOD AFTERNOON, YOUR HONOR.
DAVID STRAITE ON BEHALF OF THE DAVIS PLAINTIFFS.
MR. KIESEL:
HONOR.
AND GOOD AFTERNOON, YOUR
PAUL KIESEL FOR THE DAVIS PLAINTIFFS.
MR. GRYGIEL:
GOOD AFTERNOON, YOUR HONOR.
STEVE GRYGIEL ON BEHALF OF THE DAVIS PLAINTIFFS.
THE COURT:
MR. EICHEN:
THANK YOU.
GOOD AFTERNOON.
GOOD AFTERNOON, YOUR HONOR.
BARRY EICHEN ON BEHALF OF THE DAVIS PLAINTIFFS.
HONOR.
THANK YOU.
GOOD AFTERNOON.
THANK YOU.
GOOD AFTERNOON, YOUR
WILLIAM H. MURPHY, JR., ON DAVIS
THANK YOU.
GOOD AFTERNOON.
GOOD AFTERNOON, YOUR
BILL CUNNINGHAM ON BEHALF OF PLAINTIFFS.
THANK YOU.
GOOD AFTERNOON.
GOOD AFTERNOON.
GOOD AFTERNOON, YOUR
8
U.S. COURT REPORTERS
13:50:19
1
HONOR.
HEATHER BONNET-HEBERT, AND I REPRESENT THE
13:50:23
2
STRAVATO PLAINTIFFS.
13:50:24
3
THE COURT:
13:50:28
4
MS. WINTER:
13:50:29
5
13:50:32
6
THE COURT:
THANK YOU.
13:50:37
7
MR. MEYER:
GOOD AFTERNOON, YOUR HONOR.
13:50:39
8
13:50:40
9
13:50:43
10
13:50:43
11
HONOR.
13:50:46
12
PLAINTIFFS.
13:50:46
13
THE COURT:
13:50:49
14
MR. BRYANT:
13:50:51
15
13:50:55
16
13:50:57
17
13:50:57
THANK YOU.
GOOD AFTERNOON.
GOOD AFTERNOON, YOUR HONOR.
MARY WINTER ON BEHALF OF THE THOMPSON PLAINTIFFS.
GOOD AFTERNOON.
HANK MEYER ON BEHALF OF THE THOMPSON PLAINTIFFS.
THE COURT:
THANK YOU.
MS. BRONSTER:
GOOD AFTERNOON.
GOOD AFTERNOON, YOUR
MARGERY BRONSTER ON BEHALF OF THE QUINN
THANK YOU.
GOOD AFTERNOON.
HELLO, YOUR HONOR.
I'M MARK
BRYANT ON BEHALF OF THE HOFFMAN PLAINTIFFS.
MR. DOYLE:
CONAL DOYLE ON BEHALF OF LANA
18
THE COURT:
GOOD AFTERNOON.
13:50:58
19
MR. ROBERTSON:
13:50:59
20
13:51:01
21
THE COURT:
13:51:03
22
MR. GOLDENBERG:
13:51:03
23
HONOR.
13:51:06
24
PLAINTIFFS.
13:51:06
25
BRKIC.
HONOR.
GOOD AFTERNOON, YOUR
EDWARD ROBERTSON ON BEHALF OF JOHN GRAHAM.
THANK YOU.
GOOD AFTERNOON, YOUR
MARK GOLDENBERG ON BEHALF OF THE
THE COURT:
THANK YOU.
GOOD AFTERNOON.
9
U.S. COURT REPORTERS
13:51:08
1
MS. LONDON:
GOOD AFTERNOON, YOUR HONOR.
13:51:09
2
ALICE LONDON.
13:51:13
3
SINGLEY WHO HAS A MOTION TO SUBSTITUTE IN SO THAT I
13:51:15
4
WILL BE REPRESENTING JANE PEDDICORD.
13:51:18
5
THE COURT:
THANK YOU.
13:51:21
6
MR. HATCH:
GOOD AFTERNOON, YOUR HONOR.
13:51:22
7
13:51:25
8
13:51:26
9
13:51:30
10
13:51:31
11
THE COURT:
13:51:34
12
MR. LYSKOWSKI:
13:51:35
13
HONOR.
13:51:37
14
PLAINTIFFS.
13:51:37
15
THE COURT:
13:51:39
16
MR. BARNES:
13:51:40
17
RANDALL BARNES ON BEHALF OF THE THOMPSON
13:51:42
18
PLAINTIFFS.
13:51:43
19
THE COURT:
THANK YOU.
13:51:43
20
MR. SCOTT:
GOOD AFTERNOON.
13:51:46
21
13:51:49
22
MR. MACKEY:
13:51:50
23
REPRESENTING PARRISH.
13:51:52
24
THE COURT:
13:51:53
25
MS. THOMAS:
I'M CURRENTLY HERE ON BEHALF OF MIKE
GOOD AFTERNOON.
ROBERT HATCH ON BEHALF OF THE QUINN PLAINTIFFS.
MR. STRAITE:
GOOD AFTERNOON, YOUR HONOR.
DAVID SHELTON FROM MISSISSIPPI AND HERE FOR
PLAINTIFF QUINN.
THANK YOU.
GOOD AFTERNOON.
GOOD AFTERNOON, YOUR
ANDREW LYSKOWSKI ON BEHALF OF THE THOMPSON
GOOD AFTERNOON.
GOOD AFTERNOON, YOUR HONOR.
GOOD AFTERNOON.
MICHAEL
SCOTT FOR THE PLAINTIFFS.
PETER MACKEY AND I'M HERE
THANK YOU.
GOOD AFTERNOON.
GOOD AFTERNOON, YOUR HONOR.
10
U.S. COURT REPORTERS
13:51:53
1
ELIZABETH THOMAS.
13:52:00
2
13:52:00
3
13:52:02
4
THE COURT:
13:52:06
5
MR. GODINO:
13:52:06
6
13:52:10
7
13:52:11
8
13:52:12
9
13:52:13
10
WHO REPRESENTS THE DEFENSE?
13:52:16
11
MR. BROWN:
13:52:17
12
13:52:21
13
THE COURT:
THANK YOU.
13:52:23
14
MR. BROWN:
AND I MIGHT ADD BEFORE WE
13:52:25
15
MAKE OUR APPEARANCE, WE ALSO HAVE SANDEEP,
13:52:30
16
S-A-N-D-E-E-P, SOLANKI, S-O-L-A-N-K-I, FOR THE
13:52:35
17
COMPANY AND HE'S NOT MAKING AN APPEARANCE.
