In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 4

NOTICE by Facebook Inc. of Pendency of, action, Ung v. Facebook, Inc., No. 112-cv-217244 (Ung), pending in the Superior Court of the State of California, County of Santa Clara Facebook intends to move the Superior Court for a stay of proceedings in Ung pending resolution this matter. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gutkin, Jeffrey) (Filed on 3/16/2012) Modified on 3/19/2012 (cv, COURT STAFF).

EXHIBIT A

CM-015
FOR COURT USE ONLY

ATTORNEY OR PARTY WITHOUT ATIORNEY (Name, State Bar number, and address):

Michael G. Rhodes (116127) Matthew D. Brown (196972) Jeffrey M. Gutkin (216083)
1--COOLEY LLP

101 California Street, 51h Floor
San Francisco, CA 94111-5800
TELEPHONE NO.:
[phone]
FAX NO. (Optional). [phone]
E-MAIL ADDRESS (Optional).
[e-mail]
ATIORNEY FOR (Name): Defendant FACEBOOK, INC.
Santa Clara
191 N. First St.
As Above
San Jose, CA 95113
Downtown Superior Court

SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:

CASE NUMBER

RYAN UNG, CHI CHENG, and ALICE ROSEN, on
Behalf of Themselves and All Others Similarly Situated
DEFENDANT/RESPONDENT: FACEBOOK, INC.
PLAINTIFF/PETITIONER:

112-cv-217244
JUDICIAL OFFICER

The Hon. Patricia Lucas
DEPT ..

2

NOTICE OF RELATED CASES

Identify, in chronological order according to date of filing, all cases related to the case referenced above.

1.

See Attachment A Referencing All Related Cases

a.

Title:

b.

Case number

c.

Court:

D
D

same as above
other state or federal court (name and address):

d.

Department:

e.

Case type:

f.

Filing date:

g.

Has this case been designated or determined as "complex?"

h.

Relationship of this case to the case referenced above (check all that apply):

D
D
D
D

D

unlimited civil

D

probate

D

D

family law

Yes

D

D

other (specify):

No

arises from the same or substantially identical transactions, incidents, or events requiring the determination of
the same or substantially identical questions of law or fact.
involves claims against, title to, possession of, or damages to the same property.
is likely for other reasons to require substantial duplication of judicial resources if heard by different judges.
Additional explanation is attached in attachment 1h

Status of case:

D
D
D
2.

D

involves the same parties and is based on the same or similar claims.

D
i.

limited civil

pending
dismissed

D

with

D

without prejudice

disposed of by judgment

See Attachment A Referencing All Related Cases

a.

Title:

b.

Case number:

c.

Court:

d.

D
D

same as above
other state or federal court (name and address):

Department:
Pae1of3

Form Approved for Optional Use
Judicial Council of California
CM-015 [Rev. July 1, 2007]

NOTICE OF RELATED CASE

Cal. Rules of Court, rule 3.300
www.courtinfo.ca.gov
American LegaiNet, Inc.
www.FormsWorkllow.com

CM-015
Ung, et al.

PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:

CASE NUMBER:

112-cv-217244

Facebook, Inc.

2. (continued)

0

e. Case type:

limited civil

0

unlimited civil

0

probate

0

0

family law

other (specify):

f. Filing date:

0

g. Has this case been designated or determined as "complex?"

0

Yes

No

h. Relationship of this case to the case referenced above (check all that apply):

0
0

involves the same parties and is based on the same or similar claims.
arises from the same or substantially identical transactions, incidents, or events requiring the determination of
the same or substantially identical questions of law or fact.

0
0

involves claims against, title to, possession of, or damages to the same property.
is likely for other reasons to require substantial duplication of judicial resources if heard by different judges.

0

Additional explanation is attached in attachment 2h

i. Status of case:

0
0
0
3.

a.

pending
dismissed

Title:

0

0

with

without prejudice

disposed of by judgment

See Attachment A Referencing All Related Cases

b. Case number:
Court:

0

same as above

0

c.

other state or federal court (name and address):

Department:

d.

e. Case type:

0

limited civil

0

unlimited civil

0

f.

0

0

Yes

Has this case been designated or determined as "complex?"

family law

0

other (specify):

Filing date:

g.

probate

0

No

h. Relationship of this case to the case referenced above (check all that apply):

0

involves the same parties and is based on the same or similar claims.

0

arises from the same or substantially identical transactions, incidents, or events requiring the determination of
the same or substantially identical questions of law or fact.

0
0

involves claims against, title to, possession of, or damages to the same property.
is likely for other reasons to require substantial duplication of judicial resources if heard by different judges.

0
i.

