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 [phone]. 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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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IN RE:

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INTERNET TRACKING

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LITIGATION.

FACEBOOK

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_______________________

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C-10-00824-EJD
MARCH 30, 2012

PAGES 1 - 32

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THE PROCEEDINGS WERE HELD BEFORE

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THE HONORABLE UNITED STATES DISTRICT

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JUDGE EDWARD J. DAVILA

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A P P E A R A N C E S:

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FOR THE PLAINTIFFS: HILLS, CLARK, MARTIN & PETERSON
BY: MICHAEL R. SCOTT
1221 SECOND AVENUE, SUITE 500
SEATTLE, WASHINGTON 9101

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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
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U.S. COURT REPORTERS

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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.)

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U.S. COURT REPORTERS

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A P P E A R A N C E S: (CONT'D)

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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.)
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U.S. COURT REPORTERS

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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.)
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U.S. COURT REPORTERS

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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.)

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U.S. COURT REPORTERS

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A P P E A R A N C E S: (CONT'D)

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FOR DEFENDANT FACEBOOK:
COOLEY, GODWARD & KRONISH
BY: JEFFREY GUTKIN
MATTHEW D. BROWN
101 CALIFORNIA STREET
5TH FLOOR
SAN FRANCISCO, CALIFORNIA
94111

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U.S. COURT REPORTERS

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SAN JOSE, CALIFORNIA

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P R O C E E E D I N G S

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MARCH 30, 2012

(WHEREUPON, COURT CONVENED AND THE
FOLLOWING PROCEEDINGS WERE HELD:)

13:48:36

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THE CLERK:

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APPEARANCES, PLEASE.

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RECORD.

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CHIP ROBERTSON ON BEHALF OF THE THOMPSON

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PLAINTIFFS.

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THE COURT:

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MR. ROBERTSON:

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13:49:20

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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.
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U.S. COURT REPORTERS

13:49:22

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MR. FRICKLETON:

YOUR HONOR, JIM

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THE COURT:

13:49:53

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MR. EICHEN:

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MR. CUNNINGHAM:

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HONOR.

13:49:58

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PLAINTIFFS.

13:49:58

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THE COURT:

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MR. CUNNINGHAM:

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THE COURT:

THANK YOU.

13:50:09

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MR. GORNY:

GOOD AFTERNOON, YOUR HONOR.

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I'M STEVE GORNY, AND I REPRESENT PLAINTIFF JOHN

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GRAHAM.

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THE COURT:

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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
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U.S. COURT REPORTERS

13:50:19

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HONOR.

HEATHER BONNET-HEBERT, AND I REPRESENT THE

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STRAVATO PLAINTIFFS.

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THE COURT:

13:50:28

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MS. WINTER:

13:50:29

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THE COURT:

THANK YOU.

13:50:37

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MR. MEYER:

GOOD AFTERNOON, YOUR HONOR.

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HONOR.

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PLAINTIFFS.

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THE COURT:

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MR. BRYANT:

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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

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THE COURT:

GOOD AFTERNOON.

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MR. ROBERTSON:

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THE COURT:

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MR. GOLDENBERG:

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HONOR.

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PLAINTIFFS.

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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.
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U.S. COURT REPORTERS

13:51:08

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MS. LONDON:

GOOD AFTERNOON, YOUR HONOR.

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ALICE LONDON.

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SINGLEY WHO HAS A MOTION TO SUBSTITUTE IN SO THAT I

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WILL BE REPRESENTING JANE PEDDICORD.

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THE COURT:

THANK YOU.

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MR. HATCH:

GOOD AFTERNOON, YOUR HONOR.

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THE COURT:

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MR. LYSKOWSKI:

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HONOR.

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PLAINTIFFS.

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THE COURT:

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MR. BARNES:

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RANDALL BARNES ON BEHALF OF THE THOMPSON

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PLAINTIFFS.

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THE COURT:

THANK YOU.

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MR. SCOTT:

GOOD AFTERNOON.

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MR. MACKEY:

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REPRESENTING PARRISH.

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THE COURT:

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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.
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U.S. COURT REPORTERS

13:51:53

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ELIZABETH THOMAS.

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THE COURT:

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MR. GODINO:

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WHO REPRESENTS THE DEFENSE?

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MR. BROWN:

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THE COURT:

THANK YOU.

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MR. BROWN:

AND I MIGHT ADD BEFORE WE

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MAKE OUR APPEARANCE, WE ALSO HAVE SANDEEP,

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S-A-N-D-E-E-P, SOLANKI, S-O-L-A-N-K-I, FOR THE

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COMPANY AND HE'S NOT MAKING AN APPEARANCE.