13:52:37
18
THE COURT:
13:52:40
19
MR. GUTKIN:
13:52:41
20
JEFF GUTKIN ALSO FROM COOLEY AND ALSO APPEARING FOR
13:52:45
21
FACEBOOK.
13:52:45
22
THE COURT:
13:52:47
23
AND WE HAVE SOME APPEARANCES
13:52:48
24
13:52:51
25
MR. BARNES:
GOOD AFTERNOON, YOUR HONOR.
JAY BARNES ON BEHALF OF THE THOMPSON PLAINTIFFS.
GOOD AFTERNOON.
MARC GODINO ON BEHALF OF THE
PLAINTIFF.
MR. TOSTRUD:
JOHN TOSTRUD ON BEHALF OF
THE KHANG PLAINTIFFS.
THE COURT:
THANK YOU.
GOOD AFTERNOON.
IT'S FINALLY MY TURN.
MATTHEW BROWN WITH COOLEY FOR FACEBOOK.
THANK YOU FOR BEING HERE.
GOOD AFTERNOON, YOUR HONOR.
THANK YOU.
GOOD AFTERNOON.
TELEPHONICALLY.
DO WE HAVE ANY APPEARANCES
11
U.S. COURT REPORTERS
13:52:52
1
TELEPHONICALLY?
13:52:55
2
13:52:56
3
13:52:58
4
THE COURT:
13:53:01
5
MR. BLACKWELL:
13:53:01
6
13:53:03
7
THE COURT:
13:53:06
8
MR. CAMPBELL:
13:53:07
9
13:53:13
10
13:53:15
11
13:53:16
12
13:53:17
13
13:53:19
14
13:53:22
15
THERE ANY PRO SE PLAINTIFFS PRESENT IN THE
13:53:25
16
COURTROOM?
13:53:33
17
13:53:36
18
I WOULD LIKE TO ACCOMPLISH WITH ALL OF YOU AND WITH
13:53:38
19
ALL OF YOUR ASSISTANCE.
13:53:39
20
13:53:42
21
IS TO TREAT THE TWO GROUPS OF CASES SEPARATELY,
13:53:44
22
THAT IS, THE MDL AND THE RELATED TAG-ALONG CASES
13:53:51
23
AND THE PRO SE CASES.
13:53:53
24
SEPARATELY FOR PURPOSES OF THIS AFTERNOON.
13:53:55
25
MR. RAHMEYER:
GRANT RAHMEYER ON BEHALF
OF PLAINTIFF STEPHANIE CAMPBELL.
THANK YOU.
GOOD AFTERNOON.
JOSEPH BLACKWELL ON
BEHALF OF PLAINTIFF JANET SEAMON.
THANK YOU.
GOOD AFTERNOON.
BRIAN CAMPBELL ON BEHALF
OF STEPHANIE CAMPBELL.
MR. FULTZ:
MICHAEL FULTZ ON BEHALF OF
PATRICK MALONEY.
THE COURT:
EVERYONE.
THANK YOU.
GOOD AFTERNOON
I THINK THAT'S EVERYONE TELEPHONICALLY.
GREAT.
ARE THERE ANY -- LET ME ASK, ARE
I SEE OR HEAR NO RESPONSE.
LET ME TALK JUST FOR A MOMENT ABOUT WHAT
WHAT I THOUGHT I WOULD DO THIS AFTERNOON
I WANT TO TREAT THOSE
WHAT I INTEND TO DO IS, AS IS NECESSARY,
12
U.S. COURT REPORTERS
13:53:58
1
WE'LL COORDINATE PROCEEDINGS BETWEEN THESE TWO
13:54:01
2
GROUPS OF CASES SO AS TO, I'M SURE YOU'RE ALL
13:54:04
3
INTERESTED IN TO PROMOTE EFFICIENCY FOR ALL OF YOUR
13:54:07
4
CLIENTS AND THE PARTIES IN THE COURTROOM.
13:54:09
5
13:54:12
6
WHICH IS WHAT I CONSIDER THIS TO BE, I'D LIKE TO
13:54:16
7
ADDRESS THE MDL CASES AND THEN I'LL LOOK
13:54:19
8
SECONDARILY TO THE PRO SE CASES AND WE'LL TALK
13:54:25
9
ABOUT WHAT WE'LL DO WITH THOSE.
13:54:26
10
13:54:28
11
1:52 IN THE AFTERNOON AND THIS MATTER WAS
13:54:31
12
CALENDARED FOR 1:30.
13:54:35
13
APPEARANCES.
13:54:35
14
13:54:40
15
PLAINTIFFS PRESENT IN THE COURTROOM?
13:54:42
16
NO RESPONSE.
13:55:00
17
13:55:02
18
LIKE TO HANDLE THIS MDL CASE IN PERHAPS FOUR PHASES
13:55:05
19
INITIALLY, AND I'D LIKE TO ARTICULATE THOSE FOR
13:55:08
20
YOU.
13:55:09
21
13:55:10
22
ISSUES OF CONSOLIDATION, APPOINTMENT OF INTERIM
13:55:14
23
LEAD COUNSEL FOR THE CLASS;
13:55:19
24
13:55:22
25
NOW, FIRST, FOR OUR CMC THIS AFTERNOON,
THE RECORD SHOULD REFLECT, HOWEVER, IT IS
ALL PARTIES HAVE MADE THEIR
AGAIN, ARE THERE ANY PRO SE PARTIES,
THE COURT:
ALL RIGHT.
I SEE OR HEAR
THANK YOU.
I'D
FIRST OF ALL, I'D LIKE TO DEAL WITH THE
NEXT I'D LIKE TO MOVE TO PHASE 2, WHICH
WOULD INVOLVE INITIAL CASE SCHEDULE; AND,
13
U.S. COURT REPORTERS
13:55:24
1
WE WOULD MOVE TO PHASE 3 INVOLVING MOTION
13:55:27
2
13:55:28
3
13:55:31
4
PRETRIAL AND ANY TRIAL SCHEDULING ISSUES THAT ARE
13:55:37
5
ATTENDANT THERETO.
13:55:38
6
13:55:41
7
DISCUSS THE PHASE 1, THE PHASE 1 ISSUE AND THIS IS
13:55:45
8
REGARDING SPECIFICALLY THE CONSOLIDATION MOTION.
13:55:47
9
13:55:49
10
CASE FILED A MOTION TO CONSOLIDATE, AND I DO HAVE
13:55:54
11
THAT IN MY FILE AND I'M ASSUMING THAT ALL PARTIES
13:55:57
12
HAVE RECEIVED THAT AS WELL.
