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 21

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GIBSON, DUNN & CRUTCHER LLP
JOSHUA A. JESSEN, SBN 222831
[e-mail]
JEANA BISNAR MAUTE, SBN 290573
[e-mail]
ASHLEY M. ROGERS, SBN 286252
[e-mail]
1881 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
GIBSON, DUNN & CRUTCHER LLP
GAIL E. LEES, SBN 90363
[e-mail]
CHRISTOPHER CHORBA, SBN 216692
[e-mail]
333 South Grand Avenue
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
FACEBOOK, INC.
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION
MATTHEW CAMPBELL, MICHAEL
HURLEY, and DAVID SHADPOUR,

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Case No. C 13-05996 PJH (MEJ)
PUTATIVE CLASS ACTION

Plaintiffs,

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DEFENDANT FACEBOOK, INC.’S FIRST
SET OF REQUESTS FOR ADMISSION TO
PLAINTIFF MATTHEW CAMPBELL

v.
FACEBOOK, INC.,

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Defendant.

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PROPOUNDING PARTY:

FACEBOOK, INC.

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RESPONDING PARTY:

MATTHEW CAMPBELL

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SET NO.

ONE (1)

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Gibson, Dunn &
Crutcher LLP

DEFENDANT FACEBOOK, INC.’S FIRST SET OF REQUESTS FOR ADMISSION
TO PLAINTIFF MATTHEW CAMPBELL - Case No. C 13-05996 PJH (MEJ)

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Pursuant to Federal Rules of Civil Procedure 26 and 36 (the “Federal Rules”) and the Local

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Rules of this Court (the “Local Rules”), Defendant Facebook, Inc. hereby requests that Plaintiff

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Matthew Campbell respond to the following Requests for Admission (the “Requests”) within thirty

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(30) days of service. The Requests are to be read in accordance with the definitions that follow, as

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well as the applicable Federal Rules and Local Rules.
DEFINITIONS

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For purposes of these Requests, the following definitions apply:

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1.

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The definitions and rules of construction set forth in Rule 36 of the Federal Rules are

incorporated herein.
2.

“ACTION” means and refers to the above-captioned lawsuit entitled Matthew

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Campbell et al. v. Facebook, Inc., Case No. C 13-05996 PJH (MEJ), now pending in the United

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States District Court for the Northern District of California, and assigned to the Honorable Phyllis J.

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Hamilton.

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3.

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“YOU,” “YOUR,” and/or “YOURSELF” refers to Matthew Campbell, a Plaintiff in

the ACTION, and anyone acting on YOUR behalf.
4.

“COMPLAINT” means and refers to YOUR “Consolidated Amended Class Action

Complaint,” filed on or about April 25, 2014, in the ACTION (Dkt. No. 25).
5.

“FACEBOOK” refers to Facebook, Inc., the Defendant in this ACTION, and anyone

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acting on FACEBOOK’s behalf, as well as www.facebook.com and any FACEBOOK mobile

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application.

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6.

“FACEBOOK MESSAGES PRODUCT” refers to the FACEBOOK product that

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YOU allege in the COMPLAINT that YOU used, which allows FACEBOOK users to share content

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by sending or receiving a message.

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7.

“URL” refers to a Uniform Resource Locator, which is a reference to a resource on the

Internet.
INSTRUCTIONS

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1.

Each request is required to be answered on the basis of YOUR entire knowledge.

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2.

The terms “and” and “or” are to be read in both the conjunctive and disjunctive and

Gibson, Dunn &
Crutcher LLP

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DEFENDANT FACEBOOK, INC.’S FIRST SET OF REQUESTS FOR ADMISSION
TO PLAINTIFF MATTHEW CAMPBELL - Case No. C 13-05996 PJH (MEJ)

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shall encompass all information that would be responsive under a conjunctive reading and all

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information that would be responsive under a disjunctive reading.

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3.

The singular form of any noun or pronoun includes, where appropriate, the plural

form, and vice versa, to encompass the broadest interpretation reasonable for each Request.

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4.

If YOUR response to any request for admission is anything but an unqualified

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admission, YOU shall identify such part of the request for admission and state your good faith

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basis for not admitting the request.

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These Requests are continuing in nature pursuant to Rule 26 of the Federal Rules of

Civil Procedure, and they require timely supplementation if YOU obtain further responsive

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information or determine that YOUR existing responses are inaccurate, inadequate, or

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incomplete.

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6.

