Campbell et al v. Facebook Inc.

Filing 109

MOTION for Extension of Time to File Plaintiffs' Motion for Extension of Class Certification and Summary Judgment Deadlines filed by Matthew Campbell, Michael Hurley. (Attachments: # 1 Proposed Order, # 2 Declaration of David Rudolph, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21)(Sobol, Michael) (Filed on 9/16/2015)

EXHIBIT 18

1
2
3
4
5
6
7
8
9
10
11

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

16

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

17

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 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,

Case No. C 13-5996 PJH
PLAINTIFFS’ SECOND SET OF
INTERROGATORIES TO DEFENDANT

23
Plaintiffs,
24
v.
25
FACEBOOK, INC.,
26
Defendant.
27
28
PLAINTIFFS’ SECOND SET OF INTERROGATORIES
TO DEFENDANT
CASE NO. C 13-5996 PJH

1

Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure, the Plaintiffs request

2

that Defendant Facebook respond to the following Interrogatory within thirty (30) days of service.

3
4

DEFINITIONS
(a)

“(id)” has the same meaning as described in the following paper: Bronson, et al, TAO:

5

Facebook’s Distributed Data Store for the Social Graph, USENIX ATC'13 Proceedings

6

of the 2013 USENIX conference on Annual Technical Conference, § 3.1 (June, 2013)

7

(available at https://research.facebook.com/publications/161988287341248/tao-facebook-

8

s-distributed-data-store-for-the-social-graph/).

9

(b)

10
11

“Action” means the case captioned Matthew Campbell and Michael Hurley v. Facebook,
Inc.; Case No. C 13-5996 PJH (N. Dist. Cal.).

(c)

“Association” has the same meaning as described in the following paper: Bronson, et al,

12

TAO: Facebook’s Distributed Data Store for the Social Graph, USENIX ATC'13

13

Proceedings of the 2013 USENIX conference on Annual Technical Conference, § 3.1

14

(June, 2013) (available at

15

https://research.facebook.com/publications/161988287341248/tao-facebook-s-distributed-

16

data-store-for-the-social-graph/).

17

(d)

“Association Type” or “(atype)” has the same meaning as described in the following

18

paper: Bronson, et al, TAO: Facebook’s Distributed Data Store for the Social Graph,

19

USENIX ATC'13 Proceedings of the 2013 USENIX conference on Annual Technical

20

Conference, § 3.1 (June, 2013) (available at

21

https://research.facebook.com/publications/161988287341248/tao-facebook-s-distributed-

22

data-store-for-the-social-graph/).

23

(e)

“Communication” means the conveyance (in the form of facts, ideas, thoughts, opinions,

24

data, inquiries or otherwise) of information and includes, without limitation,

25

correspondence, memoranda, reports, presentations, face-to-face conversations, telephone

26

conversations, text messages, instant messages, voice messages, negotiations, agreements,

27

inquiries, understandings, meetings, letters, notes, telegrams, mail, email, and postings of

28

any type.
-2-

PLAINTIFFS’ SECOND SET OF INTERROGATORIES
TO DEFENDANT
CASE NO. C 13-5996 PJH

1

(f)

“Destination Object” or “(id2)” has the same meaning as described in the following

2

paper: Bronson, et al, TAO: Facebook’s Distributed Data Store for the Social Graph,

3

USENIX ATC'13 Proceedings of the 2013 USENIX conference on Annual Technical

4

Conference, § 3.1 (June, 2013) (available at

5

https://research.facebook.com/publications/161988287341248/tao-facebook-s-distributed-

6

data-store-for-the-social-graph/).