13:55:58
13
13:56:00
14
OBJECTIONS TO THE MOTION REGARDING CONSOLIDATION?
13:56:07
15
DOES ANYONE HAVE ANY MOTION I SHOULD HEAR FROM YOU
13:56:09
16
NOW?
13:56:16
17
13:56:18
18
CONSOLIDATE THE CASES AND THE ORDER THAT I WILL
13:56:21
19
ISSUE INVOLVED IN THE DAVIS MOTION.
13:56:24
20
NOW, THE SECOND ISSUE I'D LIKE TO TALK
13:56:26
21
ABOUT IS ONE THAT MIGHT BE OF INTEREST TO ALL OF
13:56:31
22
YOU AND THAT IS THE APPOINTMENT OF AN INTERIM LEAD
13:56:34
23
COUNSEL.
13:56:34
24
13:56:36
25
PRACTICE AND DISCOVERY;
AND THEN PHASE 4, WHICH WOULD INVOLVE
NOW, THIS AFTERNOON, I WOULD LIKE TO
I BELIEVE THE PLAINTIFFS IN THE DAVIS
LET ME ASK AT THIS TIME ARE THERE ANY
I SEE OR HEAR NO RESPONSE.
WHAT I INTEND TO DO THEN IS TO
NOW, I BELIEVE THAT PLAINTIFFS IN THE
DAVIS CASE FILED A PROPOSAL FOR THE APPOINTMENT OF
14
U.S. COURT REPORTERS
13:56:41
1
INTERIM LEAD COUNSEL AND A RELATED STRUCTURE OF
13:56:44
2
THAT PROCESS.
13:56:45
3
13:56:50
4
PLAINTIFFS IN THE KHANG AND THAT'S AT 12-825 AND
13:56:55
5
POSSIBLY PLAINTIFFS IN 12-37, MAY NOT CONCUR IN
13:57:01
6
THAT PROCESS.
13:57:02
7
ARE THOSE PARTIES HERE?
13:57:02
8
MR. GODINO:
13:57:07
9
13:57:09
10
13:57:10
11
13:57:11
12
ELSE?
13:57:14
13
BEG YOUR PARDON?
13:57:21
14
ANYONE SPEAKING FOR THAT?
13:57:26
15
MR. STRAITE:
13:57:28
16
HE DID NOT OPPOSE THE STRUCTURE AND I SPOKE WITH
13:57:30
17
HIM AND HE SAID HE WOULD BE HERE THIS AFTERNOON,
13:57:32
18
AND I DON'T KNOW WHY HE IS NOT HERE AND -- BUT HE
13:57:36
19
AUTHORIZED US TO SAY THAT HE DID NOT OPPOSE THE
13:57:38
20
STRUCTURE.
13:57:39
21
THE COURT:
13:57:40
22
MR. STRAITE:
13:57:48
23
MR. KIESEL:
13:57:49
24
MR. BROWN:
13:57:52
25
I THINK THERE WAS REFERENCE TO THE
YES, YOUR HONOR.
MARC
GODINO, AND WE DO NOT OPPOSE THE LEADERSHIP
STRUCTURE.
THE COURT:
OKAY.
THANK YOU.
ANYONE
I'M SORRY, YOU WERE WITH WHAT CASE, SIR?
I
COUNSEL FOR CAROL, HE SAID
CAN YOU IDENTIFY HIM?
HIS NAME WAS CAROL.
AND THAT WAS DAVID STRAITE.
MATTHEW BROWN FOR FACEBOOK.
WE DO NOT TAKE ANY POSITION ON STRUCTURE, BUT WE DO
15
U.S. COURT REPORTERS
13:57:56
1
SUPPORT CONSOLIDATION, HOWEVER.
13:57:58
2
13:57:59
3
13:58:01
4
13:58:05
5
REQUESTED AND THAT IS CONSOLIDATING THE CASES AND
13:58:08
6
YOU'LL RECEIVE THAT.
13:58:10
7
13:58:14
8
LIKE TO TALK ABOUT THE FILING OF A CONSOLIDATED
13:58:17
9
COMPLAINT.
13:58:19
10
13:58:20
11
INTERRUPT.
13:58:32
12
STRAITE, COUNSEL FOR THE DAVIS PLAINTIFFS AND
13:58:34
13
PROPOSED INTERIM LEAD COUNSEL.
13:58:35
14
13:58:38
15
THE PROPOSED STRUCTURE, WHICH INCLUDES THREE FORMER
13:58:42
16
STATE ATTORNEYS GENERAL.
13:58:45
17
STRUCTURE IS BEST MODIFIED TO INCLUDE A FOURTH
13:58:49
18
FORMER STATE AG, AND I DON'T BELIEVE THAT YOU WILL
13:58:52
19
HAVE ANY OBJECTION FROM ANYONE IN THE ROOM IF
13:58:54
20
THAT'S OKAY WE WOULD LIKE TO MODIFY THE ORDER.
13:58:56
21
13:58:57
22
13:58:59
23
MR. STRAITE:
13:59:01
24
MS. BRONSTER:
13:59:04
25
THE COURT:
THE COURT:
THANK YOU FOR THAT.
I
APPRECIATE THAT AND I THANK ALL OF YOU THEN.
I WILL ISSUE AN ORDER GRANTING THE RELIEF
THE NEXT QUESTION THAT COMES UP IS I'D
MR. STRAITE:
YOUR HONOR, I'M SORRY TO
MAY I -- WE FILED -- YOUR HONOR, DAVID
WE FILED THE MOTION A FEW DAYS AGO WITH
THE COURT:
WE NOW BELIEVE THAT THE
ALL RIGHT.
DO YOU WANT TO
IDENTIFY THAT INDIVIDUAL?
YES, PLEASE STAND.
I'M MARGERY BRONSTER.
THANK YOU.
16
U.S. COURT REPORTERS
13:59:05
1
MS. BRONSTER:
AND THAT'S SPELLED
13:59:07
2
13:59:08
3
13:59:12
4
IS THAT THE ONLY MODIFICATION THEN TO YOUR PROPOSED
13:59:15
5
STRUCTURE?
13:59:16
6
13:59:16
7
HAVE THE DATES THAT WE LEFT BLANK IN THE PROPOSED
13:59:19
8
ORDER BUT OTHERWISE THE STRUCTURE IS AS WE PROPOSE.
13:59:22
9
13:59:23
10
REPRESENTATIVE BODY HERE, IS THERE ANY OBJECTION TO
13:59:25
11
THAT ADDITION?
13:59:29
12
THANK YOU.