If YOU withhold under a claim of privilege or other protection any information

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sought by these requests, furnish a list specifying the information for which the privilege or

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protection is claimed, together with the following data: (a) the source of the information and his

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or her job title; (b) the name and job title of each person to whom the information was furnished;

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(c) the date the information was furnished and/or originated; (d) the subject matter of the

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information; (e) the privilege claimed; (f) the asserted basis on which privilege is claimed; and

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(g) the request to which such information responds.

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7.

If YOU withhold for any other reason any information sought by these requests,

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furnish a list specifying the information withheld, together with the following data: (a) the

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source of the information and his or her job title; (b) the name and job title of each person to

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whom the information was furnished; (c) the date that the information was furnished and/or

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originated; (d) the subject matter of the information; (e) the asserted basis for withholding the

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information; and (f) the request to which such information responds.

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8.

If YOU refuse to produce information on the ground that compliance would be

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unduly burdensome, set forth with particularity the search that would need to be conducted,

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including the number of person hours and the costs that would be involved in conducting the

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search.

Gibson, Dunn &
Crutcher LLP

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DEFENDANT FACEBOOK, INC.’S FIRST SET OF REQUESTS FOR ADMISSION
TO PLAINTIFF MATTHEW CAMPBELL - Case No. C 13-05996 PJH (MEJ)

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9.

If an objection is made to any request herein, all information covered by the

request not subject to the objection should be produced.
REQUESTS FOR ADMISSION

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REQUEST NO. 1
Admit that, during the proposed class period, FACEBOOK did not use URLs contained in or

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attached to FACEBOOK messages to develop user profiles.

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REQUEST NO. 2

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Admit that, during the proposed class period, FACEBOOK did not use URLs contained in or
attached to FACEBOOK messages to support and deliver targeted advertising.
REQUEST NO. 3
Admit that, during the proposed class period, FACEBOOK did not use “Passive Likes” (as

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defined in YOUR First Set of Requests for Production of Documents and First Set of Interrogatories

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to FACEBOOK) to develop user profiles.

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REQUEST NO. 4

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Admit that, during the proposed class period, FACEBOOK did not use “Passive Likes” (as

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defined in YOUR First Set of Requests for Production of Documents and First Set of Interrogatories

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to FACEBOOK) to support and deliver targeted advertising.

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DATED: September 11, 2015

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GIBSON, DUNN & CRUTCHER LLP
/s/
Joshua A. Jessen

By:

Attorneys for Defendant FACEBOOK, INC.

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Gibson, Dunn &
Crutcher LLP

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DEFENDANT FACEBOOK, INC.’S FIRST SET OF REQUESTS FOR ADMISSION
TO PLAINTIFF MATTHEW CAMPBELL - Case No. C 13-05996 PJH (MEJ)

PROOF OF SERVICE

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I, Ashley M. Rogers, declare as follows:
I am employed in the County of Santa Clara, State of California, I am over the age of eighteen
years and am not a party to this action; my business address is 1881 Page Mill Road, Palo Alto, CA
94304-1211, in said County and State. On September 11, 2015, I served the following document(s):
DEFENDANT FACEBOOK, INC.’S FIRST SET OF REQUESTS FOR
ADMISSION TO PLAINTIFF MATTHEW CAMPBELL

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on the parties stated below, by the following means of service:
David F. Slade
[e-mail]
James Allen Carney
[e-mail]
Joseph Henry Bates, III
Carney Bates & Pulliam, PLLC
[e-mail]

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Melissa Ann Gardner
[e-mail]
Nicholas Diamand
[e-mail]
Rachel Geman
[e-mail]
Michael W. Sobol
Lieff Cabraser Heimann & Bernstein, LLP
[e-mail]

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

BY ELECTRONIC SERVICE: On the above-mentioned date, based on a court order or an
agreement of the parties to accept service by electronic transmission, I caused the documents to
be sent to the persons at the electronic notification addresses as shown above.

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

I am employed in the office of Joshua A. Jessen and am a member of the bar of this court.

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

I declare under penalty of perjury that the foregoing is true and correct.

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Executed on September 11, 2015.

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/s/
Ashley M. Rogers

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Gibson, Dunn &
Crutcher LLP

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DEFENDANT FACEBOOK, INC.’S FIRST SET OF REQUESTS FOR ADMISSION
TO PLAINTIFF MATTHEW CAMPBELL - Case No. C 13-05996 PJH (MEJ)

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GIBSON, DUNN & CRUTCHER LLP
JOSHUA A. JESSEN, SBN 222831
[e-mail]
JEANA BISNAR MAUTE, SBN 290573
[e-mail]
ASHLEY M. ROGERS, SBN 286252
[e-mail]
1881 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
GIBSON, DUNN & CRUTCHER LLP
GAIL E. LEES, SBN 90363
[e-mail]
CHRISTOPHER CHORBA, SBN 216692
[e-mail]
333 South Grand Avenue
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
FACEBOOK, INC.
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION
MATTHEW HURLEY, MICHAEL HURLEY,
and DAVID SHADPOUR,

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Plaintiffs,

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v.

