In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 48

Transcript of Proceedings held on 06/29/2012, 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 8/10/2012. Redacted Transcript Deadline set for 8/20/2012. Release of Transcript Restriction set for 10/18/2012. (Rodriguez, Irene) (Filed on 7/20/2012)

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01:54PM

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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.

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_______________________

FACEBOOK

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C-12-2314-EJD
JUNE 29, 2012

PAGES 1 - 16

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THE PROCEEDINGS WERE HELD BEFORE
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:

KIESEL, BOUCHER & LARSON
BY: PAUL R. KIESEL
8648 WILSHIRE BOULEVARD
BEVERLY HILLS, CALIFORNIA
90211
BARTIMUS, FRICKELTON,
ROBERTSON & GORNY
BY: THOMAS FRICKELTON
11150 OVERBROOK ROAD
SUITE 200
LEAWOOD, KANSAS 66211

(APPEARANCES CONTINUED ON THE NEXT PAGE.)

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OFFICIAL COURT REPORTER: IRENE RODRIGUEZ, CSR, CRR
CERTIFICATE NUMBER 8074

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

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FOR THE PLAINTIFFS:

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BERGMANIS LAW FIRM
BY: ANDREW S. LYSKOWSKI
380 W. U.S. HIGHWAY 54
SUITE 201
P.O. BOX 229
CAMDENTON, MISSOURI 65020
MURPHY, FALCON,KUYKENDALL,
RAVENELL & MURPHY
BY: WILLIAM H. MURPHY, JR.
ONE SOUTH STREET
23RD FLOOR
BALTIMORE, MARYLAND 21202

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STEWARTS LAW US LLP
BY: DAVID A. STRAITE
535 FIFTH AVENUE
4TH FLOOR
NEW YORK, NEW YORK 10017

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

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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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JUNE 30, 2012

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

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THE CLERK:

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ON FOR CASE MANAGEMENT CONFERENCE.

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COUNSEL, PLEASE COME FORWARD AND STATE

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THE COURT:

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MR. FRICKLETON:

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THE COURT:

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MR. STRAITE:

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THE COURT:

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MR. MURPHY:

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THE COURT:

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MR. KIESEL:

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IN RE:

CALLING MDL ACTION 12-2314,

FACEBOOK INTERNET TRACKING LITIGATION.

YOUR APPEARANCES.
MR. BROWN:
FACEBOOK.

MATTHEW BROWN FOR DEFENDANT

THANK YOU.
THANK YOU.

GOOD AFTERNOON.

JAMES FRICKLETON FOR THE

PLAINTIFFS.

PLAINTIFFS.

GOOD AFTERNOON.
DAVID STRAITE FOR THE

GOOD AFTERNOON, YOUR HONOR.
THANK YOU.

GOOD AFTERNOON.

GOOD AFTERNOON, YOUR HONOR.

WILLIAM MURPHY FOR THE PLAINTIFFS.

AFTERNOON.

GOOD AFTERNOON.
AND, YOUR HONOR, GOOD

PAUL KIESEL FOR THE PLAINTIFFS AS WELL.
THE COURT:

THANK YOU.

GOOD AFTERNOON.

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MR. KIESEL:

AND TO YOU, YOUR HONOR.

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THE COURT:

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THE COURTROOM THAN THE LAST TIME.

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FOR BEING HERE.

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MANAGEMENT STATEMENT.

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PRESENTED THEY ARE ONE OF WHAT SHOULD WE DO ABOUT

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DISCOVERY?

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FORWARD WITH -- MY CONCERN IS YOUR 26 CONFERENCE,

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IS THAT IT APPEARED TO ME THAT, PERHAPS, THERE WAS

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A LACK OF CLARITY IN THE PHASES I SUGGESTED THAT WE

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GO FORWARD IN.

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WHICH PHASE WE'RE ON NOW AND YOU WANTED SOME

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GUIDANCE, AND I APPRECIATE THAT.

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MY THOUGHTS ARE THAT YOU SHOULD ENGAGE IN YOUR RULE

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26 CONFERENCE.

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2 WEEKS, 14 DAYS, GET THAT GOING AND THEN WHAT I

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WOULD LIKE AND PROPOSE FOR YOU TO DO IS TO SUBMIT

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YOUR PROPOSED SCHEDULE TO ME PERHAPS 14 DAYS

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THEREAFTER.