13:59:33
13
13:59:35
14
CONSOLIDATED COMPLAINT THEN AND MAY I HAVE YOUR
13:59:37
15
THOUGHTS ON THAT?
13:59:40
16
13:59:45
17
KIESEL FOR THE DAVIS PLAINTIFFS.
13:59:47
18
AGGRESSIVE SCHEDULE AND THE LESS AGGRESSIVE
13:59:50
19
SCHEDULE.
13:59:53
20
30 DAYS WE WOULD PROPOSE TO FILE A CONSOLIDATED
13:59:56
21
COMPLAINT AND THAT WOULD BE AN APRIL 27TH DATE FOR
13:59:59
22
THE FILING OF THAT.
14:00:00
23
14:00:02
24
AGGRESSIVE SCHEDULE WE COULD DO MAY 29TH.
14:00:05
25
OUR PREFERENCE WOULD BE TO DO AN EARLIER SCHEDULE.
B-R-O-N-S-T-E-R.
THE COURT:
ALL RIGHT.
MS. BRONSTER:
THE COURT:
THANK YOU.
CORRECT.
AND
OF COURSE WE
AND LET ME ASK THE
I SEE OR HEAR NONE.
SO ALL RIGHT.
LET ME ASK ABOUT THE FILING OF A
MR. KIESEL:
WE DO, YOUR HONOR.
PAUL
WE HAVE AN
THE LESS AGGRESSIVE SCHEDULE WOULD BE IN
IF THE COURT WANTED TO GO ON A LESS
I THINK
17
U.S. COURT REPORTERS
14:00:07
1
SO IF YOU ASKED WHEN WE COULD DO IT, WE COULD HAVE
14:00:10
2
IT DONE WITHIN 30 DAYS, YOUR HONOR.
14:00:12
3
14:00:14
4
14:00:15
5
14:00:21
6
SO THAT COMES AS A LITTLE BIT OF A SURPRISE TO ME
14:00:23
7
BECAUSE WE HAD MET AND CONFERRED IN THE COURSE OF
14:00:26
8
PREPARING THE JOINT CASE MANAGEMENT STATEMENT AND I
14:00:28
9
THOUGHT THAT THE POSITION THAT THE PARTIES HAD ALL
14:00:31
10
UNIFORMLY COME TO IS THAT THE PROPOSAL WOULD BE
14:00:35
11
60 DAYS FROM THE DATE OF THE APPOINTMENT OF INTERIM
14:00:37
12
LEAD COUNSEL WOULD BE THE DEADLINE FOR THE FILING
14:00:40
13
OF THE CONSOLIDATED COMPLAINT AND THEN THERE WOULD
14:00:43
14
BE A 60-DAY PERIOD FOR FACEBOOK TO FILE ITS
14:00:46
15
RESPONSE TO THE COMPLAINT AFTER THAT.
14:00:48
16
THE COURT:
14:00:50
17
COLLEAGUE OPPOSITE ABOUT THAT.
14:00:52
18
14:00:55
19
THE 60 DAYS WAS MORE -- IT SEEMED LIKE IT COULD BE
14:00:58
20
DONE MUCH SOONER THAN 60 DAYS TO GET OUR
14:01:01
21
CONSOLIDATED COMPLAINT ON FILE.
14:01:03
22
DIDN'T WANT TO TAKE MORE TIME FROM YOU TO RESPOND
14:01:06
23
TO IT THOUGH WE FELT WE COULD GET IT DONE FASTER,
14:01:09
24
THOUGH WE'RE HAPPY TO TAKE 60 DAYS.
14:01:12
25
COULD GET IT DONE SOONER, THAT'S ALL.
THE COURT:
I SEE.
ALL RIGHT.
THANK
MR. BROWN:
MATTHEW BROWN FOR FACEBOOK.
YOU.
MR. KIESEL:
AND YOU SHOULD ASK YOUR
YOUR HONOR, PAUL KIESEL.
WE CERTAINLY
I THOUGHT WE
18
U.S. COURT REPORTERS
14:01:14
1
THE COURT:
WAS THERE ANY OBJECTION TO
14:01:15
2
14:01:19
3
14:01:20
4
CAN GET IT ON FILE WITHIN 30 DAYS, AS LONG AS WE
14:01:24
5
CAN STILL HAVE THE 60 DAYS TO FILE THE RESPONSE,
14:01:26
6
THAT WOULD BE ACCEPTABLE TO US.
14:01:27
7
14:01:29
8
14:01:31
9
14:01:33
10
WE DISCUSSED WITH COUNSEL FOR FACEBOOK WHAT THE
14:01:35
11
SCHEDULE WOULD BE AND THE 60 DAYS WAS CONTEMPLATED
14:01:38
12
AS THE OUTSIDE LIMIT AND YOU'LL SEE THAT'S IN THE
14:01:40
13
JOINT CMC STATEMENT.
14:01:42
14
THE 60 DAYS FOR EACH SIDE.
14:01:44
15
14:01:47
16
MORE AGGRESSIVE SCHEDULE, WHICH WE HAVE NO PROBLEM
14:01:50
17
WITH, THAT WOULD IMPLY THAT THEY WOULD HAVE TO FILE
14:01:59
18
THEIR RESPONSE IN 30 DAYS AS WELL.
14:02:02
19
IMPROPER FOR US TO FILE THE AMENDED COMPLAINT
14:02:04
20
WITHIN 30 DAYS BUT THEN THEY WOULD HAVE TO HAVE
14:02:07
21
60 DAYS TO FILE THEIR MOTION TO DISMISS.
14:02:09
22
14:02:11
23
YOUR HONOR.
14:02:13
24
SINCE WE HAD A SPECIFIC CONVERSATION ABOUT THIS AND
14:02:15
25
THE LANGUAGE IN THE JOINT CASE MANAGEMENT STATEMENT
THE ACCELERATED SCHEDULE?
MR. BROWN:
THE COURT:
NO.
IF THEY FEEL LIKE THEY
IS THERE ANY OBJECTION TO THE
60-DAY RESPONSIVE TIME?
MR. STRAITE:
WE WOULD OBJECT TO THAT.
THERE'S NOTHING WRONG WITH
HOWEVER, IF WE WERE TO BE HELD TO OR A
MR. BROWN:
IT WOULD BE
THIS IS OBVIOUSLY UP TO YOU,
I WAS A LITTLE BIT TAKEN BY SURPRISE
19
U.S. COURT REPORTERS
14:02:18
1
WAS DISCUSSED AND REVISED AND THAT'S WHAT I THOUGHT
14:02:20
2
WE AGREED TO, BUT IT'S OBVIOUSLY UP TO YOU, YOUR
14:02:23
3
HONOR.
