In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 38

Declaration of Jeffrey M. Gutkin in Support of 37 STIPULATION WITH PROPOSED ORDER re 19 Order on Motion to Consolidate Cases,,,, Stipulation and Proposed Order Concerning Briefing Schedule and Page Limits For Facebook's Motion to Dismiss filed byFacebook Inc.. (Related document(s) 37 ) (Gutkin, Jeffrey) (Filed on 6/6/2012)

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1 6 COOLEY LLP MICHAEL G. RHODES (116127) (rhodesmg@cooley.com) MATTHEW D. BROWN (196972) (brownmd@cooley.com) JEFFREY M. GUTKIN (216083) (jgutkin@cooley.com) 101 California Street, 5th Floor San Francisco, CA 94111-5800 Telephone: (415) 693-2000 Facsimile: (415) 693-2222 7 Attorneys for Defendant FACBOOK, INC. 8 (Additional parties on signature page) 2 3 4 5 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN JOSE DIVISION 13 14 Case No. 12-md-02314 EJD In re: Facebook Internet Tracking Litigation 15 DECLARATION OF JEFFREY M. GUTKIN IN SUPPORT OF STIPULATION AND [PROPOSED] ORDER CONCERNING BRIEFING SCHEDULE AND PAGE LIMITS FOR F ACEBOOK' S MOTION TO DISMISS (CIV. L.R. 6-2 & 7-4(b)) 16 17 18 19 JUDGE: COURTROOM: TRIAL DATE: 20 Edward J. Davila 4 Not Yet Set 21 22 I, Jeffrey M. Gutkin, declare as follows: 23 1. I am an attorney licensed to practice law in the state of California and a partner of 24 the law firm of Cooley LLP, counsel of record for defendant Face book, Inc. ("Facebook"). I have 25 personal knowledge of the facts below and could and would testify competently to them if called 26 as a witness. I submit this declaration in support of the Parties' "Stipulation and [Proposed] 27 Order Concerning Briefing Schedule and Page Limits for Facebook's Motion to Dismiss," filed 28 concurrently herewith. COOLEYLLP ATTORNEYS AT LAW SAN FRANCISCO 1. GUTKIN DECL. 1/S/0 STJP. & [PROPOSED] ORDER CASE No.l2-MD-02314 EJD 1 2. On February 8, 2012, the Panel on Multidistrict Litigation issued an order 2 transferring actions filed across the United States to this Court under the caption above for 3 coordinated or consolidated proceedings pursuant to 28 U.S.C. ยง 1407. 4 3. On April 3, 20 12, the Court ordered that Plaintiffs file a consolidated amended 5 complaint no later than 45 days from the date upon which the order was filed, which was May 18, 6 2012. 7 8 9 4. The Court also ordered that Facebook's answer or responsive motion be filed no later than 90 days from the date upon which the order was filed, which is July 2, 2012. 5. Plaintiffs filed their First Amended Consolidated Class Action Complaint on May 10 17, 2012 and their Corrected First Amended Consolidated Class Action Complaint ("Complaint") 11 on May 23, 2012. 12 6. The 43-page Complaint alleges 11 causes of action against Face book. 13 7. Facebook anticipates filing a motion to dismiss the Complaint (the "Motion") on 14 15 July 2, 2012. 8. Pursuant to Civil Local Rule 7-3, the deadline for Plaintiffs to file their opposition 16 to the Motion would be July 16, 2012, and the deadline for Facebok to file its reply in support of 17 the Motion would be July 23, 2012. 18 19 20 9. I contacted the Court's Calendar Clerk on May 31, 2012 and was informed the earliest hearing date available for the Motion, at the time that I called, was September 14, 2012. 10. There have been no previous modifications to deadlines since the Court ordered 21 consolidation of the actions, whether by stipulation or Court order, nor has either Party requested 22 such a modification. 23 24 25 11. Altering the briefing schedule on the Motion will not affect the date or deadline of any event or deadline already affixed by the Court. 12. Facebook believes (and I am informed and believe that Plaintiffs believe) that a 26 modest extension of the briefing schedule and page limits provided by Civil Local Rules 7-2 27 through 7-4 is reasonable in light of the nature of the case and the Complaint, and will provide the 28 Court with more thorough and useful briefing on the issues. GUTKIN DECL. 1/S/0 COOLEYLLP ATTORNEYS AT LAW SAN FRANCISCO 2. STIP. & [PROPOSED) ORDER CASE No. 12-MD-02314 EJD 1 2 I declare under penalty of perjury that the foregoing is true and correct. Executed on June 6, 2012 in San Francisco, California. 3 4 5 Is/ Jeffrey M Gutkin JEFFREY M. GUTKIN 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GUTKIN DECL. IIS/0 COOLEYLLP ATTORNEYS AT LAW SAN FRANCISCO 3. STIP. & [PROPOSED] ORDER CASE No.12-MD-02314 EJD 1 PROOF OF SERVICE (FRCP 5) 2 I hereby certify that on June 6, 2012, I filed the foregoing document with the Clerk of 3 Court using the CM/ECF system: 4 5 6 7 8 9 Declaration of Jeffrey M. Gutkin in Support of Stipulation and [Proposed] Order Concerning Briefing Schedule and Page Limits for Facebook's Motion to Dismiss (Civ. L.R. 6-2 & 7-4(B)) This document was served on all counsel who are deemed to have consented to electronic service via the CM/ECF system in this action. This document and the notice of electronic filing were also served via U.S. Mail on the following parties: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Daniel W. Bishop Bishop London & Dodds PC 3701 Bee Cave Road, Suite 200 Austin, TX 78746 Ph: (512) 479-5900 Email: dbishop@ bishoplondon. com Daryl L. Zaslow Eichen Crutchlow Zaslow & McCleoy LLP 40 Ethel Road Edison, NJ 08817 Ph: (732) 777-0100 Email: djzaslow@njadvocates.com Tonya M. Osborne Kambon Williams Muirphy, P.A. One South Street, 23 rct Floor Baltimore, MD 21202 Ph: 410-359-6500 Email: Tonya.Bana@murphypa.com Peter G. Angelos Law Offices of Peter G. Angelos P.C. One Charles Center 100 N. Charles Street, 20th Floor Baltimore, MD 21201-3812 Ph: 410-649-2094 John E Keefe Stephen G. Grygiel Stephen Sullivan Jennifer L. Harwood Keefe Bartels LLC 170 Monmouth Street Red Bank, NJ 07701 Ph: (732) 224-9400 Email: jkeefe@keefebartels.com sgrygiel@keefebartels.com ssuli van@keefe bartels. com Ronald Von Terrell The Terrell Law Group P.O. Box 13315, PMB #148 Oakland, CA 94661 Ph: 510-237-9700 Email: ReggieT2@aol.com This document and the notice of electronic filing were not served on Tracie Skiles because no current mailing address or email address is available. Executed on June 6, 2012, at Seattle, Washington. 26 27 28 2630559/ST GUTKIN DECL. 1/S/0 COOLEYLLP ATTORNEYS AT LAW SAN FRANCISCO 4. STIP. & (PROPOSED) ORDER CASE No.12-MD-02314 EJD

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