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WE HAVE A LITTLE MORE ROOM IN
SO THANK YOU ALL

THANK YOU FOR YOUR JOINT CASE
I APPRECIATE THAT.

IT SEEMS THAT THE ISSUES THAT ARE

AND WHAT SHOULD WE DO ABOUT GOING

RULE 26 CONFERENCE.
MY THOUGHT, WHEN I READ YOUR STATEMENT,

AND I THINK THERE WAS SOME QUESTION ABOUT

WHAT I WANTED TO INDICATE TO YOU IS THAT

I'D LIKE YOU TO DO THAT WITHIN

AND THEN I CAN LOOK AT THAT AND TWEAK IT

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OR MODIFY IT IF I THINK IT IS NECESSARY.

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INDICATING THAT AT LEAST ONE OF THE PARTIES FELT

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THAT, I THINK IT WAS YOU, MR. BROWN, THAT THERE BE

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A STAY ON DISCOVERY PENDING ANY FURTHER PROCEEDING.

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I'M HAPPY TO HEAR FROM YOU IF YOU WANT TO

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KNOW, ASIDE FROM WHEN WE ACTUALLY DO THE 26(F)

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CONFERENCE, BECAUSE OBVIOUSLY THERE ARE A NUMBER OF

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ISSUES THAT GET DISCUSSED IN THOSE CONFERENCES AND

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NOT ALL OF THEM TIE DIRECTLY TO DISCOVERY, BUT MY

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THINKING WAS SIMPLY THAT WE HAVE A COMPLAINT HERE

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THAT HAS GOT, I THINK, 11 CAUSES OF ACTION AND

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WE'RE FILING OUR MOTION TO DISMISS THAT IS COMING

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MONDAY AND THERE'S A BRIEFING SCHEDULE NOW SET OUT

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BY THE AGREEMENT OF THE PARTIES AND ORDER OF THE

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COURT FOR THAT.

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WE WOULD LIKE TO SEE WOULD BE TO RESOLVE WHAT THE

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SCOPE OF THE COMPLAINT, SOME OF THESE CLAIMS ARE

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GOING TO GO THROUGH AND OTHERS ARE NOT, ARE WE

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GOING TO BE ABLE TO GET LEAVE TO AMEND WHICH, OF

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COURSE, CHANGES THE ALLEGATIONS.

I THINK THERE WAS ANOTHER COMMENT

GO FORWARD ON THAT.
MR. BROWN:

YEAH.

I MEAN, MY THINKING ON

IT, AND THIS MAY NOT SURPRISE YOU, WOULD BE, YOU

AND IT STRIKES ME THAT THE APPROACH THAT

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AND BEFORE WE LAUNCH INTO DISCOVERY IT

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WOULD BE BETTER TO JUST UNDERSTAND WHETHER THE

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COMPLAINT IS GOING TO GO FORWARD, AND, IF SO, WHAT

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THE CONTOURS OF THE COMPLAINT ARE GOING TO BE.

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THE COURT:

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MR. FRICKLETON:

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PLAINTIFFS, I THINK IT IS WISE TO GO FORWARD WITH A

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RULE 26 CONFERENCE BECAUSE IT MAY BE THAT WE CAN

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RESOLVE SOME OF OUR ISSUES REGARDING DISCOVERY AT

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THAT TIME AND THEREAFTER TO SUBMIT A PROPOSED

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SCHEDULE THAT WILL HAVE, I'M SURE SOME ITEMS AGREED

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TO AND PERHAPS SOME ITEMS NOT AGREED TO, AND THEN

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YOU CAN MAKE THAT DECISION.

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ANY OTHER CASE IN THAT THERE MAY BE SITUATIONS

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WHERE A MOTION TO DISMISS IS FILED, AND WE BELIEVE

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THE RULES ARE STRAIGHTFORWARD THAT IT SHOULD GO

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FORWARD AND WE BELIEVE THERE'S NO --

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THINGS WITH MY EXPERIENCE, I UNDERSTAND THAT WE

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COULD HAVE A 26(F) AND GIVE YOU A PROPOSED

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SCHEDULE, BUT THE 26(F) IS THE TRIGGER UNDER THE

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RULES TO START, AND MY EXPERIENCE HAS BEEN THAT WE

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OFTEN GET ALL KINDS OF DISCOVERY THE DAY AFTER THE

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26(F) CONFERENCE AND YOU'RE GOING TO SEE HOW YOU'RE

SURE.
YOUR HONOR, ON BEHALF OF

I THINK THERE ARE -- THIS IS NOT UNLIKE

MR. BROWN:

AND A COUPLE OF PRACTICAL

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GOING TO GET THIS STAYED AND HOW YOU'RE GOING TO

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RESPOND.