14:02:23
4
14:02:24
5
MUCH.
14:02:28
6
TO FILE THIS COMPLAINT WITHIN 30 DAYS, AND I ALSO
14:02:32
7
APPRECIATE THE FACT THAT YOU WOULD LIKE YOUR
14:02:35
8
COLLEAGUE OPPOSITES TO RESPOND IN THE SAME TIME
14:02:37
9
PERIOD.
14:02:44
10
WE HAVE EVERYTHING WE NEED AT LEAST AS BEST AS
14:02:46
11
POSSIBLE IN THE INITIAL PLEADINGS.
14:02:47
12
14:02:51
13
FILING.
14:02:55
14
CAN FILE THIS CONSOLIDATED SOONER.
14:02:58
15
14:02:59
16
14:03:00
17
14:03:02
18
IT SOONER?
14:03:06
19
PROBABLY FILE ON OR ABOUT THE 60TH DAY TO MAKE SURE
14:03:11
20
THAT WE HAVE THE MOST COMPLETE COMPLAINT THAT WE
14:03:14
21
CAN.
14:03:21
22
14:03:23
23
14:03:24
24
MR. BROWN:
NO, YOUR HONOR.
14:03:34
25
THE COURT:
ALL RIGHT.
THE COURT:
OKAY.
WELL, THANK YOU VERY
I APPRECIATE THE FACT THAT YOU'RE PREPARED
I'D LIKE TO GET THIS CASE STARTED OFF SO
SO I'M INCLINED TO ALLOW THE 60-DAY
HOWEVER, YOU CAN FILE YOURS SOONER.
MR. STRAITE:
YOU
YES, YOUR HONOR, WE CAN IN
THE SENSE THAT WE'RE ABLE TO.
IS IT THE COURT'S PREFERENCE THAT WE FILE
IF WE HAVE A 60-DAY SCHEDULE, WE WOULD
THE COURT:
ANYTHING ELSE FROM THE
DEFENSE ABOUT THIS?
SO THANK YOU VERY
20
U.S. COURT REPORTERS
14:03:37
1
MUCH.
WELL, I WOULD LIKE YOU TO FILE THIS
14:03:38
2
CONSOLIDATED COMPLAINT WITHIN 45 DAYS.
14:03:43
3
THAT WAS COMING, DIDN'T YOU?
14:03:44
4
MR. KIESEL:
14:03:58
5
THE COURT:
14:04:00
6
14:04:01
7
14:04:03
8
AN ORDER THAT HAS ANOTHER CMC SCHEDULE WHERE WE'LL
14:04:06
9
TAKE UP THE PHASE 2 ISSUES THAT I TALKED ABOUT,
14:04:09
10
WHICH WOULD INCLUDE THE INITIAL CASE SCHEDULING AND
14:04:14
11
THOSE ISSUES ATTENDANT.
14:04:18
12
BEFORE ANYONE LEAVES, I DO WANT TO TAKE
14:04:21
13
UP THE PRO SE CASES BECAUSE I THINK THAT HAS SOME
14:04:23
14
IMPACT ON WHAT ALL OF YOU ARE DOING AS WELL.
14:04:26
15
14:04:29
16
INDIVIDUALS PRESENT IN THIS LITIGATION IN THE
14:04:35
17
COURTROOM?
14:04:38
18
TWO MINUTES AFTER 2:00 AND THIS IS THE 1:30 CALLING
14:04:41
19
OF THIS CALENDAR.
14:04:42
20
COUNSEL, DO YOU WISH TO BE HEARD?
14:04:44
21
MR. BROWN:
14:04:51
22
THINK ONE OF THE ISSUES THAT WAS TEED UP IN THE
14:04:53
23
CASE MANAGEMENT STATEMENT THAT WE FILED WAS JUST A
14:04:55
24
TIMING OF THE RESPONSE TO THE VARIOUS COMPLAINTS.
14:04:57
25
I GUESS WHAT I WOULD PROPOSE IS THAT WE
YOU KNEW
YEAH.
AND THERE WILL BE A 45-DAY
OPPORTUNITY TO RESPOND.
AND WHAT I WILL DO NEXT IS I WILL ISSUE
AGAIN, LET ME ASK, ARE THERE ANY PRO SE
I SEE OR HEAR NO RESPONSE.
IT'S NOW
WELL, ON THE PRO SE CASES, I
21
U.S. COURT REPORTERS
14:05:03
1
BE ALLOWED TO FILE ONE RESPONSE TO ALL OF THE PRO
14:05:12
2
SE COMPLAINTS, ALL OF THE OPERATIVE COMPLAINTS.
14:05:16
3
14:05:18
4
SENSE, AND I'LL BE HAPPY TO EXPLAIN MY THINKING
14:05:21
5
MORE ON THIS, BUT IT SEEMS TO ME TO MAKE MORE SENSE
14:05:24
6
IF WE FILE A RESPONSE TO THE CONSOLIDATED MDL
14:05:28
7
COMPLAINT FIRST AND THEN HAVE OUR RESPONSE TO THE
14:05:30
8
PRO SE COMPLAINTS JUST TRAIL THAT BY A LITTLE BIT,
14:05:34
9
WHETHER IT'S TWO WEEKS OR SOMETHING LIKE THAT.
14:05:37
10
JUST -- IT SEEMS TO ME TO KIND OF MAKE LOGICAL
14:05:40
11
SENSE AND FROM AN EFFICIENCY STANDPOINT MAKE THE
14:05:43
12
MOST SENSE.
14:05:44
13
14:05:46
14
OBSERVE THAT ONE OF THE PRO SE CASES WAS PREVIOUSLY
14:05:49
15
VENUED WITH MY COLLEAGUE IN SAN FRANCISCO, JUDGE
14:05:52
16
WHITE, AND HE HAD ISSUED AN ORDER.
14:05:57
17
THE NAME OF THAT PERSON IN FRONT OF ME JUST NOW.
14:05:59
18
14:06:01
19
IN FRONT OF HIM ORDERING THAT PLAINTIFF TO FILE
14:06:05
20
PLEADINGS BY A DATE CERTAIN AND IN ABSENCE OF THAT
14:06:08
21
HE INDICATED IN HIS ORDER THAT HE WAS GOING TO
14:06:11
22
DISMISS THAT COMPLAINT.
14:06:13
23
14:06:16
24
YESTERDAY I BELIEVE IT WAS.
