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)

Exhibit 2

Rogers, Ashley
From:
Sent:
To:
Cc:
Subject:
Attachments:

Rudolph, David T. <[e-mail]>
Thursday, April 30, 2015 3:16 PM
Chorba, Christopher; Jessen, Joshua A.
Sobol, Michael W.
Campbell v. Facebook
Stipulation to Dismiss Plaintiff Shadpour.DOCX

Chris and Josh,
As we discussed during a prior meet and confer, David Shadpour intends to withdraw as a plaintiff in this case. We’ve
drafted the attached stipulation regarding his withdrawal; please let us know if you have any comments or if we have
your permission to file it.
Thanks.
David T. Rudolph
Of Counsel
[e-mail]
t 415.956.1000
f 415.956.1008
Lieff Cabraser Heimann & Bernstein, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
www.lieffcabraser.com

This message is intended for the named recipients only. It may contain information protected by the attorneyclient or work-product privilege. If you have received this email in error, please notify the sender immediately
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Michael W. Sobol (State Bar No. 194857)
[e-mail]
Melissa Gardner (State Bar No. 289096)
[e-mail]
LIEFF CABRASER HEIMANN &
BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: [phone]
Facsimile: 415.956.1008
Rachel Geman
[e-mail]
Nicholas Diamand
[e-mail]
LIEFF CABRASER HEIMANN &
BERNSTEIN, LLP
250 Hudson Street, 8th Floor
New York, NY 10013-1413
Telephone: [phone]
Facsimile: 212.355.9592

Jeremy A. Lieberman
Lesley F. Portnoy
[e-mail]
POMERANTZ, LLP
600 Third Avenue, 20th Floor
New York, New York 10016
Telephone: [phone]
Facsimile: 212.661.8665
Patrick V. Dahlstrom
[e-mail]
POMERANTZ, LLP
10 S. La Salle Street, Suite 3505
Chicago, Illinois 60603
Telephone: [phone]
Facsimile: 312.377.1184

Hank Bates (State Bar No. 167688)
[e-mail]
Allen Carney
[e-mail]
David Slade
[e-mail]
CARNEY BATES & PULLIAM, PLLC
11311 Arcade Drive
Little Rock, AR 72212
Telephone: [phone]
Facsimile: 501.312.8505
Attorneys for Plaintiffs and the Proposed
Class

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MATTHEW CAMPBELL, MICHAEL
HURLEY, and DAVID SHADPOUR, on
behalf of themselves and all others
similarly situated,

Case No. C 13-05996 PJH (MEJ)
STIPULATION TO DISMISS NAMED
PLAINTIFF DAVID SHADPOUR

Plaintiffs,

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v.

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FACEBOOK, INC.,

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Defendant.
STIP. TO DISMISS PLAINTIFF SHADPOUR;
CASE NO. C 13-05996 PJH (MEJ)

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WHEREAS, on December 30, 2013, Matthew Campbell and Michael Hurley brought a

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putative class action alleging that Defendant, Facebook, Inc., had violated the Electronic

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Communications Privacy Act (“ECPA”), the California Invasion of Privacy Act (“CIPA”), and

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California Business & Professions Code §§ 17200 et seq. (the “UCL”) (Dkt. 1);

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WHEREAS, on January 21, 2014, David Shadpour initiated a separate putative class

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action, Shadpour v. Facebook, Inc., Case No. 5:14-cv-00307-PSG, which was predicated upon

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substantially similar facts and alleged claims under CIPA and the UCL;

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WHEREAS, on January 29, 2014, Facebook filed a Motion to Relate the Shadpour action
to the Campbell action (Dkt. 14), which the Court granted on February 3, 2014 (Dkt. 15);
WHEREAS, on March 21, 2014, Plaintiffs filed a Motion to Consolidate the Campbell
and Shadpour actions (Dkt. 18), which the Court granted on April 15, 2014 (Dkt. 24);
WHEREAS, on April 25, 2014, Plaintiffs filed the operative consolidated complaint
naming as Plaintiffs Matthew Campbell, Michael Hurley, and David Shadpour (Dkt. 25);
WHEREAS, David Shadpour no longer believes that he can timely meet the demands of

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pursuing this litigation and simultaneously meet the demands of work and family and therefore no

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longer wishes to litigate this case on behalf of himself or members of the putative class;

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WHEREAS, in light of the above, David Shadpour seeks to withdraw as a named plaintiff,

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to voluntarily dismiss his claims, without prejudice, pursuant to Fed. R. Civ. P. 21 and

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41(a)(1)(A)(ii);

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WHEREAS, named plaintiffs Matthew Campbell and Michael Hurley will continue to
represent the interests of the putative class;
NOW THEREFORE, the Parties, by and through their respective undersigned counsel,

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hereby stipulate that pursuant to Fed. R. Civ. P. 21 and 41(a)(1)(A)(ii), David Shadpour shall

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hereby withdraw as a named plaintiff and voluntarily dismisses his individual claims, without

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prejudice, subject to any rights he may have as a member of the putative class.

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STIP. TO DISMISS PLAINTIFF SHADPOUR;
CASE NO. C 13-05996 PJH (MEJ)

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Dated: May __, 2015

LIEFF CABRASER HEIMANN & BERNSTEIN
LLP
By: /s/ draft
Michael W. Sobol
Attorneys for Plaintiffs

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Dated: May __, 2015

GIBSON, DUNN & CRUTCHER, LLP
By: /s/ draft
Joshua A. Jessen
Attorneys for Defendant Facebook, Inc.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: May __, 2015
By:

The Honorable Phyllis J. Hamilton
United States District Judge

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STIP. TO DISMISS PLAINTIFF SHADPOUR;
CASE NO. C 13-05996 PJH (MEJ)

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ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Michael W. Sobol, am the ECF user whose identification and password are being used
to file this Stipulation. I hereby attest that Joshua A. Jessen has concurred in this filing.

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/s/ draft
Michael W. Sobol

DATED: May __, 2015

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STIP. TO DISMISS PLAINTIFF SHADPOUR;
CASE NO. C 13-05996 PJH (MEJ)