7

(g)

“Document(s)” means all materials within the full scope of Fed. R. Civ. P. 34 including

8

but not limited to: all writings and recordings, including the originals, drafts and all non-

9

identical copies, whether different from the original by reason of any notation made on

10

such copies or otherwise (including but without limitation to, email and attachments,

11

correspondence, memoranda, notes, diaries, statistics, letters, telegrams, minutes,

12

contracts, reports, studies, checks, statements, tags, labels, invoices, brochures,

13

periodicals, receipts, returns, summaries, pamphlets, books, interoffice and intra-office

14

Communications, instant messages, chats, offers, notations of any sort of conversations,

15

working papers, applications, permits, file wrappers, indices, telephone calls, meetings or

16

printouts, teletypes, telefax, invoices, worksheets, and all drafts, alterations, modifications,

17

changes and amendments of any of the foregoing), graphic or aural representations of any

18

kind (including without limitation, photographs, charts, microfiche, microfilm, videotape,

19

recordings, motion pictures, plans, drawings, surveys), and electronic, mechanical,

20

magnetic, optical or electric records or representations of any kind (including without

21

limitation, computer files and programs, tapes, cassettes, discs, recordings), including

22

Metadata.

23

(h)

“Electronic Media” means any magnetic, optical, or other storage media device used to

24

record or access ESI including, without limitation, computer memory, hard disks, floppy

25

disks, flash memory devices, CDs, DVDs, Blu-ray disks, cloud storage (e.g., DropBox,

26

Box, OneDrive, and SharePoint), tablet computers (e.g., iPad, Kindle, Nook, and Samsung

27

Galaxy), cellular or smart phones (e.g., BlackBerry, iPhone, Samsung Galaxy), personal

28
-3-

PLAINTIFFS’ SECOND SET OF INTERROGATORIES
TO DEFENDANT
CASE NO. C 13-5996 PJH

1

digital assistants, magnetic tapes of all types or any other means for digital storage and/or

2

transmittal.

3

(i)

“ESI” or “Electronically Stored Information” refers to information and Documents (as

4

defined within this section) within the full scope of Fed. R. Civ. P. 34 – with all Metadata

5

intact – created, manipulated, communicated, stored, and best utilized in digital form, and

6

requiring the use of Electronic Media to access. Such information includes emails, email

7

attachments, message boards, forums, support tickets, support articles, security alerts,

8

pop-ups, videos, discussion boards, data, charts, BETA results, error messages, bug

9

reports, source code, investigative reports, monitoring reports, comments, press releases,

10

drafts, models, templates, websites, instant messages, chats, and intercompany and intra-

11

company Communications.

12

(j)

“Facebook User(s)” means Persons who have established a Facebook account.

13

(k)

“Identify,” with respect to Documents, means to give, to the extent known, the (a) type

14

of Document; (b) general subject matter; (c) date of the Document; (d) author(s), (e)

15

addressee(s), and (f) recipient(s).

16

(l)

“Identify,” with respect to Persons, means to give, to the extent known, the Person’s full

17

name, present or last known address, and when referring to a natural person, additionally,

18

the present or last known place of employment. Once a Person has been identified in

19

accordance with this subparagraph, only the name of that Person need be listed in

20

response to subsequent discovery requesting the identification of that Person.

21

(m)

“Including” means “including but not limited to” and “including without limitation.”

22

(n)

“Key -> Value Pair” has the same meaning as described in the following paper: Bronson,

23

et al, TAO: Facebook’s Distributed Data Store for the Social Graph, USENIX ATC'13

24

Proceedings of the 2013 USENIX conference on Annual Technical Conference, § 3.1

25

(June, 2013) (available at

26

https://research.facebook.com/publications/161988287341248/tao-facebook-s-distributed-

27

data-store-for-the-social-graph/).

28
-4-

PLAINTIFFS’ SECOND SET OF INTERROGATORIES
TO DEFENDANT
CASE NO. C 13-5996 PJH

1

(o)

2
3

“Metadata” refers to structured information about an electronic file that is embedded in
the file, describing the characteristics, origins, usage and validity the electronic file.

(p)

“Object” has the same meaning as described in the following paper: Bronson, et al, TAO:

4

Facebook’s Distributed Data Store for the Social Graph, USENIX ATC'13 Proceedings

5

of the 2013 USENIX conference on Annual Technical Conference, § 3.1 (June, 2013)

6

(available at https://research.facebook.com/publications/161988287341248/tao-facebook-

7

s-distributed-data-store-for-the-social-graph/).