Additional explanation is attached in attachment 3h

Status of case:

0

4.

pending

0
0

dismissed

~

0

with

0

without prejudice

disposed of by judgment
Additional related cases are described in Attachment A. Number of pages attached:

13

Date: March 16, 2012

MATTHEW D. BROWN
(TYPE OR PRINT NAME OF PARTY OR ATTORNEY)

CM-015 [Rev. July 1, 2007]

NOTICE OF RELATED CASE

Page 2 of 3
American LegaiNet, Inc.
www. Forms Workflow. com

CM-015

-

PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:

CASE NUMBER

Ung, et al.

112-cv-217244

FACEBOOK, INC.
PROOF OF SERVICE BY FIRST-CLASS MAIL
NOTICE OF RELATED CASE

(NOTE: You cannot serve the Notice of Related Case if you are a party in the action. The person who served the notice must
complete this proof of service. The notice must be served on all known parties in each related action or proceeding.)
1.

I am at least 18 years old and not a party to this action. I am a resident of or employed In the county where the mailing took
place, and my business address is (specify):

Cooley LLP
3175 Hanover Street
Palo Alto, CA 94304-1130
2.

I served a copy of the Notice of Related Case by enclosing it in a sealed envelope with first-class postage fully
prepaid and (check one):
a.

deposited the sealed envelope with the United States Postal Service.

b.

3.

D
[81

placed the sealed envelope for collection and processing for mailing, following this business's usual practices,
with which I am readily familiar. On the same day correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the United States Postal Service.

The Notice of Related Case was mailed:

a. on (date): March 16, 2012
b. from (city and state): Palo Alto, California 94304-1130
4. The envelope was addressed and mailed as follows:
a. Name of person served: JeffS. Westerman and

David E. Azar. MILBERG LLP

c. Name of person served:

Street address: 300 S. Grand Ave., Suite 3900

Street address:

City: Los Angeles

City:

State and zip code: CA 90071

State and zip code:

b. Name of person served:

d. Name of person served:

Street address:
City:
State and zip code:

D

Street address:
City:
State and zip code:

Names and addresses of additional persons served are attached. (You may use form POS-030(P).)

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: March 16, 2012

Amy E. Nash
(TYPE OR PRINT NAME OF DECLARANT)

CM-015 [Rev. July 1, 2007]

NOTICE OF RELATED CASE

Page 3 of 3
American LegaiNet, Inc.
www. Forms Workflow. com

Ung v. Face book, Inc.
Santa Clara County Superior Court Case No. 112-cv-217244

Attachment A to Notice of Related Case

(a)

Title: Davis, et al. v. Facebook, Inc.

(b)

Case Number:

(c)

Court: U.S.D.C. Northern District of California - San Jose Courthouse, 280
South 1st Street, San Jose, CA 95113

(d)

Department: Courtroom 4-5th Floor; Hon. Edward J. Davila

(e)

Case Type: other (specifY): Civil

(f)

Filing Date: September 30, 2011

(g)

Has this case been designated as "complex"?
proceeding)

(h)

1.

Relationship of this case to the case referenced above:
~

~

0
~

5:11-cv-04834-EJD

N/A (part of federal MDL

involves the same parties and is based on the same or similar claims.
arises from the same or substantially identical transactions, incidents, or
events requiring the determination of the same or substantially identical
questions of law or fact.
involves claims against, title to, possession of, or damages to the same
property.
is likely for other reasons to require substantial duplication of judicial
resources if heard by different judges.
~

Additional explanation is attached in attachment H

(i)
(a)

Title: Brkic v. Facebook, Inc.

(b)

Case Number: 5:11-cv-04935

(c)

Court: U.S.D.C. Northern District of California - San Jose Courthouse, 280
South 1st Street, San Jose, CA 95113

(d)

Department: Courtroom 4 - 5th Floor; Hon. Edward J. Davila

(e)

Case Type: other (specifY): Civil

(f)

2.

Status of Case: Pending

Filing Date: October 5, 2011

SANTA CLARA SUP. CT.

No. 112-cv-217244

1.

ATTACHMENT A TO
FACEBOOK'S NOTICE OF RELATED CASE

(g)

Has this case been designated as "complex"?
proceeding)

(h)

Relationship of this case to the case referenced above:
~
~

D
~

N/A (part of federal MDL

involves the same parties and is based on the same or similar claims.
arises from the same or substantially identical transactions, incidents, or
events requiring the determination of the same or substantially identical
questions of law or fact.
involves claims against, title to, possession of, or damages to the same
property.
is likely for other reasons to require substantial duplication of judicial
resources if heard by different judges.
~

Additional explanation is attached in attachment H

(i)

(a)

Title: Parrish v. Facebook, Inc.