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FACEBOOK, INC.,

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Case No. C 13-05996 PJH (MEJ)
PUTATIVE CLASS ACTION
DEFENDANT FACEBOOK, INC.’S
SECOND SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO
PLAINTIFF MICHAEL HURLEY

Defendant.

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PROPOUNDING PARTY:

FACEBOOK, INC.

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RESPONDING PARTY:

MICHAEL HURLEY

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SET NO.

TWO (2)

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Gibson, Dunn &
Crutcher LLP

DEFENDANT FACEBOOK, INC.’S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF MICHAEL HURLEY - Case No. C 13-05996 PJH (MEJ)

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Pursuant to Federal Rules of Civil Procedure 26 and 34 (the “Federal Rules”) and the Local

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Rules of this Court (the “Local Rules”), Defendant Facebook, Inc. hereby requests that Plaintiff

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Michael Hurley produce the following documents in his possession, custody or control in accordance

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with the definitions and instructions contained herein to the undersigned attorneys for inspection and

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copying at the offices of Gibson, Dunn & Crutcher LLP, 1881 Page Mill Road, Palo Alto, CA 94304,

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within thirty (30) days after service hereof. The following requests for documents (the “Requests”)

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are to be read in accordance with the definitions and respective instructions that follow, as well as the

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applicable Federal Rules and Local Rules.
DEFINITIONS

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For purposes of these Requests and the instructions thereto, the following definitions apply:

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1.

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The definitions and rules of construction set forth in Rule 34 of the Federal Rules are

incorporated herein.
2.

“ACTION” means and refers to the above-captioned lawsuit entitled Matthew

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Campbell et al. v. Facebook, Inc., Case No. C 13-05996 PJH, now pending in the United States

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District Court for the Northern District of California, and assigned to the Honorable Phyllis J.

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Hamilton.

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3.

“YOU,” “YOUR,” and/or “YOURSELF” refers to Michael Hurley, a Plaintiff in the

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ACTION, and anyone acting on YOUR behalf. Any DOCUMENTS referred to herein shall include

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those in YOUR possession, custody, or control.

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4.

“COMPLAINT” means and refers to YOUR “Consolidated Amended Class Action

Complaint,” filed on or about April 25, 2014, in the ACTION (Dkt. No. 25).
5.

“COMMUNICATION” and “COMMUNICATIONS” include, without limitation, any

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transmission or transfer of information of any kind, whether orally, electronically, in writing, or in

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any other manner, at any time or place, and under any circumstances whatsoever.

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6.

“DOCUMENT” and “DOCUMENTS” have the full meaning ascribed to those terms

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under Federal Rule 34 and include, without limitation, any and all drafts; COMMUNICATIONS;

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correspondence; memoranda; records; reports; books; records, reports and/or summaries of personal

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conversations or interviews; diaries; graphs; charts; diagrams; tables; photographs; recordings; tapes;

Gibson, Dunn &
Crutcher LLP

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DEFENDANT FACEBOOK, INC.’S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF MICHAEL HURLEY- Case No. C 13-05996 PJH (MEJ)

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microfilms; minutes; records, reports and/or summaries of meetings or conferences; records and

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reports of consultants; press releases; stenographic handwritten or any other notes; work papers;

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checks, front and back; check vouchers, check stubs or receipts; tape data sheets or data processing

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cards or discs or any other written, recorded, transcribed, punched, taped, filmed or graphic matter,

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however produced or reproduced; and any paper or writing of whatever description, including any

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computer database or information contained in any computer although not yet printed out.

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“DOCUMENT” and “DOCUMENTS” specifically include all e-mail accounts of YOU and YOUR

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representatives and/or agents. A draft or nonidentical copy is a separate document within the

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meaning of this term.

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7.

“FACEBOOK” refers to Facebook, Inc., the Defendant in this ACTION, and anyone

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acting on FACEBOOK’s behalf, as well as www.facebook.com and any FACEBOOK mobile

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application.

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“FACEBOOK MESSAGES PRODUCT” refers to the FACEBOOK product that

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YOU allege in the COMPLAINT that YOU used, which allows FACEBOOK users to share content

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by sending or receiving a message.

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9.