8

(q)

“Object Type” or “(otype)” has the same meaning as described in the following paper:
Bronson, et al, TAO: Facebook’s Distributed Data Store for the Social Graph, USENIX

9
10

ATC'13 Proceedings of the 2013 USENIX conference on Annual Technical Conference, §

11

3.1 (June, 2013) (available at

12

https://research.facebook.com/publications/161988287341248/tao-facebook-s-distributed-

13

data-store-for-the-social-graph/).

14

(r)

15
16

“Person” means any natural person or any business, legal or governmental entity or
association.

(s)

“Plaintiff” and “Plaintiffs” refer to the named plaintiffs in this Action, and any reference

17

to “Plaintiff” or “Plaintiffs” shall be construed disjunctively or conjunctively as necessary

18

in order to bring within the scope of the request all responses which otherwise might be

19

construed to be outside its scope.

20

(t)

“Private Message(s)” means the portion of Facebook’s service designed to transmit

21

private messages between users – as opposed to posts – and which process is engaged by,

22

inter alia, the “Message” button on users’ profile pages or via the Messenger app.

23

(u)

goal or set of goals that facilitate Facebook’s operation.

24
25

“Process” refers to a series of discrete steps, ordered and undertaken to achieve a specific

(v)

“Relate(s),” “Related to” or “Relating to” shall be construed to mean referring to,

26

reflecting, concerning, pertaining to or in any manner being connected with the matter

27

discussed.

28
-5-

PLAINTIFFS’ SECOND SET OF INTERROGATORIES
TO DEFENDANT
CASE NO. C 13-5996 PJH

1

(w)

“Source Object” or “(id1)” has the same meaning as described in the following paper:

2

Bronson, et al, TAO: Facebook’s Distributed Data Store for the Social Graph, USENIX

3

ATC'13 Proceedings of the 2013 USENIX conference on Annual Technical Conference, §

4

3.1 (June, 2013) (available at

5

https://research.facebook.com/publications/161988287341248/tao-facebook-s-distributed-

6

data-store-for-the-social-graph/).

7

(x)

“Third Party” refers to any party other than You or Plaintiffs.

8

(y)

“You,” “Your,” and “Facebook” shall mean Facebook, Inc. and any of its directors,

9

officers, employees, partners, members, representatives, agents (including attorneys,

10

accountants, consultants, investment advisors or bankers), and any other person purporting

11

to act on its behalf. In the case of business entities, these defined terms include parents,

12

subsidiaries, affiliates, predecessor entities, successor entities, divisions, departments,

13

groups, acquired entities and/or related entities or any other entity acting or purporting to

14

act on its behalf.

15
16

RULES OF CONSTRUCTION
1.

The connectives “and” and “or” shall be construed either disjunctively or

17

conjunctively as necessary to bring within the scope of the discovery request all responses that

18

might otherwise be construed to be outside of its scope.

19

2.

“Any,” “all,” and “each” shall be construed as any, all and each.

20

3.

The singular form of a noun or pronoun includes the plural form and vice versa.

21

4.

The use of any tense of any verb shall also include within its meaning all other

22
23
24
25

tenses of that verb.
5.

A term or word defined herein is meant to include both the lower and upper case

reference to such term or word.
6.

Any headings which appear in the Interrogatories section have been inserted for

26

the purpose of convenience and ready reference. They do not purport to, and are not intended to,

27

define, limit, or extend the scope or intent of the Interrogatories to which they pertain.

28
-6-

PLAINTIFFS’ SECOND SET OF INTERROGATORIES
TO DEFENDANT
CASE NO. C 13-5996 PJH

1

INSTRUCTIONS
1.

2

You are requested to identify all Documents and ESI in Your possession, custody,

3

or control – as well as Documents and ESI that are in the possession of Your partners, officers,

4

employees, attorneys, accountants, representatives, or agents, or that are otherwise subject to

5

Your custody or control – that are described below.
2.

6

Unless otherwise indicated, the Documents and ESI to be identified include

7

anything prepared, sent, dated or received, or those that otherwise came into existence during the

8

Relevant Time Period.
3.