(b)

Case Number: 5:12-cv-00667

(c)

Court: U.S.D.C. Northern District of California - San Jose Courthouse, 280
South 1st Street, San Jose, CA 95113

(d)

Department: Courtroom 4-5th Floor; Hon. Edward J. Davila

(e)

Case Type: other (specifY): Civil

(f)

Filing Date: October 7, 2011

(g)

Has this case been designated as "complex"?
proceeding)

(h)

3.

Status of Case: Pending

Relationship of this case to the case referenced above:
~
~

D
~

involves the same parties and is based on the same or similar claims.
arises from the same or substantially identical transactions, incidents, or
events requiring the determination of the same or substantially identical
questions of law or fact.
involves claims against, title to, possession of, or damages to the same
property.
is likely for other reasons to require substantial duplication of judicial
resources if heard by different judges.
~

Additional explanation is attached in attachment H

(i)

Status of Case:
Pending

(a)

Title: Beatty v. Facebook, Inc.

(b)

4.

N/A (part of federal MDL

Case Number: 5:12-cv-00668

SANTA CLARA SUP. CT.
NO. 112-CV-217244

Transferred from U.S.D.C. Northern District of Alabama;

2.

ATTACHMENT ATO
FACEBOOK'S NOTICE OF RELATED CASES

(c)

Court: U.S.D.C. Northern District of California - San Jose Courthouse, 280
South 1st Street, San Jose, CA 95113

(d)

Department: Courtroom 4-5th Floor; Hon. Edward J. Davila

(e)

Case Type: other (specifY): Civil

(f)

Filing Date: October 7, 2011

(g)

Has this case been designated as "complex"?
proceeding)

(h)

Relationship of this case to the case referenced above:
lEI
lEI

D
lEI

N/A (part of federal MDL

involves the same parties and is based on the same or similar claims.
arises from the same or substantially identical transactions, incidents, or
events requiring the determination of the same or substantially identical
questions of law or fact.
involves claims against, title to, possession of, or damages to the same
property.
is likely for other reasons to require substantial duplication of judicial
resources if heard by different judges.
lEI

Additional explanation is attached in attachment H

(i)

Status of Case: Transferred from U.S.D.C. District of Arizona; Pending

(a)

Title: Rutledge v. Facebook, Inc.

(b)

Case Number: 5:12-cv-00669

(c)

Court: U.S.D.C. Northern District of California - San Jose Courthouse, 280
South 1st Street, San Jose, CA 95113

(d)

Department: Courtroom 4-5th Floor; Hon. Edward J. Davila

(e)

Case Type: other (specifY): Civil

(f)

Filing Date: October 12, 2011

(g)

Has this case been designated as "complex"?
proceeding)

(h)

Relationship of this case to the case referenced above:

5.

lEI
lEI

D
lEI

SANTA CLARA SUP. CT.

No. ll2-CV-217244

N/A (part of federal MDL

involves the same parties and is based on the same or similar claims.
arises from the same or substantially identical transactions, incidents, or
events requiring the determination of the same or substantially identical
questions of law or fact.
involves claims against, title to, possession of, or damages to the same
property.
is likely for other reasons to require substantial duplication of judicial
resources if heard by different judges.
3.

ATTACHMENT ATO

F ACEBOOK'S NOTICE OF RELATED CASES

~

Additional explanation is attached in attachment H
Transferred from U.S.D.C. Northern District of Mississippi;

(i)

Status of Case:
Pending

(a)

Title: Singley v. Facebook, Inc.

(b)

Case Number: 5:12-cv-00670

(c)

Court: U.S.D.C. Northern District of California - San Jose Courthouse, 280
South 1st Street, San Jose, CA 95113

(d)

Department: Courtroom 4-5th Floor; Hon. Edward J. Davila

(e)

Case Type: other (specifY): Civil

(f)

Filing Date: October 5, 2011

(g)

Has this case been designated as "complex"?
proceeding)

(h)

Relationship of this case to the case referenced above:

6.

~
~

D
~

N/A (part of federal MDL

involves the same parties and is based on the same or similar claims.
arises from the same or substantially identical transactions, incidents, or
events requiring the determination of the same or substantially identical
questions of law or fact.
involves claims against, title to, possession of, or damages to the same
property.
is likely for other reasons to require substantial duplication of judicial
resources if heard by different judges.
~

Additional explanation is attached in attachment H

(i)

(a)

Title: Howard v. Face book, Inc.

(b)

Case Number: 5:12-cv-00671

(c)

Court: U.S.D.C. Northern District of California - San Jose Courthouse, 280
South 1st Street, San Jose, CA 95113

(d)

Department: Courtroom 4-5th Floor; Hon. Edward J. Davila

(e)

Case Type: other (specifY): Civil

(f)

Filing Date: October 4, 2011

(g)

7.

