In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 46

Declaration of Solanki in Support of # 45 Request for Judicial Notice, filed byFacebook Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) # 45 ) (Brown, Matthew) (Filed on 7/2/2012)

1
2
3
4
5
6
7

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]
Attorneys for Defendant
FACEBOOK, INC.

8
9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11

SAN JOSE DIVISION

12
13

Case No. 5:12-md-02314 EJD

In re: Facebook Internet Tracking Litigation

DECLARATION OF SANDEEP SOLANKI IN
SUPPORT OF DEFENDANT FACEBOOK,
INC.’S MOTION TO DISMISS PLAINTIFFS’
CORRECTED FIRST AMENDED
CONSOLIDATED CLASS ACTION
COMPLAINT (FED. R. CIV. P. 12(b)(1) &
12(b)(6))

14
15
16
17
18

DATE:
TIME:
COURTROOM:
JUDGE:
TRIAL DATE:

19
20
21

September 21, 2012
9:00 a.m.
4
Edward J. Davila
None Set

22
23
24

I, Sandeep Solanki, hereby declare as follows:
1.

I am an attorney employed as Lead Litigation Counsel by Defendant Facebook,

25

Inc. (“Facebook”). Except as otherwise noted, I have personal knowledge of the following facts

26

and if called to testify could and would testify competently thereto.

27
28

2.

Facebook’s Statement of Rights and Responsibilities (“SRR”) (previously referred

to as Facebook’s “Terms of Use,” and sometimes also referred to as “Terms of Service” or just

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

1.

SOLANKI DECLARATION IN SUPPORT OF
DEF. FACEBOOK’S MOTION TO DISMISS
CASE NO. 5:12-MD-02314 EJD

1

“Terms”) sets forth certain rights and responsibilities of both Facebook and users of the Facebook

2

website (“Users”). The SRR is posted on the Facebook website, and can be viewed, among other

3

ways, by clicking on a link titled “Terms” when users register for Facebook, or by clicking on the

4

“Terms” link at the bottom of most pages on the Facebook website. Users must agree to the SRR

5

when registering for an account. Attached as Exhibit A is a true and correct copy of the SRR that

6

was effective as of May 27, 2010 (this SRR indicates, “Date of Last Revision: April 22, 2010”),

7

the beginning of the proposed class period in this case. Attached as Exhibit B is a true and

8

correct copy of the SRR that was in effect from April 26, 2011 (this SRR indicates, “Date of Last

9

Revision: April 26, 2011”) through the end of the proposed class period.

10

3.

Facebook’s Privacy Policy (also known as Facebook’s “Data Use Policy” as of

11

September 23, 2011) discloses, among other things, what information Facebook receives and how

12

that information is used. The Privacy Policy is posted on the Facebook website, and can be

13

found, among other ways, by clicking on a link titled “Privacy Policy” in the SRR, and by

14

clicking on a link titled “Privacy” at the bottom of most pages on the Facebook website. Users

15

must acknowledge that they have read Facebook’s Privacy Policy when registering for the site.

16

Attached as Exhibit C is a true and correct copy of Facebook’s Privacy Policy that was effective

17

as of May 27, 2010 (this Privacy Policy indicates, “Date of last revision: April 22, 2010”), the

18

beginning of the proposed class period in this case. Attached as Exhibit D is a true and correct

19

copy of Facebook’s Data Use Policy (Privacy Policy) that was in effect from September 23, 2011

20

(this Data Use Policy indicates, “Date of last revision: September 23, 2011”) through the end of

21

the proposed class period.

22

//

23

//

24

//

25

//

26

//

27

//

28

//

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

2.

SOLANKI DECLARATION IN SUPPORT OF
DEF. FACEBOOK’S MOTION TO DISMISS
CASE NO. 5:12-MD-02314 EJD

1

4.

2

Executed on July 2, 2012 at Menlo Park, California.

I declare under penalty of perjury that the foregoing is true and correct.

3
4
/s/ Sandeep Solanki
Sandeep Solanki

5
6
7

ATTESTATION

8

In accordance with General Order No. 45 § X(B), I hereby attest that I have obtained

9

concurrence in the filing of this Declaration from the signatory listed above.

10

By:__

11

/s/ Matthew D. Brown_____________
Matthew D. Brown

12
2631383/ST

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

3.

SOLANKI DECLARATION IN SUPPORT OF
DEF. FACEBOOK’S MOTION TO DISMISS
CASE NO. 5:12-MD-02314 EJD