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THE COURT:

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MR. GUTKIN:

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JEFF GUTKIN ALSO FROM COOLEY AND ALSO APPEARING FOR

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FACEBOOK.

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THE COURT:

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AND WE HAVE SOME APPEARANCES

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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
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U.S. COURT REPORTERS

13:52:52

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TELEPHONICALLY?

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THE COURT:

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MR. BLACKWELL:

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THE COURT:

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MR. CAMPBELL:

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THERE ANY PRO SE PLAINTIFFS PRESENT IN THE

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COURTROOM?

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I WOULD LIKE TO ACCOMPLISH WITH ALL OF YOU AND WITH

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ALL OF YOUR ASSISTANCE.

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IS TO TREAT THE TWO GROUPS OF CASES SEPARATELY,

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THAT IS, THE MDL AND THE RELATED TAG-ALONG CASES

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AND THE PRO SE CASES.

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SEPARATELY FOR PURPOSES OF THIS AFTERNOON.

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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,
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U.S. COURT REPORTERS

13:53:58

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WE'LL COORDINATE PROCEEDINGS BETWEEN THESE TWO

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GROUPS OF CASES SO AS TO, I'M SURE YOU'RE ALL

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INTERESTED IN TO PROMOTE EFFICIENCY FOR ALL OF YOUR

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CLIENTS AND THE PARTIES IN THE COURTROOM.

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WHICH IS WHAT I CONSIDER THIS TO BE, I'D LIKE TO

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ADDRESS THE MDL CASES AND THEN I'LL LOOK

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SECONDARILY TO THE PRO SE CASES AND WE'LL TALK

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ABOUT WHAT WE'LL DO WITH THOSE.

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1:52 IN THE AFTERNOON AND THIS MATTER WAS

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CALENDARED FOR 1:30.

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APPEARANCES.

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PLAINTIFFS PRESENT IN THE COURTROOM?

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NO RESPONSE.

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LIKE TO HANDLE THIS MDL CASE IN PERHAPS FOUR PHASES

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INITIALLY, AND I'D LIKE TO ARTICULATE THOSE FOR

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YOU.

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ISSUES OF CONSOLIDATION, APPOINTMENT OF INTERIM

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LEAD COUNSEL FOR THE CLASS;

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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,
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U.S. COURT REPORTERS

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WE WOULD MOVE TO PHASE 3 INVOLVING MOTION

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PRETRIAL AND ANY TRIAL SCHEDULING ISSUES THAT ARE

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ATTENDANT THERETO.

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DISCUSS THE PHASE 1, THE PHASE 1 ISSUE AND THIS IS

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REGARDING SPECIFICALLY THE CONSOLIDATION MOTION.

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CASE FILED A MOTION TO CONSOLIDATE, AND I DO HAVE

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THAT IN MY FILE AND I'M ASSUMING THAT ALL PARTIES

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HAVE RECEIVED THAT AS WELL.

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OBJECTIONS TO THE MOTION REGARDING CONSOLIDATION?

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DOES ANYONE HAVE ANY MOTION I SHOULD HEAR FROM YOU

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NOW?

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CONSOLIDATE THE CASES AND THE ORDER THAT I WILL

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ISSUE INVOLVED IN THE DAVIS MOTION.

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NOW, THE SECOND ISSUE I'D LIKE TO TALK

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ABOUT IS ONE THAT MIGHT BE OF INTEREST TO ALL OF

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YOU AND THAT IS THE APPOINTMENT OF AN INTERIM LEAD

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COUNSEL.

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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
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U.S. COURT REPORTERS

13:56:41

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INTERIM LEAD COUNSEL AND A RELATED STRUCTURE OF

13:56:44

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THAT PROCESS.

13:56:45

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PLAINTIFFS IN THE KHANG AND THAT'S AT 12-825 AND

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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

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REACHING OUT ON PAPER, IF YOU SERVE IT UPON US, WE

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WILL SERVE IT UPON THE PRO SE PLAINTIFFS TO MAKE

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OFFICE, I'LL HAVE THEM SEND IT TO THEM ALSO, BUT I

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APPRECIATE THE ADDITIONAL EFFORTS.

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OF IT IS THAT THERE ARE 16 FIRMS IN THIS CASE, OR

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16 FIRMS THAT DO NOT HAVE CURRENT ACCESS TO ECF,

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THAT ARE NOT HAVING ACCESS TO ECF.

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SERVING NOTICE, I HAVE TO SEPARATELY SERVE 15 FIRMS

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THAT ARE NOT ON THE SYSTEM.

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THAT SAYS ANY CASES CURRENTLY IN THIS COURT IN THE

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MDL MUST COMPLY WITH THE ECF SYSTEM AND TAG-ALONG

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SUBSEQUENT ACTIONS HAVE TO BE ON THE ECF, IT WILL

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MAKE SERVICE THAT MUCH EASIER FOR ALL OF US.

