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)

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Michael W. Sobol (State Bar No. 194857)
[e-mail]
Melissa A. 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

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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

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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

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,

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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

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DECLARATION OF MELISSA GARDNER; CASE NO. C 13-5996 PJH

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I, Melissa Gardner, hereby declare:

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1.

I am a member in good standing of the California State Bar and an attorney in the

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law firm Lieff, Cabraser, Heimann & Bernstein, LLP, counsel for the plaintiffs in the above-

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captioned Action. I have personal knowledge of the facts set forth herein, and if called to testify

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thereto, I could and would do so competently. I submit this declaration in support of the motion

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to withdraw Plaintiff David Shadpour as a Named Plaintiff and putative Class representative and

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dismiss his claims without prejudice.

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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.

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3.

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correspondence.

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4.

For Mr. Campbell, this required divulging nearly 200 pages of personal

In response to Facebook’s Interrogatories, Plaintiffs Matthew Campbell and

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Michael Hurley provided not only the names of the friends and acquaintances with whom they

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had shared these private communications, but also links to those absent Class members’

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Facebook profiles.

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5.

In July 2015, Facebook noticed the depositions of two individuals who had sent or

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received messages from Mr. Campbell, and of two who had sent or received messages from Mr.

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Hurley.

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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.

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Melissa Gardner

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DECLARATION OF MELISSA GARDNER, CASE NO. C 13-5996 PJH