“PERSON” or “PERSONS” means an individual, or any public or private organization

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or entity, including an agency, commission, committee, partnership, joint venture, corporation,

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association, trust, estate, political subdivision, department, office, or board or any similar entity.

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10.

“PLAINTIFFS’ COUNSEL” refers to Lieff, Cabraser, Heimann & Bernstein, LLP;

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Carney, Bates, & Pulliam, PLLC; Pomerantz, LLP; Glancy Prongay & Murray LLP; Tostrud Law

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Group, P.C.; and all lawyers at these firms who have appeared in this action (including, but not

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limited to, Michael W. Sobol; Melissa Ann Gardner; Rachel Geman; Nicholas Diamond; David

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Taylor Rudolph; Joseph Henry Bates, III; James Allen Carney; David F. Slade; Jeremy A.

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Lieberman; Lesley F. Portnoy; Patrick V. Dahlstrom; Lionel Z. Glancy; and Jon A. Tostrud).
INSTRUCTIONS

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1.

These Requests should be construed as broadly as possible with all doubts resolved in

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favor of production. The words “all,” “any,” “each,” “and,” and “or” shall be construed

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conjunctively or disjunctively as necessary to make the Request inclusive rather than exclusive.

Gibson, Dunn &
Crutcher LLP

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DEFENDANT FACEBOOK, INC.’S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF MICHAEL HURLEY - Case No. C 13-05996 PJH (MEJ)

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Except as specifically provided in these Requests, words imparting the singular shall include the

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plural and vice versa, where appropriate. Except as specifically provided in these Requests, words

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imparting the present tense shall also include the past and future tenses and vice versa, where

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appropriate.

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2.

All requested DOCUMENTS must be produced in their entirety, without

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abbreviations, redaction, or expurgation and with all attachments and enclosures, regardless of

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whether YOU consider the attachments and enclosures to be relevant or responsive to each Request.

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3.

In responding to each Request, YOU are to produce each and every DOCUMENT in

YOUR possession, custody or control.
4.

For purposes of these Requests, a DOCUMENT is deemed to be in YOUR “control” if

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any of YOUR attorneys, agents, accountants, financial or tax advisors, or any other PERSON

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purporting to act on YOUR behalf has actual physical possession of the DOCUMENT or a copy

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thereof, or if YOU have the right to secure the DOCUMENT or copy thereof from another PERSON

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having actual physical possession of the DOCUMENT.

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5.

If YOUR response to a Request is that a DOCUMENT is not in YOUR possession,

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custody, or control, describe in detail the efforts made to locate it and identify who has the

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possession, custody or control of the DOCUMENT.

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6.

If any DOCUMENT requested herein was formerly in YOUR possession, custody, or

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control or of any agent, servant, employee, or other PERSON acting or purporting to act on YOUR

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behalf and said DOCUMENT has since been lost or destroyed, YOU are to submit a written

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statement that describes, in detail, the nature of the DOCUMENT and its contents; identifies the

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PERSON who prepared the document and, if applicable, the PERSON or PERSONS to whom the

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DOCUMENT was sent or disclosed; specifies the date on which the DOCUMENT was prepared,

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transmitted, or received; specifies, if known, the date on which the DOCUMENT was lost or

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destroyed and the conditions of and the reasons for such loss or destruction and the names of those

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PERSONS last in possession of or those PERSONS requesting and performing the destruction of

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such documents; and identifies all PERSONS with knowledge of any portions of the contents of the

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DOCUMENT.

Gibson, Dunn &
Crutcher LLP

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DEFENDANT FACEBOOK, INC.’S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF MICHAEL HURLEY - Case No. C 13-05996 PJH (MEJ)

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7.

Pursuant to Rule 34(b) of the Federal Rules, YOU shall produce responsive

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DOCUMENTS as they have been kept in the usual course of business or shall organize and label

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them to correspond to the Requests. In either case, DOCUMENTS contained in file folders, loose-

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leaf binders, and notebooks with tabs or labels identifying such documents are to be produced intact

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with such file folders, loose-leaf binders, or notebooks. All DOCUMENTS that are physically

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attached to each other shall be left so attached. DOCUMENTS that are segregated or separated from

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other documents shall be left so segregated or separated.

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8.

Each Request herein requires that YOU produce any and all DOCUMENTS from

personal computers, notebook or laptop computers, tablet devices, file servers, personal digital

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assistants (PDAs), cellular telephones, minicomputers, mainframe computers, Web servers, Internet

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servers, cloud storage, or other storage devices including web pages, hard disk drives, flash drives,

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floppy disks, databases, backup or archival tapes, containing the requested DOCUMENTS. All

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relevant DOCUMENTS that are accessible on the storage media and that are erased or deleted but

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recoverable through any means whatsoever should be produced.