Status of Case: Transferred from U.S.D.C. Western District of Texas; Pending

Has this case been designated as "complex"?
proceeding)

SANTA CLARA SUP. CT.

No. 112-cv-217244

4.

N/A (part of federal MDL

ATTACHMENT A TO
FACEBOOK'S NOTICE OF RELATED CASES

(h)

Relationship of this case to the case referenced above:
119
119

D
119

involves the same parties and is based on the same or similar claims.
arises from the same or substantially identical transactions, incidents, or
events requiring the determination of the same or substantially identical
questions of law or fact.
involves claims against, title to, possession of, or damages to the same
property.
is likely for other reasons to require substantial duplication of judicial
resources if heard by different judges.
119

Additional explanation is attached in attachment H

(i)
(a)

Title: Graham v. Facebook, Inc.

(b)

Case Number: 5:12-cv-00673

(c)

Court: U.S.D.C. Northern District of California - San Jose Courthouse, 280
South 1st Street, San Jose, CA 95113

(d)

Department: Courtroom 4

(e)

Case Type: other (specifY): Civil

(f)

Filing Date: October 5, 2011

(g)

Has this case been designated as "complex"?
proceeding)

(h)

8.

Status of Case: Transferred from U.S.D.C. Southern District of Illinois; Pending

Relationship of this case to the case referenced above:
119
119

D
119

5th Floor; Hon. Edward J. Davila

N/A (part of federal MDL

involves the same parties and is based on the same or similar claims.
arises from the same or substantially identical transactions, incidents, or
events requiring the determination of the same or substantially identical
questions of law or fact.
involves claims against, title to, possession of, or damages to the same
property.
is likely for other reasons to require substantial duplication of judicial
resources if heard by different judges.
119

Additional explanation is attached in attachment H

(i)
(a)

Title: Hoffman v. Facebook, Inc.

(b)

Case Number: 5:12-cv-00674

(c)

Court: U.S.D.C. Northern District of California - San Jose Courthouse, 280
South 1st Street, San Jose, CA 95113

(d)

9.

Status of Case: Transferred from U.S.D.C. District of Kansas; Pending

Department: Courtroom 4-5th Floor; Hon. Edward J. Davila

SANTA CLARA SUP. CT.

No. 112-cv-217244

5.

ATTACHMENT A TO
FACEBOOK'S NOTICE OF RELATED CASES

(e)

Case Type: other (specifY): Civil

(f)

Filing Date: October 7, 2011

(g)

Has this case been designated as "complex"?
proceeding)

(h)

Relationship of this case to the case referenced above:
IBl
IBl

D
IBl

N/A (part of federal MDL

involves the same parties and is based on the same or similar claims.
arises from the same or substantially identical transactions, incidents, or
events requiring the determination of the same or substantially identical
questions of law or fact.
involves claims against, title to, possession of, or damages to the same
property.
is likely for other reasons to require substantial duplication of judicial
resources if heard by different judges.
IBl

Additional explanation is attached in attachment H

(i)
(a)

Title: Seamon v. Facebook, Inc.

(b)

Case Number: 5:12-cv-00675

(c)

Court: U.S.D.C. Northern District of California - San Jose Courthouse, 280
South 1st Street, San Jose, CA 95113

(d)

Department: Courtroom 4-5th Floor; Hon. Edward J. Davila

(e)

Case Type: other (specifY): Civil

(f)

Filing Date: October 10, 2011

(g)

Has this case been designated as "complex"?
proceeding)

(h)

10.

Status of Case:
Pending

Relationship of this case to the case referenced above:
IBl
IBl

D
IBl

SANTA CLARA SUP. CT.

No.112-cv-217244

N/A (part of federal MDL

involves the same parties and is based on the same or similar claims.
arises from the same or substantially identical transactions, incidents, or
events requiring the determination of the same or substantially identical
questions of law or fact.
involves claims against, title to, possession of, or damages to the same
property.
is likely for other reasons to require substantial duplication of judicial
resources if heard by different judges.
IBl

(i)

Transferred from U.S.D.C. Western District of Kentucky;

Additional explanation is attached in attachment H

Status of Case:
Pending

Transferred from U.S.D.C. Middle District of Louisiana;

6.

ATTACHMENT A TO
FACEBOOK'S NOTICE OF RELATED CASES

11.

(a)

Title: Thompson v. Facebook, Inc.