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UNFORTUNATELY, BUT, YOU KNOW, I UNDERSTAND THE

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FEDERAL RULES ARE SET OUT WITH CERTAIN TIMING IN

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MIND BUT CASES ARE DIFFERENT AND NOT ALL CASES ARE

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LIKE THIS ONE.

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BEHALF OF THE CLIENT, FRANKLY, IS TO SEE US SPEND A

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COUPLE OF HUNDRED THOUSAND DOLLARS ON DISCOVERY

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WHILE OUR MOTION TO DISMISS IS PENDING, AND THAT'S

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NOT REALLY AN EXAGGERATION.

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VERY QUICKLY.

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YOUR COLLEAGUE OPPOSITE, ABOUT SHOULD WE TREAT THIS

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CASE DIFFERENTLY THAN ANY OTHER CASE?

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OUTLIER TO THE FEDERAL RULES?

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BE TREATED ANY DIFFERENT?

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ANSWER I CAME UP WITH IS, NO, IT SHOULD GO FORWARD

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JUST AS ANY OTHER CASE.

THE COURT:

SO YOU HAVE GREAT EXPERIENCE

MR. BROWN:

IT HAS HAPPENED A FEW TIMES,

IN THIS?

AND WHAT I DON'T WANT TO SEE HAPPEN ON

THE COURT:

I MEAN, IT ADDS UP

WELL, I APPRECIATE THAT

CONCERN, I DO, IT'S A REALISTIC ONE.
I WAS CURIOUS, YOU TOUCHED ON, AS DID

IS IT AN

AND I WHY SHOULD IT

AND I THOUGHT ABOUT THAT, AND I GUESS THE

NOT TO DISPARAGE THE CASE

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OR ANYTHING, BUT I DON'T SEE ANY REASON TO DEPART

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FROM THE RULES.

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THERE'S A REQUEST TO STAY DISCOVERY PENDING

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WHATEVER, I WOULD RESPECTFULLY DECLINE THAT

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INVITATION, AND I THINK DISCOVERY SHOULD GO FORWARD

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AS IN ANY OTHER CASE.

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AND AS YOU SUGGEST, THE 26(F) TRIGGERS

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THAT AND WHAT I'D LIKE YOU TO DO IS TO HAVE YOUR

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CONFERENCE, AS I SAID, WITHIN TWO WEEKS OF TODAY'S

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DATE AND THEN TWO WEEKS AFTER THAT I APPRECIATE A

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PROPOSED SCHEDULE FROM YOU AND I'LL LOOK AT IT AND

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TWEAK IT OR LET YOU KNOW MY THOUGHTS ON IT AND GET

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IT BACK TO YOU SHORTLY THEREAFTER.

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DISCOVERY AT THIS POINT.

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FORWARD AND HOPEFULLY IT WON'T BE TREMENDOUSLY

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EXPENSIVE.

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YOU'RE PROBABLY RENTING THE TRUCKS TO GET THEM UP

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TO THE DOCKS.

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PRIOR MEETING ABOUT THE MOTION PRACTICE, AND I

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THINK YOU HAVE THOSE DATES.

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MR. FRICKLETON:

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MR. BROWN:

SO IT WOULD BE MY THOUGHT IS THAT IF

I'M NOT GOING TO SUSPEND THE STAY OF
I THINK THAT CAN GO

I UNDERSTAND IN A CASE LIKE THIS THAT

BUT YOU DO HAVE THE SCHEDULE FROM THE

THAT'S CORRECT.

THAT'S CORRECT, YOUR HONOR.

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THE COURT:

TERRIFIC.

I'M HAPPY TO

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MR. BROWN:

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MR. FRICKLETON:

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WE CAN TALK ABOUT THIS NOW OR IT CAN ALSO GET TEED

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UP WHEN WE PROPOSE A SCHEDULE, DEPENDING ON WHETHER

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THE PARTIES SEE EYE TO EYE OR ON PROPOSING

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COMPETING SCHEDULES BUT IS EXACTLY, THE SCOPE OF

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DISCOVERY, YOU KNOW, WE OFTEN PROPOSE THAT

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DISCOVERY BE BIFURCATED BETWEEN CLASSIFICATION

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RELATED DISCOVERY AND MERITS DISCOVERY.