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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
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U.S. COURT REPORTERS

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ORDER TO MAKE IN THIS TYPE OF CASE.

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START OFF WITH EVERYBODY HAVING SUFFICIENT NOTICE

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ON THAT KIND OF THING.

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SUGGESTION.

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MR. KIESEL:

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THE COURT:

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MR. STRAITE:

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AGAIN, DAVID STRAITE FOR THE RECORD.

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SIANNI & STRAITE, ONE OF THE PROPOSED INTERIM

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CO-LEAD FIRMS, IS PLANNING TO MERGE WITH ANOTHER

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FIRM ON OR ABOUT MAY 1ST, AND IN THE ORDER WE

14:11:48

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PROPOSE TO FILE A MOTION FOR SUBSTITUTION OF

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COUNSEL AS SOON AS PRACTICAL THEREAFTER, AND I JUST

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WANT TO CONFIRM THAT THAT'S AN OKAY SCHEDULE.

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PLEADINGS AND THAT'S FINE.

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APPRECIATE THAT.

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MR. STRAITE:

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THE COURT:

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BACK TO THE SINGLEY CASE FOR JUST A MOMENT, THERE

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WAS A MOTION, I THINK, TO SUBSTITUTE A PARTY.

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LET'S TALK ABOUT THAT FOR JUST A MOMENT.

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THE DISTRICT COURT BEFORE THIS CASE GOT TRANSFERRED

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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.
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AND FOR REASONS I'M NOT QUITE CLEAR ON,

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THE MOTION WAS NOT TRANSFERRED TO YOUR COURT.

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WE REFILED IT IN YOUR COURT AT THE REQUEST OF YOUR

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CLERK.

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AND WE'RE SEEKING TO REPLACE THE NAMED

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PLAINTIFF FROM TEXAS WITH A NEW NAMED PLAINTIFF.

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WITH THE PARTIES TO SEE IF ANYONE HAS OBJECTION TO

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THAT?

14:12:47

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LAWSUIT WE DID NOT EXECUTE SERVICE BECAUSE WE KNEW

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WE HAD A PLAN FOR WITHDRAWING, AND SO I WAS HOPING

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TO GET THAT RESOLVED BEFORE WE DID SERVICE BUT,

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YES, I HAD A PHONE CALL WITH SOMEONE PURPORTING TO

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REPRESENT FACEBOOK WHO TOLD ME THAT THEY DID NOT

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SEE A PROBLEM CHANGING OUT THE PLAINTIFF.

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THE COURT:

14:13:26

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MS. LONDON:

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THE COURT:

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MOTION DATE THAT WAS SUPPLIED?

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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
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U.S. COURT REPORTERS

14:13:36

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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

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OBJECTION, NOW IS THE TIME TO BE HEARD.

14:13:55

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NO ONE OBJECTING TO THIS.

14:13:57

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PREPARE AN ORDER AND SUBSTITUTING THE PARTY.

14:14:02

9

14:14:05

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14:14:07

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14:14:09

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THE COURT:

14:14:33

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(PAUSE IN PROCEEDINGS.)

14:14:33

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THE COURT:

14:14:35

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14:14:40

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ANYTHING ELSE THIS AFTERNOON?

14:14:42

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ALL RIGHT.

14:14:44

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APPRECIATE EVERYONE BEING HERE, AND I LOOK FORWARD

14:14:47

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TO WORKING WITH EVERYONE IN THIS CASE.

14:14:47

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14:15:02

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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.)

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14:15:02

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CERTIFICATE OF REPORTER

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I, THE UNDERSIGNED OFFICIAL COURT
REPORTER OF THE UNITED STATES DISTRICT COURT FOR

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THE NORTHERN DISTRICT OF CALIFORNIA, 280 SOUTH

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FIRST STREET, SAN JOSE, CALIFORNIA, DO HEREBY

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CERTIFY:

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THAT THE FOREGOING TRANSCRIPT,

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CERTIFICATE INCLUSIVE, CONSTITUTES A TRUE, FULL AND

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CORRECT TRANSCRIPT OF MY SHORTHAND NOTES TAKEN AS

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SUCH OFFICIAL COURT REPORTER OF THE PROCEEDINGS

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HEREINBEFORE ENTITLED AND REDUCED BY COMPUTER-AIDED

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TRANSCRIPTION TO THE BEST OF MY ABILITY.

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/S/
_____________________________
IRENE RODRIGUEZ, CSR, CRR
CERTIFICATE NUMBER 8074
DATED:

APRIL 23, 2012
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U.S. COURT REPORTERS