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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COOLEY LLP
MICHAEL G. RHODES (116127)
([e-mail])
MATTHEW D. BROWN (196972)
([e-mail])
JEFFREY M. GUTKIN (216083)
([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant FACBOOK, INC.

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(Additional parties on signature page)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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Case No. 12-md-02314 EJD

In re: Facebook Internet Tracking Litigation

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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))

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JUDGE:
COURTROOM:
TRIAL DATE:

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Edward J. Davila

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Not Yet Set

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I, Jeffrey M. Gutkin, declare as follows:

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1.

I am an attorney licensed to practice law in the state of California and a partner of

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the law firm of Cooley LLP, counsel of record for defendant Face book, Inc. ("Facebook"). I have

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personal knowledge of the facts below and could and would testify competently to them if called

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as a witness. I submit this declaration in support of the Parties' "Stipulation and [Proposed]

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Order Concerning Briefing Schedule and Page Limits for Facebook's Motion to Dismiss," filed

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concurrently herewith.

COOLEYLLP
ATTORNEYS AT LAW
SAN FRANCISCO

1.

GUTKIN DECL. 1/S/0
STJP. & [PROPOSED] ORDER
CASE No.l2-MD-02314 EJD

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2.

On February 8, 2012, the Panel on Multidistrict Litigation issued an order

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transferring actions filed across the United States to this Court under the caption above for

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coordinated or consolidated proceedings pursuant to 28 U.S.C. § 1407.

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3.

On April 3, 20 12, the Court ordered that Plaintiffs file a consolidated amended

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complaint no later than 45 days from the date upon which the order was filed, which was May 18,

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2012.

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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

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17, 2012 and their Corrected First Amended Consolidated Class Action Complaint ("Complaint")

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on May 23, 2012.

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The 43-page Complaint alleges 11 causes of action against Face book.

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7.

Facebook anticipates filing a motion to dismiss the Complaint (the "Motion") on

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July 2, 2012.
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Pursuant to Civil Local Rule 7-3, the deadline for Plaintiffs to file their opposition

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to the Motion would be July 16, 2012, and the deadline for Facebok to file its reply in support of

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the Motion would be July 23, 2012.

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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

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consolidation of the actions, whether by stipulation or Court order, nor has either Party requested

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such a modification.

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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

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modest extension of the briefing schedule and page limits provided by Civil Local Rules 7-2

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through 7-4 is reasonable in light of the nature of the case and the Complaint, and will provide the

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Court with more thorough and useful briefing on the issues.
GUTKIN DECL. 1/S/0

COOLEYLLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIP. & [PROPOSED) ORDER
CASE No. 12-MD-02314 EJD

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I declare under penalty of perjury that the foregoing is true and correct. Executed on June
6, 2012 in San Francisco, California.

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Is/ Jeffrey M Gutkin
JEFFREY M. GUTKIN

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GUTKIN DECL. IIS/0

COOLEYLLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIP. & [PROPOSED] ORDER
CASE No.12-MD-02314 EJD

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PROOF OF SERVICE
(FRCP 5)

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I hereby certify that on June 6, 2012, I filed the foregoing document with the Clerk of
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Court using the CM/ECF system:
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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:

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Daniel W. Bishop
Bishop London & Dodds PC
3701 Bee Cave Road, Suite 200
Austin, TX 78746
Ph: [phone]
Email: dbishop@ bishoplondon. com

Daryl L. Zaslow
Eichen Crutchlow Zaslow & McCleoy LLP
40 Ethel Road
Edison, NJ 08817
Ph: [phone]
Email: [e-mail]

Tonya M. Osborne
Kambon Williams
Muirphy, P.A.
One South Street, 23 rct Floor
Baltimore, MD 21202
Ph: 410-359-6500
Email: [e-mail]

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: [phone]
Email: [e-mail]
[e-mail]
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: [e-mail]

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.

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2630559/ST
GUTKIN DECL. 1/S/0

COOLEYLLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIP. & (PROPOSED) ORDER
CASE No.12-MD-02314 EJD