(b)

Case Number: 5:12-cv-00676

(c)

Court: U.S.D.C. Northern District of California - San Jose Courthouse, 280
South 1st Street, San Jose, CA 95113

(d)

Department: Courtroom 4

(e)

Case Type: other (specifY): Civil

(f)

Filing Date: September 30, 2011

(g)

Has this case been designated as "complex"?
proceeding)

(h)

Relationship of this case to the case referenced above:
IBl
IBl

D
IBl

5th Floor; Hon. Edward J. Davila

N/A (part of federal MDL

involves the same parties and is based on the same or similar claims.
arises from the same or substantially identical transactions, incidents, or
events requiring the determination of the same or substantially identical
questions of law or fact.
involves claims against, title to, possession of, or damages to the same
property.
is likely for other reasons to require substantial duplication of judicial
resources if heard by different judges.
IBl

Additional explanation is attached in attachment H

(i)

Status of Case:
Pending

(a)

Title: Campbell v. Face book, Inc.

(b)

Case Number: 5:12-cv-00796

(c)

Court: U.S.D.C. Northern District of California - San Jose Courthouse, 280
South 1st Street, San Jose, CA 95113

(d)

Department: Courtroom 4-5th Floor; Hon. Edward J. Davila

(e)

Case Type: other (specifY): Civil

(f)

Filing Date: November 21, 2011

(g)

Has this case been designated as "complex"?
proceeding)

12.

SANTA CLARA SUP. CT.

No. 112-cv-217244

Transferred from U.S.D.C. Western District of Missouri;

7.

N/A (part of federal MDL

ATTACHMENT A TO
FACEBOOK'S NOTICE OF RELATED CASES

(h)

Relationship of this case to the case referenced above:
IBl
IBl

0
IBl

involves the same parties and is based on the same or similar claims.
arises from the same or substantially identical transactions, incidents, or
events requiring the determination of the same or substantially identical
questions of law or fact.
involves claims against, title to, possession of, or damages to the same
property.
is likely for other reasons to require substantial duplication of judicial
resources if heard by different judges.
IBl

Additional explanation is attached in attachment H

(i)
(a)

Title: Quinn v. Facebook, Inc.

(b)

Case Number: 5:12-cv-00797

(c)

Court: U.S.D.C. Northern District of California - San Jose Courthouse, 280
South 1st Street, San Jose, CA 95113

(d)

Department: Courtroom 4-5th Floor; Hon. Edward J. Davila

(e)

Case Type: other (specifY): Civil

(f)

Filing Date: October 18, 2011

(g)

Has this case been designated as "complex"?
proceeding)

(h)

13.

Status of Case:
Pending

Relationship of this case to the case referenced above:
IBl
IBl

0
IBl

Transferred from U.S.D.C. Western District of Arkansas;

N/A (part of federal MDL

involves the same parties and is based on the same or similar claims.
arises from the same or substantially identical transactions, incidents, or
events requiring the determination of the same or substantially identical
questions of law or fact.
involves claims against, title to, possession of, or damages to the same
property.
is likely for other reasons to require substantial duplication of judicial
resources if heard by different judges.
IBl

Additional explanation is attached in attachment H

(i)
(a)

Title: Walker v. Facebook, Inc.

(b)

Case Number: 5:12-cv-00798

(c)

14.

Status of Case: Transferred from U.S.D.C. District of Hawaii; Pending

Court: U.S.D.C. Northern District of California - San Jose Courthouse, 280
South 1st Street, San Jose, CA 95113

SANTA CLARA SUP. CT.

No. 112-cv-217244

8.

ATTACHMENT A TO
FACEBOOK'S NOTICE OF RELATED CASES

(d)

Department: Courtroom 4-5th Floor; Hon. Edward J. Davila

(e)

Case Type: other (specifY): Civil

(f)

Filing Date: October 20, 2011

(g)

Has this case been designated as "complex"?
proceeding)

(h)

Relationship of this case to the case referenced above:
~

~

0
~

N/A (part of federal MDL

involves the same parties and is based on the same or similar claims.
arises from the same or substantially identical transactions, incidents, or
events requiring the determination of the same or substantially identical
questions of law or fact.
involves claims against, title to, possession of, or damages to the same
property.
is likely for other reasons to require substantial duplication of judicial
resources if heard by different judges.
~

Additional explanation is attached in attachment H

(i)

Status of Case: Transferred from U.S.D.C. District of Montana; Pending

(a)

Title: Burdick v. Facebook, Inc.

(b)

Case Number: 5:12-cv-00799

(c)

Court: U.S.D.C. Northern District of California - San Jose Courthouse, 280
South 1st Street, San Jose, CA 95113

(d)

Department: Courtroom 4- 5th Floor; Hon. Edward J. Davila

(e)

Case Type: other (specifY): Civil

(f)

Filing Date: October 25, 2011

(g)

Has this case been designated as "complex"?
proceeding)

(h)

Relationship of this case to the case referenced above:

15.

