Campbell et al v. Facebook Inc.

Filing 103

RESPONSE (re 96 MOTION to Dismiss Claims and Withdraw David Shadpour as Putative Class Representative ) Defendant Facebook, Inc.'s Opposition to Plaintiffs' Motion to Withdraw Plaintiff David Shadpour Without Prejudice filed byFacebook Inc.. (Attachments: # 1 Declaration of Christopher Chorba In Support of Defendant Facebook, Inc.'s Opposition to Plaintiffs' Motion to Withdraw Plaintiff David Shadpour Without Prejudice, # 2 Exhibit 1 to Chorba Decl. ISO Facebook's Opposition, # 3 Exhibit 2 to Chorba Decl. ISO Facebook's Opposition, # 4 Exhibit 3 to Chorba Decl. ISO Facebook's Opposition, # 5 Exhibit 4 to Chorba Decl. ISO Facebook's Opposition, # 6 Exhibit 5 to Chorba Decl. ISO Facebook's Opposition (Filed Under Seal), # 7 Exhibit 6 to Chorba Decl. ISO Facebook's Opposition)(Chorba, Christopher) (Filed on 7/27/2015)

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GIBSON, DUNN & CRUTCHER LLP
JOSHUA A. JESSEN, SBN 222831
[e-mail]
JEANA BISNAR MAUTE, SBN 290573
[e-mail]
ASHLEY M. ROGERS, SBN 286252
[e-mail]
1881 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
GIBSON, DUNN & CRUTCHER LLP
GAIL E. LEES, SBN 90363
[e-mail]
CHRISTOPHER CHORBA, SBN 216692
[e-mail]
333 South Grand Avenue
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
FACEBOOK, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISON

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MATTHEW CAMPBELL, MICHAEL
HURLEY, and DAVID SHADPOUR,
Plaintiffs,
v.
FACEBOOK, INC.,
Defendant.

Case No. C 13-05996 PJH (MEJ)
PUTATIVE CLASS ACTION
DECLARATION OF CHRISTOPHER
CHORBA IN SUPPORT OF DEFENDANT
FACEBOOK, INC.’S OPPOSITION TO
PLAINTIFFS’ MOTION TO WITHDRAW
PLAINTIFF DAVID SHADPOUR
WITHOUT PREJUDICE

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Gibson, Dunn &
Crutcher LLP

DECLARATION OF CHRISTOPHER CHORBA IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S
OPPOSITION TO PLAINTIFFS’ MOTION TO WITHDRAW PLAINTIFF DAVID SHADPOUR
Case No. C 13-05996 PJH (MEJ)

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I, Christopher Chorba, declare as follows:

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1.

I am an attorney admitted to practice law before this Court. I am a partner in the law

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firm of Gibson, Dunn & Crutcher LLP, and I am one of the attorneys responsible for representing

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Defendant Facebook, Inc. in the above-captioned action. I submit this declaration in support of

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Facebook’s Opposition to Plaintiffs’ Motion to Withdraw Plaintiff David Shadpour Without

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Prejudice. Unless otherwise stated, the following facts are within my personal knowledge and, if

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called and sworn as a witness, I could and would testify competently to these facts.

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me (and my co-counsel) that Plaintiff David Shadpour wished to withdraw from the action. During
this conference, I explained to Plaintiffs’ counsel that Facebook would evaluate the request, but it
would require Mr. Shadpour to complete his document production, respond to Facebook’s pending
Interrogatories, and sit for a deposition.

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Gibson, Dunn &
Crutcher LLP

During a lengthy meet and confer call on March 17, 2015, Plaintiffs’ counsel informed

3.

On April 16, 2015, Facebook served draft notices of deposition for the named

Plaintiffs, including Mr. Shadpour. A true and correct copy of the draft deposition notice for Mr.
Shadpour is attached as Exhibit 1. Consistent with Civil Local Rule 30-1, Facebook asked to meet
and confer with Plaintiffs’ counsel regarding the scheduling of these depositions. Along with my cocounsel Joshua Jessen, I repeatedly attempted to obtain dates for Mr. Shadpour’s deposition on
several occasions, including separate inquiries on May 1, May 5, May 6, May 7, May 12, and
May 26. Accordingly, the only reason that “[n]o date for such a deposition has been set” (Dkt. 96
at 3:2-3) is because Plaintiffs’ counsel has refused to provide one. Further, during these discussions,
Facebook offered to take the deposition in Mr. Shadpour’s hometown of Los Angeles, California, at a
mutually agreeable date. 1
4.

