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 20

Gardner, Melissa
From:
Sent:
To:
Cc:
Subject:

Jessen, Joshua A. <[e-mail]>
Wednesday, September 02, 2015 11:03 AM
Hank Bates
Chorba, Christopher; Rudolph, David T.; Sobol, Michael W.; Allen Carney; David Slade;
Gardner, Melissa; Diamand, Nicholas; Maute, Jeana Bisnar; Rogers, Ashley
RE: Campbell v. Facebook

Counsel –
In advance of the meet-and-confer conference you requested today, I wanted to pass along the following information
(which our discovery responses will be supplemented to reflect).
Facebook has conducted a reasonable search and diligent inquiry and has not located any documents responsive to the
following requests contained in Plaintiffs’ Third Set of Requests for Production:
Request No. 54
All Documents and ESI relating to Your efforts, or efforts by Third Parties on Your behalf—whether undertaken or
contemplated but not undertaken—to assign a monetary value to the data contained within, or data received or content
collected from, Private Messages, and/or any additional information derived therefrom.
Request No. 55
All Documents and ESI sufficient to identify the number of web pages with “Like” Social Plugins embedded, by month,
during the Relevant Time Period.
Request No. 57
All Documents and ESI sufficient to identify the number of Passive Likes generated, by month, during the Relevant Time
Period.
If you nonetheless wish to proceed with the meet-and-confer conference, please identify the requests you want to
discuss and let us know who will be attending so we can pass the name(s) along to building security.
Finally, in light of the supplemental response to Interrogatory No. 8 and document production we made yesterday, we
obviously won’t be exchanging letter briefs on those issues today.
Thanks,
Josh
Joshua A. Jessen
GIBSON DUNN
Gibson, Dunn & Crutcher LLP
3161 Michelson Drive, Irvine, CA 92612-4412
1881 Page Mill Road, Palo Alto, CA 94304-1211
Tel [phone] • Fax [phone]
Tel + 650.849.5375
[e-mail] • www.gibsondunn.com

1

-----Original Message----From: Jessen, Joshua A.
Sent: Monday, August 31, 2015 4:43 PM
To: 'Hank Bates'
Cc: Chorba, Christopher; Rudolph, David T.; Sobol, Michael W.; Allen Carney; David Slade; Gardner, Melissa; Diamand,
Nicholas; Maute, Jeana Bisnar
Subject: RE: Campbell v. Facebook
Thanks. See you at our SF office at 1 p.m. on Wednesday.
Joshua A. Jessen
GIBSON DUNN
Gibson, Dunn & Crutcher LLP
3161 Michelson Drive, Irvine, CA 92612-4412
1881 Page Mill Road, Palo Alto, CA 94304-1211
Tel [phone] • Fax [phone]
Tel + 650.849.5375
[e-mail] • www.gibsondunn.com

-----Original Message----From: Hank Bates [mailto:[e-mail]]
Sent: Monday, August 31, 2015 3:02 PM
To: Jessen, Joshua A.
Cc: Chorba, Christopher; Rudolph, David T.; Sobol, Michael W.; Allen Carney; David Slade; Gardner, Melissa; Diamand,
Nicholas; Maute, Jeana Bisnar
Subject: RE: Campbell v. Facebook
Let's do 1pmon Wednesday in San Francisco. The reproduction of the Blue Hog Report messages will be within the next
couple days.
Thanks.
Hank Bates
Carney Bates & Pulliam PLLC
2800 Cantrell, Suite 510
Little Rock, AR 72202
[phone]
[e-mail]
www.CBPLaw.com

-----Original Message----From: Jessen, Joshua A. [mailto:[e-mail]]
Sent: Monday, August 31, 2015 2:05 PM
To: Hank Bates <[e-mail]>
Cc: Chorba, Christopher <[e-mail]>; Rudolph, David T. <[e-mail]>; Sobol, Michael W.
<[e-mail]>; Allen Carney <[e-mail]>; David Slade <[e-mail]>; Gardner, Melissa
<[e-mail]>; Diamand, Nicholas <[e-mail]>; Maute, Jeana Bisnar
<[e-mail]>
Subject: RE: Campbell v. Facebook
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Hank -Tuesday won't work, but we are available between 1230 and 230 or after 4 on Wednesday in either our SF office or PA
office. Let us know what time/location works best.
Please also let me know when the Blue Hog Report messages we discussed on August 10 will be produced with the URL
previews (if any) unredacted.
Thanks,
Joshua A. Jessen
GIBSON DUNN
Gibson, Dunn & Crutcher LLP
3161 Michelson Drive, Irvine, CA 92612-4412
1881 Page Mill Road, Palo Alto, CA 94304-1211
Tel [phone] • Fax [phone]
Tel + 650.849.5375
[e-mail] • www.gibsondunn.com

-----Original Message----From: Hank Bates [mailto:[e-mail]]
Sent: Saturday, August 29, 2015 6:18 AM
To: Jessen, Joshua A.
Cc: Chorba, Christopher; Rudolph, David T.; Sobol, Michael W.; Allen Carney; David Slade; Gardner, Melissa; Diamand,
Nicholas; Maute, Jeana Bisnar
Subject: Re: Campbell v. Facebook
Given the time constraints and the time that already has passed since the production response was due, we need to
push things along and have the meet and confer in person. What is your availability on Tuesday for an in person meet
and confer?
Sent from my iPhone
On Aug 28, 2015, at 7:02 PM, Jessen, Joshua A. <[e-mail]<mailto:[e-mail]>> wrote:
Hank –
I expect to have a better idea by Tuesday regarding whether responsive documents exist for several of your requests.
I’d suggest we chat after that. And if an in-person meet and confer is still necessary at that time, we can arrange for it to
take place next week.
Best,
Josh
Joshua A. Jessen
GIBSON DUNN
Gibson, Dunn & Crutcher LLP
3161 Michelson Drive, Irvine, CA 92612-4412

1881 Page Mill Road, Palo Alto, CA 94304-1211
3

Tel [phone] • Fax [phone]
Tel + 650.849.5375
[e-mail]<mailto:[e-mail]> • www.gibsondunn.com<http://www.gibsondunn.com/>
From: Hank Bates [mailto:[e-mail]]
Sent: Friday, August 28, 2015 10:07 AM
To: Jessen, Joshua A.; Chorba, Christopher
Cc: Rudolph, David T.; Sobol, Michael W.; Allen Carney; David Slade; Gardner, Melissa; Diamand, Nicholas
Subject: Campbell v. Facebook
Josh and Chris,
What is your availability on Monday or Tuesday of next week for an in-person meet and confer regarding the Plaintiffs’
Third Set of Discovery? Absent prompt production of the responsive documents or resolution of our issues, we need to
seek the assistance of the court, given the time pressures of our schedule.
Hank Bates
Carney Bates & Pulliam PLLC
2800 Cantrell, Suite 510
Little Rock, AR 72202
[phone]
[e-mail]<mailto:[e-mail]>
www.CBPLaw.com<http://www.cbplaw.com/>

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contain information that is privileged, confidential and exempt from disclosure under applicable law If the reader of this
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