~
~

0
~

involves the same parties and is based on the same or similar claims.
arises from the same or substantially identical transactions, incidents, or
events requiring the determination of the same or substantially identical
questions of law or fact.
involves claims against, title to, possession of, or damages to the same
property.
is likely for other reasons to require substantial duplication of judicial
resources if heard by different judges.
~

SANTA CLARA SUP. CT.

No. 112-cv-217244

N/A (part of federal MDL

Additional explanation is attached in attachment H

9.

ATTACHMENT A TO
FACEBOOK'S NOTICE OF RELATED CASES

(i)

Status of Case:
Pending

(a)

Title: Stravato v. Facebook, Inc.

(b)

Case Number: 5:12-cv-00800

(c)

Court: U.S.D.C. Northern District of California - San Jose Courthouse, 280
South 1st Street, San Jose, CA 95113

(d)

Department: Courtroom 4-5th Floor; Hon. Edward J. Davila

(e)

Case Type: other (specifY): Civil

(f)

Filing Date: December 13, 2011

(g)

Has this case been designated as "complex"?
proceeding)

(h)

Relationship of this case to the case referenced above:

16.

IBI
IBI

0
IBI

Transferred from U.S.D.C. Western District of Oklahoma;

N/A (part of federal MDL

involves the same parties and is based on the same or similar claims.
arises from the same or substantially identical transactions, incidents, or
events requiring the determination of the same or substantially identical
questions of law or fact.
involves claims against, title to, possession of, or damages to the same
property.
is likely for other reasons to require substantial duplication of judicial
resources if heard by different judges.
IBI

Additional explanation is attached in attachment H

(i)
(a)

Title: Vickery v. Facebook, Inc.

(b)

Case Number: 5:12-cv-00801

(c)

Court: U.S.D.C. Northern District of California - San Jose Courthouse, 280
South 1st Street, San Jose, CA 95113

(d)

Department: Courtroom 4 - 5th Floor; Hon. Edward J. Davila

(e)

Case Type: other (specifY): Civil

(f)

Filing Date: November 14, 2011

(g)

17.

Status of Case: Transferred from U.S.D.C. District of Rhode Island; Pending

Has this case been designated as "complex"?
proceeding)

SANTA CLARA SUP. CT.

No. 112-CV-217244

10.

N/A (part of federal MDL

ATTACHMENT A TO
FACEBOOK'S NOTICE OF RELATED CASES

(h)

Relationship of this case to the case referenced above:
~
~

D
~

involves the same parties and is based on the same or similar claims.
arises from the same or substantially identical transactions, incidents, or
events requiring the determination of the same or substantially identical
questions of law or fact.
involves claims against, title to, possession of, or damages to the same
property.
is likely for other reasons to require substantial duplication of judicial
resources ifheard by different judges.
~

Additional explanation is attached in attachment H
Transferred from U.S.D.C. Western District of Washington;

(i)
(a)

Title: Maloney v. Facebook, Inc.

(b)

Case Number: 5:12-cv-00824

(c)

Court: U.S.D.C. Northern District of California - San Jose Courthouse, 280
South 1st Street, San Jose, CA 95113

(d)

Department: Courtroom 4-5th Floor; Hon. Edward J. Davila

(e)

Case Type: other (specifY): Civil

(f)

Filing Date: January 25, 2012

(g)

Has this case been designated as "complex"?
proceeding)

(h)

18.

Status of Case:
Pending

Relationship of this case to the case referenced above:
~

~

D
~

N/A (part of federal MDL

involves the same parties and is based on the same or similar claims.
arises from the same or substantially identical transactions, incidents, or
events requiring the determination of the same or substantially identical
questions of law or fact.
involves claims against, title to, possession of, or damages to the same
property.
is likely for other reasons to require substantial duplication of judicial
resources ifheard by different judges.
~

Additional explanation is attached in attachment H

(i)
(a)

Title: Khang v. Facebook, Inc.

(b)

Case Number: 5: 12-cv-00825

(c)

19.

Status of Case: Transferred from U.S.D.C. Southern District of Ohio; Pending

Court: U.S.D.C. Northern District of California - San Jose Courthouse, 280
South 1st Street, San Jose, CA 95113

SANTA CLARA SUP. CT.

No. 112-cv-217244

11.

ATTACHMENT A TO
FACEBOOK'S NOTICE OF RELATED CASES

(d)

Department: Courtroom 4-5th Floor; Hon. Edward J. Davila

(e)

Case Type: other (specifY): Civil

(f)

Filing Date: February 1, 2012

(g)

Has this case been designated as "complex"?
proceeding)

(h)

Relationship of this case to the case referenced above:
IBl
IBl

0
IBl

N/A (part of federal MDL

involves the same parties and is based on the same or similar claims.
arises from the same or substantially identical transactions, incidents, or
events requiring the determination of the same or substantially identical
questions of law or fact.
involves claims against, title to, possession of, or damages to the same
property.
is likely for other reasons to require substantial duplication of judicial
resources if heard by different judges.
IBl

Additional explanation is attached in attachment H
Transferred from U.S.D.C. Central District of California;

(i)

Status of Case:
Pending

(a)

Title: Carroll v. Facebook, Inc.

