In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 88

STIPULATION WITH PROPOSED ORDER CONCERNING BRIEFING SCHEDULE FOR FACEBOOK'S MOTION TO DISMISS filed by Facebook Inc.. (Attachments: #1 Declaration of Jeffrey M. Gutkin)(Gutkin, Jeffrey) (Filed on 11/20/2015)

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COOLEY LLP
MICHAEL G. RHODES (116127)
([e-mail])
MATTHEW D. BROWN (196972)
([e-mail])
JEFFREY M. GUTKIN (216083)
([e-mail])
KYLE C. WONG (224021)
([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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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In re: Facebook Internet Tracking Litigation

Case No. 12-md-02314 EJD
DECLARATION OF JEFFREY M. GUTKIN
IN SUPPORT OF STIPULATION AND
[PROPOSED] ORDER CONCERNING
BRIEFING SCHEDULE FOR FACEBOOK’S
MOTION TO DISMISS

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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 Facebook, 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 for Facebook’s Motion to Dismiss,” filed concurrently

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herewith.

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

1.

GUTKIN DECL. I/S/O
STIP. & [PROPOSED] ORDER
CASE NO. 12-MD-02314 EJD

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Amended Consolidated Class Action Complaint (“SAC”) on or before November 30, 2015.

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Plaintiffs’ counsel has informed me that they intend to file the anticipated Second

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Facebook currently intends to file a motion to dismiss the anticipated SAC (the

“Motion to Dismiss”).

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4.

Pursuant to Civil Local Rule 7-3, the deadline for Facebook to file its Motion to

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Dismiss would be 14 days after Plaintiffs file the SAC, the deadline for Plaintiffs to file their

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opposition to the Motion to Dismiss would be 14 days after Facebook files its Motion to Dismiss,

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and the deadline for Facebook to file its reply in support of the Motion to Dismiss would be 7

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days after Plaintiffs’ opposition is due.

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5.

The only previous time modifications, since the Court ordered consolidation of the

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actions, were to extend the briefing schedule on Facebook’s motion to dismiss an earlier version

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of Plaintiffs’ complaint (Dkt #39) and resetting the hearing date on Facebook’s motion to dismiss

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(Dkt #51).

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6.

Facebook believes (and I am informed that Plaintiffs believe) that a modest

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extension of the briefing schedule on the Motion to Dismiss is reasonable in light of the

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upcoming December holidays and the nature of the case and the claims in the anticipated SAC,

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and such an extension will provide the Court with more thorough and useful briefing on the

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issues.

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7.

Altering the briefing schedule on the Motion to Dismiss will not affect the date or

deadline of any event or deadline already affixed by the Court.
I declare under penalty of perjury that the foregoing is true and correct. Executed on
November 20, 2015 in Oakland, California.

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/s/ Jeffrey M. Gutkin
JEFFREY M. GUTKIN

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124068201

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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GUTKIN DECL. I/S/O
STIP. & [PROPOSED] ORDER
CASE NO. 12-MD-02314 EJD