14:06:20
25
ORDER DISMISSING THE COMPLAINT FOR LACK OF
AND IT SEEMS TO ME WHAT PROBABLY MAKES
THE COURT:
THANK YOU FOR THAT.
I
I SHOULD
I DON'T HAVE
HE HAD ISSUED AN ORDER WHEN THE CASE WAS
THE MATTER WAS TRANSFERRED TO ME
I FILED AND SIGNED THE
22
U.S. COURT REPORTERS
14:06:21
1
COMPLIANCE WITH JUDGE WHITE'S ORDER.
14:06:23
2
14:06:26
3
THIS MATTER, WHAT I INTEND TO DO, WHEN I LOOK AT
14:06:31
4
THE FILES HERE, IT SEEMS THAT THE PLAINTIFFS, PRO
14:06:34
5
SE PLAINTIFFS HAVE FAILED TO FILE CASE MANAGEMENT
14:06:36
6
CONFERENCE STATEMENTS AS REQUIRED BY LOCAL RULES.
14:06:41
7
14:06:43
8
14:06:46
9
14:06:48
10
INDIVIDUALS IS TO ISSUE AN OSC IN RE: DISMISSAL FOR
14:06:52
11
FAILURE TO PROSECUTE ALL OF THOSE CASES IN WHICH
14:06:55
12
THE PLAINTIFFS HAVE FAILED TO APPEAR AND THEN WE'LL
14:06:57
13
SET THOSE DATES AND SEND THOSE NOTICES OUT
14:07:00
14
ACCORDINGLY AND YOU, OF COURSE, WILL BE NOTIFIED
14:07:04
15
ABOUT THOSE AS WELL.
14:07:05
16
14:07:07
17
TODAY.
14:07:10
18
CASE -- AND, I'M SORRY, I DON'T HAVE THE NAME IN
14:07:12
19
FRONT OF ME.
14:07:15
20
MR. BROWN:
I BELIEVE THAT WAS MCCLINTON.
14:07:17
21
THE COURT:
YES.
14:07:19
22
TO PROCEED AS TO THOSE CASES.
14:07:22
23
DEVELOPS AND WHETHER OR NOT, FIRST OF ALL, IF THERE
14:07:25
24
ARE APPEARANCES, AND IF THERE ARE APPEARANCES, WHAT
14:07:28
25
THOSE PARTIES INTEND TO DO IN RESPONSE TO THEIR
NOW, AS TO THE BALANCE OF THE PRO SES IN
I ALSO NOTE TODAY THAT THEY FAILED TO
APPEAR.
NONE OF THEM HAVE APPEARED THIS AFTERNOON.
SO WHAT I INTEND TO DO AS TO THOSE
THAT'S ALL I CAN DO WITH THOSE CASES
AS I SAID, I TOOK THAT ACTION ON THE OTHER
SO THAT'S HOW I INTEND
WE'LL SEE WHAT
23
U.S. COURT REPORTERS
14:07:31
1
LAWSUITS AND WE'LL TAKE ACTION ACCORDINGLY.
14:07:34
2
MR. BROWN:
OKAY.
14:07:34
3
THE COURT:
OKAY.
14:07:35
4
MR. BROWN:
SO AT THIS TIME IS IT FAIR TO
14:07:37
5
SAY -- I THINK IT'S FAIR TO SAY THAT WE HAVE A
14:07:40
6
NUMBER OF DEADLINES IN THOSE CASES, MAYBE ALL CASES
14:07:42
7
NOW EXCEPT FOR ONE THAT HAVE BEEN EXTENDED OUT TO
14:07:45
8
APRIL 30TH, IF I'M RECALLING CORRECTLY FOR THE
14:07:48
9
RESPONSE DEADLINE.
14:07:49
10
14:07:52
11
14:07:54
12
THE COURT:
YOUR RESPONSE DEADLINE?
14:07:56
13
MR. BROWN:
YES.
14:07:57
14
THE COURT:
RIGHT.
14:07:59
15
SET OSC'S SHORTLY, AND I DON'T KNOW THE TIME
14:08:02
16
REQUIRED JUST YET.
14:08:04
17
IN A COUPLE OF WEEKS BEFORE YOUR RESPONSE DEADLINE
14:08:07
18
I THINK IS WHAT I WOULD LIKE TO DO.
14:08:08
19
14:08:10
20
14:08:12
21
14:08:15
22
PRAGMATIC CONCERN THAT EVEN IF THE OSC GETS SET
14:08:19
23
EVEN 14 DAYS FROM NOW, THEN WE'RE GETTING ABOUT
14:08:22
24
14 DAYS OUT FROM OUR RESPONSE DEADLINE AND YOU
14:08:24
25
ALMOST HAVE TO START WORKING ON THEM AT THAT POINT,
DOES THAT RESPONSE DEADLINE AT THIS
POINT, IS THAT -- DOES THAT STAND?
IS IT VACATED?
WELL, I'M GOING TO
I BELIEVE IT WILL BE PROBABLY
BUT I'M NOT GOING TO REQUIRE THAT YOU
RESPOND TO ANY OF THOSE COMPLAINTS.
MR. BROWN:
OKAY.
YEAH, IT'S MY
24
U.S. COURT REPORTERS
14:08:26
1
AND IT SEEMS LIKE IT COULD BE A WASTED EFFORT IF
14:08:29
2
PEOPLE ARE NOT GOING TO BE MAKING APPEARANCES IN
14:08:31
3
RESPONSE TO THE OSC.
14:08:33
4
THE COURT:
14:08:36
5
AN INDICATION THAT THE COURT IS NOT GOING TO HOLD
14:08:38
6
YOU TO THAT STAY AND RESPONSE TIME PENDING ANY
14:08:40
7
FURTHER ACTION.
14:08:43
8
RESPOND TO THIS PURSUANT TO ANY OTHER PREVIOUS
14:08:45
9
ORDER THAT IS MADE.
14:08:46
10
MR. BROWN:
GOT IT.
14:08:47
11
THE COURT:
OKAY.
14:08:48
12
MR. ROBERTSON:
14:08:50
13
14:08:52
14
THE COURT:
14:08:56
15
MR. ROBERTSON:
14:08:57
16
THE SAME PAGE, IF WE WERE TO FILE OUR ANSWER OR
14:09:01
17
PETITION OR COMPLAINT WITHIN 30 DAYS, IS THE
14:09:04
18
45 DAYS RUNNING FROM THE FILING OF THE FACEBOOK OR
14:09:08
19
DOES IT RUN 90 DAYS FROM TODAY?