(b)

Case Number: 5:12-cv-00370-EJD

(c)

Court: U.S.D.C. Northern District of California - San Jose Courthouse, 280
South 1st Street, San Jose, CA 95113

(d)

Department: Courtroom 4- 5th Floor; Hon. Edward J. Davila

(e)

Case Type: other (specifY): Civil

(f)

Filing Date: January 24, 2012

(g)

Has this case been designated as "complex"?
proceeding)

(h)

Relationship of this case to the case referenced above:

20.

IBl
IBl

0
IBl

involves the same parties and is based on the same or similar claims.
arises from the same or substantially identical transactions, incidents, or
events requiring the determination of the same or substantially identical
questions of law or fact.
involves claims against, title to, possession of, or damages to the same
property.
is likely for other reasons to require substantial duplication of judicial
resources if heard by different judges.
IBl

SANTA CLARA SUP. CT.

No. 112-CV-217244

N/A (part of federal MDL

Additional explanation is attached in attachment H
12.

ATTACHMENT A TO
FACEBOOK'S NOTICE OF RELATED CASES

(i)
(a)

Title: Maguire v. Facebook, Inc.

(b)

Case Number: 5:12-cv-00807-EJD

(c)

Court: U.S.D.C. Northern District of California - San Jose Courthouse, 280
South 1st Street, San Jose, CA 95113

(d)

Department: Courtroom 4 - 5th Floor; Hon. Edward J. Davila

(e)

Case Type: other (specifY): Civil

(f)

Filing Date: February 17, 2012

(g)

Has this case been designated as "complex"?
proceeding)

(h)

21.

Status of Case: Pending

Relationship of this case to the case referenced above:
IBl
IBl

D
IBl

involves the same parties and is based on the same or similar claims.
arises from the same or substantially identical transactions, incidents, or
events requiring the determination of the same or substantially identical
questions of law or fact.
involves claims against, title to, possession of, or damages to the same
property.
is likely for other reasons to require substantial duplication of judicial
resources if heard by different judges.
IBl

(i)

N/A (part of federal MDL

Additional explanation is attached in attachment H

Status of Case: Pending

1010489 /HN

SANTA CLARA SUP. CT.

No.112-cv-217244

13.

ATTACHMENT A TO
FACEBOOK'S NOTICE OF RELATED CASES

Ung v. Facebook, Inc.
Santa Clara County Superior Court Case No. 112-cv-217244

Attachment H to Notice of Related Case 1
The Ung action involves overlapping subject matter and claims with In re Facebook

Internet Tracking Litigation, No. 5:12-md-02314-EJD (N.D. Cal.) (the "MDL Actions"), which
is comprised of numerous putative class actions on behalf of Facebook users that were filed in
various districts across the United States between September 2011 and February 2012. Facebook
is the sole defendant in these actions. Between February 8, 2012 and February 22, 2012, they
were transferred to this District by the United States Judicial Panel on Multidistrict Litigation to
"eliminate duplicative discovery; prevent inconsistent pretrial rulings, including with respect to
class certification; and conserve the resources of the parties, their counsel, and the judiciary." In

re Facebook Internet Tracking Litig., MDL No. 2314 (Dkt. 45) (J.P.M.L. Feb. 8, 2012).
The Ung complaint was filed on January 24, 2012 in Santa Clara Superior Court.
Facebook is the sole defendant.

The Ung Plaintiffs purport to represent a putative class of

Facebook users and non-Facebook users residing in the State of California who visited thirdparty websites displaying the Facebook "Like" button. (Ung Compl.

~~

4-6.) They allege that

Facebook used the Like button to collect individuals' browsing history using "cookies." (!d.

~~

4-6, 14-16.) The Ung Plaintiffs allege that Facebook uses, among other mechanisms, the "datr"
cookie to "record web browsing of its members and non-members whenever they visit web pages
enabled with the Like button or Facebook Connect."

(!d.~

14.) The Ung Plaintiffs cite the blog

ofNik Cubrilovic ("Cubrilovic"), whose research, they claim, allegedly revealed "that Facebook
collects Facebook members' web browsing data, even after they have logged out of Facebook,
by placing cookies on their computer and sharing their browsing data whenever the user visits a
Facebook-enabled webpage."