9

The identification by one person, party, or entity of a Document or ESI does not

10

relieve another person, party, or entity from the obligation to identify his, her, or its own copy of

11

that Document or ESI, even if the two are identical.
4.

12

In identifying Documents and ESI, You are requested to identify a copy of each

13

original Document or item of ESI together with a copy of all non-identical copies and drafts of

14

same.

15

5.

Documents and ESI shall be identified as they are kept in the usual course of

16

business. All Documents and ESI shall be identified with a copy of the file folder, envelope, or

17

other container in which they are kept or maintained.

18

6.

Documents and ESI not otherwise responsive to this discovery request shall

19

nonetheless be identified if such Documents and ESI mention, discuss, refer to, or explain the

20

Documents and ESI which are called for by this discovery request, or if such Documents and ESI

21

are attached to Documents and ESI called for by this discovery request and constitute routing

22

slips, transmittal memoranda, or letters, comments, evaluations or similar materials.

23

7.

Each Document and item of ESI requested herein is requested to be identified in

24

its entirety and without deletion or excisions, regardless of whether You consider the entire

25

Document or item of ESI to be relevant or responsive to this request.

26

8.

If any Document or ESI called for by these requests is not identified in full on the

27

ground that it is privileged or otherwise claimed to be protected against production, You are

28

requested to provide the following information with respect to each such Document or ESI:
-7-

PLAINTIFFS’ SECOND SET OF INTERROGATORIES
TO DEFENDANT
CASE NO. C 13-5996 PJH

1

(a)

its date;

2

(b)

its author(s), its signatory(s) and each and every other person who prepared

3

or participated in its preparation;

4

(c)

the type of Document or ESI it is (e.g., letter, chart, memorandum, etc.);

5

(d)

a description of its subject matter and length;

6

(e)

a list of those persons and entities to whom said Document(s) or ESI was

7

disseminated, together with their last known addresses and the date or approximate date on which

8

each such person or entity received it;

9

(f)

a list of all other persons to whom the contents of the Document or ESI

10

have been disclosed, the date such disclosure took place, the means of such disclosure, and the

11

present location of the Document or ESI and all copies thereof;

12
13

(g)

and all copies thereof; and

14
15
16

each and every person having custody or control of the Document or ESI

(h)

the nature of the privilege or other rule of law relied upon and any facts

supporting Your position in withholding identification of each such Document or ESI.
9.

If You assert an objection to any request, You must nonetheless respond and

17

identify any responsive Documents and ESI that are not subject to the stated objection. If You

18

object to part of a request or category, You must specify the portion of the request to which You

19

object, and must produce Documents and ESI responsive to the remaining parts of the request.

20

10.

Notwithstanding a claim that a Document or ESI is protected from disclosure, any

21

Document or ESI so withheld must be identified with the portion claimed to be protected

22

redacted.

23

11.

If any Document or ESI is known to have existed but no longer exists, has been

24

destroyed, or is otherwise available, You must identify the Document or ESI, the reason for its

25

loss, destruction or unavailability, the name of each person known or reasonably believed by You

26

to have present possession, custody, or control of the original and any copy thereof (if

27

applicable), and a description of the disposition of each copy of the Document or ESI.

28
-8-

PLAINTIFFS’ SECOND SET OF INTERROGATORIES
TO DEFENDANT
CASE NO. C 13-5996 PJH

1

12.

Every Interrogatory herein shall be deemed a continuing discovery request, and

2

You are to supplement information which adds to or is in any way inconsistent with Your initial

3

answers to these Interrogatories.

4

13.

Plaintiffs reserve the right to propound additional Interrogatories.

5

RELEVANT TIME PERIOD

6

The relevant time period for each Interrogatory is for September 26, 2006 through the

7

present (the “Relevant Time Period”), unless otherwise specifically indicated, and shall include

8

all Documents, ESI, and any other information that relate to such period, even though prepared or

9

published outside of the relevant time period. If a Document or item of ESI prepared before this

10

period is necessary for a correct or complete understanding of any Document or item of ESI

11

covered by a request, You must produce the earlier or subsequent Document or item of ESI as

12

well. If any Document or item of ESI is undated and the date of its preparation cannot be

13

determined, the Document or item of ESI shall be produced if otherwise responsive to the

14

production request.