14:09:10
20
14:09:12
21
I INDICATED IT WAS GOING TO BE A 45-DAY PERIOD OF
14:09:15
22
TIME FROM THE DATE OF FILE, THEY WOULD HAVE 45 DAYS
14:09:18
23
TO RESPOND.
14:09:21
24
HAVE 45 DAYS TO RESPOND TO THAT.
14:09:23
25
CLARIFICATION?
I AGREE.
WHAT YOU'LL GET IS
SO YOU WON'T BE REQUIRED TO
ALL RIGHT.
JUDGE, MAY I ASK FOR A
AND I'M SORRY TO INTERRUPT?
THE COURT:
YES.
NO, NOT AT ALL.
TO BE SURE THAT WE'RE ON
THAT'S A VERY GOOD QUESTION.
SO YOU HAVE 45 DAYS TO FILE AND THEY
MR. ROBERTSON:
BUT IF WE FILE ON THE
25
U.S. COURT REPORTERS
14:09:25
1
30TH, DOES THE 45 DAYS BEGIN RUNNING ON THE DAY WE
14:09:28
2
FILE OR DOES IT RUN 90 DAYS, IF YOU WILL, FROM THE
14:09:31
3
DAY YOU ENTER THE ORDER?
14:09:33
4
14:09:35
5
DEADLINE VERSUS A SOFT DEADLINE.
14:09:38
6
WOULD PREFER A HARD DEADLINE BECAUSE IT REDUCES
14:09:41
7
SURPRISE AND ALLOWS US TO PLAN.
14:09:42
8
14:09:44
9
14:09:45
10
14:09:47
11
14:09:47
12
14:09:49
13
14:09:50
14
ANYTHING ELSE?
14:09:52
15
MR. KIESEL:
14:09:54
16
JUST A COUPLE OF ADMINISTRATIVE MATTERS.
14:09:56
17
COURT WANTS, AS INTERIM LIAISON COUNSEL FOR THE PRO
14:10:00
18
SE PLAINTIFFS, I'M HAPPY TO TAKE ON THE LABORING
14:10:03
19
OAR OF COMMUNICATING WITH THEM, HOWEVER, IF THE
14:10:04
20
COURT DOES WANT US TO SERVE IN THAT CAPACITY.
14:10:06
21
14:10:07
22
OFFER.
14:10:10
23
HAVE FILED WITH THE COURT AND THAT'S, OF COURSE,
14:10:12
24
THE ONLY MEANS OF COMMUNICATION THAT WE HAVE.
14:10:16
25
MR. BROWN:
THE COURT:
THIS IS AN ISSUE ABOUT A HARD
OBVIOUSLY WE
I THINK WE SHOULD START WITH
HARD DEADLINES.
MR. ROBERTSON:
SO I JUST WANTED TO BE
SURE.
THE COURT:
YES, THANK YOU FOR ASKING.
I
APPRECIATE THE CLARIFICATION.
THE COURT:
YOUR HONOR, PAUL KIESEL.
THANK YOU.
IF THE
I APPRECIATE THAT
WE HAVE, I THINK, ADDRESSES FOR FOLKS THAT
SO ARE YOU -- YOU'RE SUGGESTING IN
26
U.S. COURT REPORTERS
14:10:20
1
ADVANCE THAT YOU WOULD FORWARD TO THOSE PLAINTIFFS
14:10:22
2
THAT YOU HAVE KNOWLEDGE OF THE COURT'S ORDERS IN
14:10:24
3
THIS REGARD?
14:10:25
4
14:10:26
5
WORDS, I DON'T HAVE THE ADDRESSES BUT IF THE COURT
14:10:28
6
WANTS TO PROVIDE THOSE ADDRESSES TO ME AND MY
14:10:30
7
OFFICE WILL TAKE ON THE RESPONSIBILITY OF AT LEAST
14:10:33
8
REACHING OUT ON PAPER, IF YOU SERVE IT UPON US, WE
14:10:36
9
WILL SERVE IT UPON THE PRO SE PLAINTIFFS TO MAKE
14:10:38
10
14:10:41
11
14:10:44
12
OFFICE, I'LL HAVE THEM SEND IT TO THEM ALSO, BUT I
14:10:46
13
APPRECIATE THE ADDITIONAL EFFORTS.
14:10:48
14
14:10:50
15
OF IT IS THAT THERE ARE 16 FIRMS IN THIS CASE, OR
14:10:52
16
16 FIRMS THAT DO NOT HAVE CURRENT ACCESS TO ECF,
14:10:56
17
THAT ARE NOT HAVING ACCESS TO ECF.
14:10:59
18
SERVING NOTICE, I HAVE TO SEPARATELY SERVE 15 FIRMS
14:11:03
19
THAT ARE NOT ON THE SYSTEM.
14:11:05
20
14:11:07
21
THAT SAYS ANY CASES CURRENTLY IN THIS COURT IN THE
14:11:09
22
MDL MUST COMPLY WITH THE ECF SYSTEM AND TAG-ALONG
14:11:13
23
SUBSEQUENT ACTIONS HAVE TO BE ON THE ECF, IT WILL
14:11:16
24
MAKE SERVICE THAT MUCH EASIER FOR ALL OF US.
14:11:19
25
MR. KIESEL:
THAT'S CORRECT.
IN OTHER
SURE THEY'RE AWARE OF WHAT THE COURT'S ACTIONS ARE.
THE COURT:
MR. KIESEL:
WE'LL DO THAT.
GREAT.
THE CLERK'S
THEN THE OTHER PIECE
SO AS I'M
SO IF THE COURT MIGHT CONSIDER AN ORDER
THE COURT:
I THINK THAT'S AN APPROPRIATE
27
U.S. COURT REPORTERS
14:11:20
1
ORDER TO MAKE IN THIS TYPE OF CASE.
14:11:22
2
START OFF WITH EVERYBODY HAVING SUFFICIENT NOTICE
14:11:24
3
ON THAT KIND OF THING.
14:11:27
4
SUGGESTION.
14:11:28
5
MR. KIESEL:
14:11:30
6
THE COURT:
14:11:34
7
MR. STRAITE:
14:11:37
8
AGAIN, DAVID STRAITE FOR THE RECORD.
14:11:41
9
SIANNI & STRAITE, ONE OF THE PROPOSED INTERIM
14:11:43
10
CO-LEAD FIRMS, IS PLANNING TO MERGE WITH ANOTHER
14:11:46
11
FIRM ON OR ABOUT MAY 1ST, AND IN THE ORDER WE
14:11:48
12
PROPOSE TO FILE A MOTION FOR SUBSTITUTION OF
14:11:50
13
COUNSEL AS SOON AS PRACTICAL THEREAFTER, AND I JUST
14:11:54
14
WANT TO CONFIRM THAT THAT'S AN OKAY SCHEDULE.