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CRYSTAL CLEAR, AND I WOULDN'T TRY TO TAKE A

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POSITION TO THE CONTRARY.

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CAN AGREE THAT THERE'S AT LEAST SOME BALANCE TO

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WHAT WE BELIEVE IS A CLASS CERTIFICATION ISSUE AND

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IT CAN OFTEN BE VERY HELPFUL TO A DEFENDANT LIKE

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FACEBOOK TO HAVE SOME LIMITATIONS PUT ON THAT

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BECAUSE IF THE CASE IS NOT GOING TO GET PAST A

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MOTION TO DISMISS, IT'S NOT GOING TO GET PAST A

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MOTION FOR CLASS CERTIFICATION TO THEN ENGAGE IN

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WIDE OPEN, FULL ON MERITS DISCOVERY CAN BE VERY,

ANSWER ANY OTHER QUESTIONS YOU MIGHT HAVE.
I GUESS ONE -I HAVE, BUT GO RIGHT ON

AHEAD.
MR. BROWN:

I GUESS ONE OTHER ISSUE, AND

I ACKNOWLEDGE THAT THE LINE IS NOT ALWAYS

AT THE SAME TIME OFTENTIMES THE PARTIES

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VERY BURDENSOME TO THE COMPANY.

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I'M NOT TALKING ABOUT JUST COST, I'M

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TALKING ABOUT BURDEN TO THE COMPANY AS WELL AS

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COST.

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PUT ON THE TABLE AND WE WOULD LIKE TO HAVE

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BIFURCATION.

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THAT IS A VERY GOOD SUBJECT FOR OUR RULE 26(F)

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MEETING.

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LEGITIMATE ISSUE, AND WE NEED TO TALK ABOUT HOW TO

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APPROACH THAT AND I THINK THAT SHOULD BE THE FIRST

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ORDER OF BUSINESS IN WHAT WE DO.

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AFTER WE HAVE THAT MEETING AND MAYBE HOPEFULLY

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NARROW THAT ISSUE, IF IT'S NECESSARY TO HAVE SOME

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COMMUNICATION WITH THE COURT, IF WE CAN MAYBE DO

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THAT IN SOME FASHION, THAT MIGHT BE HELPFUL.

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HAPPY TO MAKE MYSELF AVAILABLE TO YOU ACCORDING TO

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OUR COURT SCHEDULE, BUT I WOULD LIKE TO ALLOW YOU,

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I MEAN, YOU'RE BOTH EXPERIENCED COUNSEL AND YOU

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KNOW THE ISSUES THAT COME UP FROM DISCOVERY AND HOW

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IT CAN BE BURDENSOME AND SOMETIMES COURTS SEE IT AS

AND SO THAT'S SOMETHING THAT I JUST WANT TO

THE COURT:

THANK YOU FOR THAT.

AND DO

YOU WANT TO COMMENT ON THAT?
MR. FRICKLETON:

I WOULD SUGGEST THAT

I UNDERSTAND THE ISSUE AND IT'S A

PERHAPS IF IT'S ACCEPTABLE TO YOUR HONOR,

THE COURT:

LET ME JUST EXPRESS, I'M

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-- VIEW IT FROM THE PLAINTIFF'S SIDE, WELL, THIS IS

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JUST THEIR OPPORTUNITY TO GET AS MUCH AS THEY CAN

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AS QUICKLY AS THEY CAN AND IT'S REALLY NOT GERMANE

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TO THE COURT AT THIS TIME, AND I'M COGNIZANT OF

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THAT ARGUMENT, AND I'LL LOOK AT THAT.

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DISCOVERY OF SOME SORT, AND I'M SURE YOU'RE WILLING

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TO GIVE THEM WHAT YOU CAN AND A REASONABLE REQUEST.

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HASH OUT THOSE ISSUES HOPE.

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YOU CAN FOCUS DOWN ON WHAT IS REALLY NECESSARY AND

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THEN WE CAN LOOK AT WHETHER OR NOT WE NEED TO

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ACTUALLY BIFURCATE AND HOW MUCH BIFURCATION IS

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NEEDED IF YOU CAN'T DO THAT BETWEEN AND AMONGST

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YOURSELVES.

