Campbell et al v. Facebook Inc.

Filing 105

REPLY (re 96 MOTION to Dismiss Claims and Withdraw David Shadpour as Putative Class Representative ) filed byMatthew Campbell, Michael Hurley, David Shadpour. (Attachments: # 1 Declaration of Melissa Gardner)(Gardner, Melissa) (Filed on 8/3/2015)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 Michael W. Sobol (State Bar No. 194857) Melissa A. Gardner (State Bar No. 289096) LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 275 Battery Street, 29th Floor San Francisco, CA 94111-3339 Telephone: 415.956.1000 Facsimile: 415.956.1008 Rachel Geman Nicholas Diamand LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 250 Hudson Street, 8th Floor New York, NY 10013-1413 Telephone: 212.355.9500 Facsimile: 212.355.9592 16 Patrick V. Dahlstrom POMERANTZ, LLP 10 S. La Salle Street, Suite 3505 Chicago, Illinois 60603 Telephone: 312.377.1181 Facsimile: 312.377.1184 Hank Bates (State Bar No. 167688) Allen Carney David Slade CARNEY BATES & PULLIAM, PLLC 11311 Arcade Drive Little Rock, AR 72212 Telephone: 501.312.8500 Facsimile: 501.312.8505 17 Jeremy A. Lieberman Lesley F. Portnoy POMERANTZ, LLP 600 Third Avenue, 20th Floor New York, New York 10016 Telephone: 212.661.1100 Facsimile: 212.661.8665 Attorneys for Plaintiffs and the Proposed Class 12 13 14 15 18 UNITED STATES DISTRICT COURT 19 NORTHERN DISTRICT OF CALIFORNIA 20 21 22 MATTHEW CAMPBELL, MICHAEL HURLEY, and DAVID SHADPOUR, on behalf of themselves and all others similarly situated, 23 24 25 26 Plaintiffs, Case No. C 13-05996 PJH DECLARATION OF MELISSA GARDNER IN SUPPORT OF MOTION TO WITHDRAW PUTATIVE CLASS REPRESENTATIVE AND DISMISS CLAIMS WITHOUT PREJUDICE v. FACEBOOK, INC., Defendant. Date: Time: Crtrm: Judge: September 9, 2015 9:00 a.m. 3, Third Floor Honorable Phyllis J. Hamilton 27 28 DECLARATION OF MELISSA GARDNER; CASE NO. C 13-5996 PJH 1 I, Melissa Gardner, hereby declare: 2 1. I am a member in good standing of the California State Bar and an attorney in the 3 law firm Lieff, Cabraser, Heimann & Bernstein, LLP, counsel for the plaintiffs in the above- 4 captioned Action. I have personal knowledge of the facts set forth herein, and if called to testify 5 thereto, I could and would do so competently. I submit this declaration in support of the motion 6 to withdraw Plaintiff David Shadpour as a Named Plaintiff and putative Class representative and 7 dismiss his claims without prejudice. 8 9 10 2. Plaintiffs Matthew Campbell and Michael Hurley have responded to Facebook’s document requests by producing partially redacted copies of all of the non-privileged private messages containing URLs stored in their password-protected Facebook accounts. 11 3. 12 correspondence. 13 4. For Mr. Campbell, this required divulging nearly 200 pages of personal In response to Facebook’s Interrogatories, Plaintiffs Matthew Campbell and 14 Michael Hurley provided not only the names of the friends and acquaintances with whom they 15 had shared these private communications, but also links to those absent Class members’ 16 Facebook profiles. 17 5. In July 2015, Facebook noticed the depositions of two individuals who had sent or 18 received messages from Mr. Campbell, and of two who had sent or received messages from Mr. 19 Hurley. 20 21 22 23 24 6. Three of those depositions are scheduled to take place in the first two weeks of August. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 3rd day of August, 2015, at San Francisco, California. 25 26 Melissa Gardner 27 28 1 DECLARATION OF MELISSA GARDNER, CASE NO. C 13-5996 PJH

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?