15
16

INTERROGATORIES
INTERROGATORY NO. 8:

17
18

Identify all facts relating to the Processing of each Private Message sent or received by
Plaintiffs containing a URL1, including, for each Private Message:

19

(A)

all Objects that were created during the Processing of the Private Message,

20

including the (id) and the Object Type for each Object, as well as any Key ->

21

Value Pair(s) contained in each Object;

22

(B)

all Objects that were created specifically when the embedded URL was shared,

23

including the (id) and the Object Type for each Object, as well as any Key ->

24

Value Pair(s) contained in each Object;

25

(C)

26
27
28

all Associations related to each Private Message, identified by the Source Object,
Association Type, and Destination Object, as well as any Key -> Value Pair(s)

1

Each such Private Message has been identified by each Plaintiff in Exhibit 1 to his respective
Objections and Responses to Defendant’s First Set of Interrogatories.
-9-

PLAINTIFFS’ SECOND SET OF INTERROGATORIES
TO DEFENDANT
CASE NO. C 13-5996 PJH

1
2

contained in each Association;
(D)

3
4

stored;
(E)

5
6

the database names and table names in which each Association and Object is

each application or feature in Facebook that uses the Objects or Associations
created for each Private Message; and

(F)

how each Object associated with the Private Message was used by Facebook.

7
8
9

Dated: May 26, 2015

Respectfully submitted,
CARNEY BATES & PULLIAM, PLLC

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

By:

/s/ Hank Bates

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
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
Attorneys for Plaintiffs and the Proposed Class

28
- 10 -

PLAINTIFFS’ SECOND SET OF INTERROGATORIES
TO DEFENDANT
CASE NO. C 13-5996 PJH

1
2
3
4
5
6
7
8
9
10
11

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

16

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

17

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 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,

Case No. C 13-5996 PJH
PROOF OF SERVICE BY EMAIL AND
U.S. MAIL

23
Plaintiffs,
24
v.
25
FACEBOOK, INC.,
26
Defendant.
27
28
- 11 -

PROOF OF SERVICE BY EMAIL AND U.S. MAIL
CASE NO. C 13-5996 PJH

1

I am a citizen of the United States and employed in Pulaski County, Arkansas. I am over

2

the age of eighteen years and not a party to the within-entitled action. My business address is

3

2800 Cantrell Rd., Suite 510, Little Rock, Arkansas 72202.

4

I am readily familiar with Carney Bates & Pulliam, PLLC’s practice for collection and

5

processing of documents for service via email, and that practice is that the documents are attached

6

to an email and sent to the recipient’s email account.

7

I am also readily familiar with this firm’s practice for collection and processing of

8

correspondence for mailing with the United States Postal Service. Following ordinary business

9

practices, the envelope was sealed and placed for collection and mailing on this date, and would,

10

in the ordinary course of business, be deposited with the United States Postal Service on this date.

11

On May 26, 2015, I caused to be served copies of the following documents:

12

1.

PLAINTIFFS’ SECOND SET OF INTERROGATORIES TO
DEFENDANT; and this

2.

PROOF OF SERVICE BY EMAIL AND U.S. MAIL

13
14
15
16
17
18
19
20
21

on the following parties in this action through their respective counsel:
Christopher Chorba
Gibson, Dunn & Crutcher LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
Email: [e-mail]
Joshua Aaron Jessen
Gibson Dunn & Crutcher LLP
3161 Michelson Drive, Suite 1200
Irvine, CA 92612
Email: [e-mail]

22
Executed on May 26, 2015, at Little Rock, Arkansas.
23
24

/s/ David F. Slade
David F. Slade

25
26
27
28
- 12 -

PROOF OF SERVICE BY EMAIL AND U.S. MAIL
CASE NO. C 13-5996 PJH