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INEXPENSIVE AND NOT WITHOUT ITS BURDENS ON BOTH

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SIDES, BUT I UNDERSTAND THE EMPLOYEES OF THE

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COMPANY COULD BE BURDENED BY STAFF HOURS DEVOTED TO

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COLLECTING INFORMATION.

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PRACTICAL THING, I SUSPECT THAT THIS IS SOMETHING

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THAT WE CAN WORK OUT, BUT I JUST WANT TO PUT IT OUT

ON THE OTHER HAND, PLAINTIFFS NEED SOME

SO I'LL GIVE YOU BOTH AN OPPORTUNITY TO

MR. FRICKLETON:

HOPEFULLY, AS YOU SAY,

WE HAVE TO MEASURE THE

EXPENSE IN A SIMILAR FASHION.
THE COURT:

MR. BROWN:

ABSOLUTELY.

IT'S NOT

AND ONE MERE MATERIAL

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THERE BECAUSE UNFORTUNATELY IN THE LAST COUPLE OF

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YEARS THIS HAS HAPPENED SEVERAL TIMES, IF WE GET

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HIT WITH VERY BROAD DISCOVERY, AND A LOT OF TIMES

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THAT'S KIND OF WHAT HAPPENS, YOU GET VERY BROAD

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DISCOVERY REQUESTS AND MAYBE THEY GET SCALED BACK

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AT SOME POINT BUT IF WE'RE GOING TO HAVE THE 26(F)

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14 DAYS LATER WE SUBMIT A PROPOSED SCHEDULE, WE

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EITHER MAY OR MAY NOT AGREE ON WHETHER THERE SHOULD

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BE BIFURCATION OR TO WHAT DEGREE.

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WHERE WE'RE GETTING VERY CLOSE TO OUR 30-DAY TIME

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TO RESPOND.

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ISSUE, WE MAY END UP INCURRING THE VERY EXPENSE OR

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BURDEN THAT I WAS TRYING TO AVOID --

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THE COURT:

SURE.

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MR. BROWN:

-- THAT COULD EITHER BE

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RESOLVED, POTENTIALLY, IF WE SEE EYE TO EYE IN

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BIFURCATION OF THE 26(F).

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REACHING SOME AGREEMENT AS TO EXTENDING THE

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DISCOVERY RESPONSE DEADLINE SO THAT WE CAN GET THE

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ISSUE WORKED OUT.

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AND, AGAIN, WE COULD BE IN A SITUATION

AND IF WE HAVE NOT RESOLVED THAT

THE OTHER WAY IT CAN BE RESOLVED IS US

MR. FRICKLETON:

AND WE'LL ALWAYS BE

REASONABLE ON THAT.
THE COURT:

YOU KNOW, I SEE GOOD FACES IN

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THIS CASE AND PERHAPS THAT'S SOMETHING THAT COULD

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CARRY OVER TO YOUR DISCOVERY DISCUSSION AS WELL.

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YOU WANTED TO RAISE ANOTHER ISSUE?

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MR. FRICKLETON:

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HEARING ON THE ANTICIPATED MOTIONS IS ALREADY

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SCHEDULED ON SEPTEMBER 21ST.

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ROBERTSON, AGREED TO THAT WITHOUT CONSULTING HIS

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CALENDAR VERY CLOSELY.

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RETREAT WHICH IS GOING TO TAKE ALL OF US OUT OF THE

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BEFOREHAND.

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ISSUES, BUT IF THERE'S A POSSIBILITY OF MAYBE

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MOVING THAT DATE, IT WOULD GREATLY HELP US.

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THE COURT:

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MR. FRICKLETON:

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YES, YOUR HONOR.

THE

MY PARTNER, CHIP

OUR FIRM HAS GOT A FIRM

OFFICE.
THE COURT:

IS IT A LOVELY LOCATION?

SHOULD I ENTERTAIN A CHANGE OF VENUE MOTION?
MR. FRICKLETON:

IT'S IN NORTH CAROLINA

SO THAT RANGES FROM THE RIDICULOUS TO THE SUBLIME.
AND I TALKED WITH MR. BROWN ABOUT THIS
HE HAS OBVIOUSLY HIS OWN SCHEDULING

IS IT THAT ENTIRE WEEK?
WE HAD -- WE'RE OUT WE

HAD THURSDAY, FRIDAY.
THE COURT:

I SEE.