Two weeks later, on April 30, Plaintiffs’ counsel served a proposed stipulation

regarding the dismissal of Mr. Shadpour. Attached as Exhibit 2 is a true and correct copy of this
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Even though the draft notices (Exhibit 1) specified Gibson Dunn’s Palo Alto office as the location
for all three depositions, the parties subsequently agreed to hold the depositions of Messrs.
Campbell and Hurley at Plaintiffs’ counsel’s offices in San Francisco.
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DECLARATION OF CHRISTOPHER CHORBA IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S
OPPOSITION TO PLAINTIFFS’ MOTION TO WITHDRAW PLAINTIFF DAVID SHADPOUR
Case No. C 13-05996 PJH (MEJ)

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proposed stipulation. During a subsequent discussion among the parties, Facebook explained that the

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stipulation was unacceptable because it did not allow for the completion of Mr. Shadpour’s discovery

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obligations (including his deposition).

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5.

On Wednesday, May 27, at approximately 5:15 p.m., counsel for Plaintiffs (Melissa

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Gardner) wrote to me and my colleagues: “You requested that we let you know prior to filing papers

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regarding Mr. Shadpour’s withdrawal as a plaintiff and putative class representative. We will be

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filing those papers today.” I responded immediately, and I asked Ms. Gardner to “inform the Court

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that this request is opposed insofar as there are outstanding discovery requests and a deposition notice

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to Mr. Shadpour.” A true and correct copy of this exchange is attached hereto as Exhibit 3.

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Plaintiffs did not file any motion to withdraw at this time, and, instead, raised Mr. Shadpour’s request

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to withdraw through the parties’ joint discovery letter brief to Magistrate Judge James.

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6.

Along with the two other named Plaintiffs, Mr. Shadpour has served substantial

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discovery on Facebook, including three sets of document requests (60 total requests), two sets of

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interrogatories, and one set of requests for admission. Mr. Shadpour (along with his co-Plaintiffs)

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served additional discovery requests on Facebook on May 26, 2015 (after his counsel notified

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Facebook that he intended to withdraw), and again on June 29, 2015 (after the parties briefed

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Facebook’s motion to compel his deposition and document production).

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7.

Attached as Exhibit 4 is a true and correct copy of Mr. Shadpour’s Objections and

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Responses to Facebook’s First Set of Requests for Production of Documents, dated March 9, 2015.

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In these responses, Mr. Shadpour stated that he “will produce any responsive, non-privileged

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documents in his possession, custody, or control, if any” in response to all of Facebook’s Document

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Requests. To date, Mr. Shadpour has not produced any documents.

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8.

Attached as Exhibit 5 is a true and correct copy of Mr. Shadpour’s Corrected

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Objections and Responses to Facebook’s First Set of Interrogatories, dated April 2, 2015. Plaintiffs

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designated the document as “Highly Confidential – Attorneys’ Eyes Only” pursuant to the Stipulated

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Protective Order, and so Facebook as filed this exhibit under seal.

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Gibson, Dunn &
Crutcher LLP

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Attached as Exhibit 6 is a true and correct copy of Plaintiffs’ Supplemental Initial
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DECLARATION OF CHRISTOPHER CHORBA IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S
OPPOSITION TO PLAINTIFFS’ MOTION TO WITHDRAW PLAINTIFF DAVID SHADPOUR
Case No. C 13-05996 PJH (MEJ)

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Disclosures, dated April 27, 2015.
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Since the filing of the initial Shadpour complaint, the attorneys Pomerantz, LLP have

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not been involved in any conferences of counsel, meetings, or hearings, nor have they authored any

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correspondence or otherwise been involved in the case.

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I declare under penalty of perjury under the laws of the United States of America and the

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State of California that the foregoing is true and correct, and that I executed this Declaration in Los

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Angeles, California, on July 27, 2015.

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/s/
Christopher Chorba

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Gibson, Dunn &
Crutcher LLP

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DECLARATION OF CHRISTOPHER CHORBA IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S
OPPOSITION TO PLAINTIFFS’ MOTION TO WITHDRAW PLAINTIFF DAVID SHADPOUR
Case No. C 13-05996 PJH (MEJ)