14:11:56
15
14:11:57
16
PLEADINGS AND THAT'S FINE.
14:11:59
17
APPRECIATE THAT.
14:12:00
18
MR. STRAITE:
14:12:01
19
THE COURT:
14:12:03
20
BACK TO THE SINGLEY CASE FOR JUST A MOMENT, THERE
14:12:06
21
WAS A MOTION, I THINK, TO SUBSTITUTE A PARTY.
14:12:09
22
LET'S TALK ABOUT THAT FOR JUST A MOMENT.
14:12:19
23
14:12:21
24
THE DISTRICT COURT BEFORE THIS CASE GOT TRANSFERRED
14:12:23
25
OVER.
THE COURT:
MS. LONDON:
I'D LIKE TO
SO THANK YOU FOR THAT
THANK YOU, YOUR HONOR.
ANYONE ELSE WISH TO BE HEARD?
ONE MORE THING, YOUR HONOR.
YOU KNOW,
YES, I SAW THAT IN THE
THANK YOU.
I
OKAY.
AND LET ME ASK YOU, GOING
JUDGE, WE FILED A MOTION IN
ALICE LONDON.
28
U.S. COURT REPORTERS
14:12:27
1
AND FOR REASONS I'M NOT QUITE CLEAR ON,
14:12:29
2
THE MOTION WAS NOT TRANSFERRED TO YOUR COURT.
14:12:31
3
WE REFILED IT IN YOUR COURT AT THE REQUEST OF YOUR
14:12:34
4
CLERK.
14:12:35
5
AND WE'RE SEEKING TO REPLACE THE NAMED
14:12:39
6
PLAINTIFF FROM TEXAS WITH A NEW NAMED PLAINTIFF.
14:12:42
7
14:12:43
8
WITH THE PARTIES TO SEE IF ANYONE HAS OBJECTION TO
14:12:45
9
THAT?
14:12:47
10
14:12:50
11
LAWSUIT WE DID NOT EXECUTE SERVICE BECAUSE WE KNEW
14:12:53
12
WE HAD A PLAN FOR WITHDRAWING, AND SO I WAS HOPING
14:12:57
13
TO GET THAT RESOLVED BEFORE WE DID SERVICE BUT,
14:13:00
14
YES, I HAD A PHONE CALL WITH SOMEONE PURPORTING TO
14:13:03
15
REPRESENT FACEBOOK WHO TOLD ME THAT THEY DID NOT
14:13:07
16
SEE A PROBLEM CHANGING OUT THE PLAINTIFF.
14:13:13
17
14:13:15
18
14:13:17
19
14:13:20
20
14:13:23
21
THE COURT:
14:13:26
22
MS. LONDON:
14:13:27
23
THE COURT:
14:13:28
24
MOTION DATE THAT WAS SUPPLIED?
14:13:33
25
THE COURT:
MS. LONDON:
THE COURT:
SO
HAVE YOU MET AND CONFERRED
WELL, WE -- IN THE TEXAS
DO YOU WANT TO BE HEARD AS TO
THAT THIS AFTERNOON, COUNSEL?
MR. BROWN:
WE WON'T TAKE ANY POSITION ON
THAT ISSUE.
MS. LONDON:
AND YOU FILED THE MOTION?
YES, I DID.
I'M SORRY.
DO YOU HAVE A
THE MOTION -- THIS SAYS
29
U.S. COURT REPORTERS
14:13:36
1
FILED MARCH 27H.
14:13:38
2
THE COURT:
14:13:41
3
IS THERE ANY OBJECTION TO THE COURT
14:13:44
4
14:13:49
5
14:13:52
6
OBJECTION, NOW IS THE TIME TO BE HEARD.
14:13:55
7
NO ONE OBJECTING TO THIS.
14:13:57
8
PREPARE AN ORDER AND SUBSTITUTING THE PARTY.
14:14:02
9
14:14:05
10
14:14:07
11
14:14:09
12
THE COURT:
14:14:33
13
(PAUSE IN PROCEEDINGS.)
14:14:33
14
THE COURT:
14:14:35
15
14:14:40
16
ANYTHING ELSE THIS AFTERNOON?
14:14:42
17
ALL RIGHT.
14:14:44
18
APPRECIATE EVERYONE BEING HERE, AND I LOOK FORWARD
14:14:47
19
TO WORKING WITH EVERYONE IN THIS CASE.
14:14:47
20
14:15:02
21
I SEE.
I SEE.
GRANTING THE RELIEF REQUESTED FOR A NEW PARTY?
LET ME PUT IT THIS WAY, IF ANYONE HAS AN
AND I HEAR
SO IF YOU WANT TO
OH, IS THAT WHAT YOU HAVE?
MS. LONDON:
AND, YES, AND I ALSO FILED
THE PROPOSED ORDER AND -- BUT I HAVE ONE.
THAT'S GREAT.
ALL RIGHT.
THANK YOU FOR
THIS AFTERNOON.
WELL, THANK YOU VERY MUCH.
I
(WHEREUPON, THE PROCEEDINGS IN THIS
MATTER WERE CONCLUDED.)
22
23
24
25
30
U.S. COURT REPORTERS
14:15:02
1
2
3
4
CERTIFICATE OF REPORTER
5
6
7
8
9
I, THE UNDERSIGNED OFFICIAL COURT
REPORTER OF THE UNITED STATES DISTRICT COURT FOR
10
THE NORTHERN DISTRICT OF CALIFORNIA, 280 SOUTH
11
FIRST STREET, SAN JOSE, CALIFORNIA, DO HEREBY
12
CERTIFY:
13
THAT THE FOREGOING TRANSCRIPT,
14
CERTIFICATE INCLUSIVE, CONSTITUTES A TRUE, FULL AND
15
CORRECT TRANSCRIPT OF MY SHORTHAND NOTES TAKEN AS
16
SUCH OFFICIAL COURT REPORTER OF THE PROCEEDINGS
17
HEREINBEFORE ENTITLED AND REDUCED BY COMPUTER-AIDED
18
TRANSCRIPTION TO THE BEST OF MY ABILITY.
19
20
21
22
23
24
25
/S/
_____________________________
IRENE RODRIGUEZ, CSR, CRR
CERTIFICATE NUMBER 8074
DATED:
APRIL 23, 2012
31
U.S. COURT REPORTERS
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?