LET ME ASK OUR

COURTROOM DEPUTY, MS. GARCIA, TO LOOK AT THAT.
AND, MR. BROWN, IF YOU WANT TO COMMENT,
WE'LL LOOK INTO THIS.

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MR. BROWN:

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THAT BY -- I MEAN, I CAN LOOK AT MY SCHEDULE HERE,

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BUT I WOULD LIKE TO RUN THAT BY OTHER PEOPLE AT

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COOLEY IF I COULD BEFORE WE AGREE ON A DATE.

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OUR CALENDAR HERE AND WE'LL OFFER YOU SOME PROPOSED

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DATES AND MAYBE IT'S TOO MUCH TO ASK YOU DURING

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YOUR CONFERENCE.

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BEFORE THEN?

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SOME PROPOSED DATES OR MAYBE CHECK WITH EVERYONE'S

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CALENDARS IN THE NEXT WEEK OR TWO IF WE CAN GET

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SOMETHING LOCKED IN.

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THE COURT:

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(PAUSE IN PROCEEDINGS.)

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THE COURT:

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CAN GO TO, WITHOUT ANY DIFFICULTY, THE 28TH OF

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SEPTEMBER, AND OCTOBER THE 5TH, OR 12TH, WITHOUT

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ANY DIFFICULTY, KEEPING IT ON OUR REGULAR FRIDAY

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LAW AND MOTION CALENDAR.

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BE AT 9:00 O'CLOCK.

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WE MIGHT HAVE SOME FLEXIBILITY,

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MS. GARCIA, DO WE, THOSE AFTERNOONS OR LATER IN THE

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MORNING?

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THE COURT:

I WOULD REALLY LIKE TO RUN

WELL, LET'S -- WE'LL LOOK AT

YOU PROBABLY NEED AN ANSWER

MAYBE?

I DON'T KNOW.

MR. FRICKLETON:

I THINK IF WE CAN GET

OKAY.

MS. GARCIA TELLS ME THAT WE

MR. FRICKLETON:

AND THAT WOULD TYPICALLY

I'M OKAY WITH EITHER OF

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THOSE.

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THE CLERK:

THE AFTERNOON IS FINE.

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THE COURT:

SO WE COULD USE AN AFTERNOON

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IF WE NEEDED TO IF THAT FITS YOUR SCHEDULE OR IF

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YOU THINK IT'S GOING TO TAKE ALL MORNING AND SOME

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TIME IN THE AFTERNOON, WE COULD HAVE THE AFTERNOON.

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THE COURT:

THAT WOULD BE GREAT.

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MR. BROWN:

ALL RIGHT.

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THE COURT:

ANYTHING ELSE?

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MR. KIESEL:

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JUST TO REPORT AS LIAISON COUNSEL, AS OF YESTERDAY

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I'M PLEASED TO REPORT THAT ALL COUNSEL ARE NOW ON

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THE ECF OR GOING TO BE REMOVED FROM ECF SO THE

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BURDEN ON THE COURT TO DO ANY PERSONAL SERVICE ARE

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NOW ENDED.

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THE COURT:

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MR. KIESEL:

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02:23PM

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PROBLEMS WITH ECF JUST NOW.

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HOPEFULLY IT WILL BE THERE ON MONDAY.

MR. FRICKLETON:

IF WE CAN DO OUR

CHECKING AND GET BACK WITH MS. GARCIA NEXT WEEK?
OKAY.

THANK YOU.

YOUR HONOR, PAUL KIESEL.

THANK YOU.
AND THANKS TO MY STAFF WHO

ACTUALLY DID IT BEHIND ME.
MR. BROWN:

THIS MAY BE THE WRONG DAY TO

TALK ABOUT ECF.
THE COURT:

WE'RE HAVING A LITTLE
YES, WE ARE.

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02:23PM

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02:23PM

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MR. FRICKLETON:

02:23PM

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MR. BROWN:

02:23PM

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(WHEREUPON, THE PROCEEDINGS IN THIS

02:23PM

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ALL RIGHT.

THANK YOU VERY MUCH.

HAVE A

GOOD WEEKEND AND A GOOD HOLIDAY.
THANK YOU, YOUR HONOR.

THANK YOU, YOUR HONOR.

MATTER WERE CONCLUDED.)

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CERTIFICATE OF REPORTER

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I, THE UNDERSIGNED OFFICIAL COURT

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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:

JULY 18, 2012