(!d.~

15.) The Cubrilovic blog entry that forms the basis of these

allegations states, "[w ]ith my browser logged out of Face book, whenever I visit any page with a
Facebook like button, or share button, or any other widget, the information, including my
1

This Attachment H is responsive to all cases listed in entries 1-21 in the accompanying
Attachment A.
SANTA CLARA SUP. CT.
NO. 112-CV-217244

1.

ATTACHMENTH TO
FACEBOOK'S NOTICE OF RELATED CASE

account

ID,

IS

still

being

sent

to

Facebook."

(New

http://nikcub.appspot.com/posts/logging-out-of-facebook-is-not-enough

(Sept.

Web

Order,

25,

2011).)

Facebook denies these allegations. Facebook's deadline to respond to the Ung complaint is
March 23, 2012.
The MDL Actions involve the same core set of allegations as Ung-that through the use
of "cookies" (and one specific cookie, called the "datr cookie"), Facebook collected the Internet
browsing history of individuals. (Compare Ung Compl.

~~

4-6, 14, 16 with Davis Compl.

~~

22-

23l The MDL Actions rely on the same September 2011 blog posts by Cubrilovic about
Face book cookies, including the datr cookie. (Compare Ung Compl.

~

15 with Davis Compl.

~~

21-23.) Cubrilovic's blog, upon which the Davis complaint heavily relies, states that the alleged
tracking complained of in Davis occurs whenever a User "visit[s] any page with a Facebook like
button,

or

share

button,

or

any

other

widget."

(See

http://nikcub.appspot.com/posts/logging-out-of-facebook-is-not-enough

New

Web

Order,

(Sept.

25,

2011)

(emphasis added).) This allegation directly mirrors the alleged conduct in Ung. 3 (See, e.g., Ung

2

The Court need not review every complaint in the MDL Actions to see the clear overlap and
connection between them and Ung. Instead, it may look primarily to one of the two first-filed
cases, Davis v. Facebook, No. 11-cv-04834-EJD (N.D. Cal.) ("Davis"), given that it was the
Davis plaintiffs who initiated proceedings before the MDL Panel, and the Davis case that the
MDL Panel determined involved the same core, operative facts as the other MDL Actions.
3

The current complaint is the Ung Plaintiffs' second attempt to pursue an action in state court.
They originally filed a significantly less-detailed complaint in state court last year. (Ung v.
Facebook, Inc., No. 111-cv-200467 (filed May 9, 2011).) Notably, that earlier case did not
discuss the "datr tracking cookie," which now figures prominently in the current complaint.
(Compare Ung v. Facebook, Inc., No. 111-cv-200467, Compl. ~~ 4-6 (claiming that Facebook
used the Like button and Facebook Connect to "track and collect" plaintiffs' "browsing history"
without consent but not mentioning the datr cookie) with Ung Compl. ~~ 4-6 (claiming that each
plaintiff found the datr cookie on his or her computer after having visited specific Facebookaffiliated websites and that Facebook used the Like button and Facebook Connect to "track and
collect" plaintiffs' "browsing history" without consent).) The original Ung complaint also did
not contain a single reference to Cubrilovic or his blog, which details how the datr cookie
allegedly works, as the current complaint does. (Ung Compl. ~ 14.) Nor did Plaintiffs' original
complaint allege a violation of California's wiretap law as the current complaint does. (Id ~~
42-49.)
Facebook subsequently removed that first Ung case to federal district court. After briefing
on Facebook's motion to dismiss and on jurisdictional issues was filed, the Ung Plaintiffs
SANTA CLARA SUP. CT.

No. 112-cv-217244

2.

ATTACHMENT H TO
FACEBOOK'S NOTICE OF RELATED CASE

Compl.

~

14.) Further, although the Ung action purports to assert claims on behalf of Facebook

users and non-Facebook users, virtually all of the Facebook user sub-class in Ung is
encompassed by the proposed Facebook user class in several of the MDL Actions. (E.g., Davis
Compl.

~

31 (seeking certification of a putative class of "all persons who had active Facebook

accounts and used Facebook between May 27, 2010 and September 26, 2011, both dates
inclusive, and whose privacy was violated by Facebook").) Moreover, Facebook will likely
assert similar legal and factual defenses in the Ung action and the MDL Actions and discovery
will likely involve similar documents, data, and communications.

1010497 /HN

voluntarily dismissed their federal action on December 14, 2011. (Ung v. Facebook, Inc., 3:11cv-02829-JSW (N.D. Cal.), Dkt. 41.) On January 24, 2012, the current complaint was filed with
the significant revisions and new detailed factual allegations concerning the datr tracking cookie
and the Cubrilovic blog posts.
SANTA CLARA SUP. CT.

No. 112-cv-217244

3.

ATTACHMENTHTO
FACEBOOK'S NOTICE OF RELATED CASE