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9.

Electronically stored DOCUMENTS, including e-mail, web pages and html files, shall

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be produced in the form or forms in which they are ordinarily maintained or in a form that is

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reasonably usable.

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10.

One copy of each DOCUMENT requested is to be produced. Any copy of a

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DOCUMENT that varies in any way from the original or from any other copy of the document,

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whether by reason of handwritten or other notation or otherwise, shall constitute a separate

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DOCUMENT and must be produced, whether or not the original is within YOUR possession,

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custody, or control.

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11.

If a requested DOCUMENT is withheld on the basis of any claim of privilege, YOU

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must set forth the information necessary for FACEBOOK to ascertain whether the privilege properly

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applies, including describing the DOCUMENT withheld, stating the privilege being relied upon, and

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identifying all PERSONS (by name, title, address, company (if applicable), and relationship to YOU)

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who have or have had access to such DOCUMENT (including all the identity(ies) of the author(s) or

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Gibson, Dunn &
Crutcher LLP

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DEFENDANT FACEBOOK, INC.’S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF MICHAEL HURLEY - Case No. C 13-05996 PJH (MEJ)

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maker(s), recipient(s), and carbon copy recipient(s)), the applicable date(s), and the subject matter(s)

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in a privilege log.

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12.

If any portion of any DOCUMENT responsive to these Requests is withheld under the

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claim of privilege, any non-privileged portion of such DOCUMENT must be produced with the

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portion claimed to be privileged redacted and logged in a privilege log pursuant to the preceding

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instructions.

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13.

All objections to any category of DOCUMENTS to be produced pursuant to this

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Request must be made in a written response served on counsel for FACEBOOK within the time

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period for responding to these Requests.

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14.

These Requests are to be regarded as continuing pursuant to Rule 26(e) of the Federal

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Rules. YOU are required to provide, by way of supplementary responses hereto, such additional

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information as may be obtained by YOU or any person acting on YOUR behalf that will augment or

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modify YOUR answers now given to the following Requests. Pursuant to Rule 26(e) of the Federal

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Rules, YOU are required to supplement these responses and provide additional DOCUMENTS

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without a specific request from FACEBOOK.

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15.

FACEBOOK serves these Requests without prejudice to its right to serve additional

requests for production of DOCUMENTS.
DOCUMENT REQUESTS

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REQUEST NO. 23
All DOCUMENTS evidencing, supporting, and/or otherwise relating to any research or

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investigation pertaining to YOUR claims in this ACTION, including the FACEBOOK MESSAGES

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PRODUCT at issue in this ACTION.

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REQUEST NO. 24

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All DOCUMENTS evidencing, supporting, and/or otherwise relating to how YOU propose to

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calculate the monetary damages that YOU seek in the ACTION.

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REQUEST NO. 25

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Gibson, Dunn &
Crutcher LLP

All DOCUMENTS evidencing, supporting, and/or otherwise relating to the declaratory and
injunctive relief YOU seek in the ACTION.
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DEFENDANT FACEBOOK, INC.’S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF MICHAEL HURLEY - Case No. C 13-05996 PJH (MEJ)

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REQUEST NO. 26

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All DOCUMENTS evidencing, supporting, and/or otherwise relating to all attorney

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advertisements and/or solicitations to FACEBOOK users and/or putative members of the class upon

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which YOU purport to bring the ACTION.

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REQUEST NO. 27

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A copy of any retention agreement between YOU and PLAINTIFFS’ COUNSEL in this

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ACTION, and all DOCUMENTS evidencing, supporting, and/or otherwise relating to any such

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retention agreement.

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REQUEST NO. 28

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All DOCUMENTS prepared by Dr. Jennifer Golbeck regarding the expert opinion that YOU

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expect to offer in this ACTION, including but not limited to articles, speeches, symposia, conference

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papers, abstracts, and other publications.

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REQUEST NO. 29

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All DOCUMENTS prepared by Fernando Torres regarding the expert opinion that YOU

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expect to offer in this ACTION, including but not limited to articles, speeches, symposia, conference

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papers, abstracts, and other publications.

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REQUEST NO. 30

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All DOCUMENTS referenced in, relied upon in, and/or that support YOUR responses to

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FACEBOOK’s Second Set of Interrogatories and/or First Set of Requests for Admission served

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concurrently with this Second Set of Requests for Production of Documents.

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DATED: September 11, 2015

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GIBSON, DUNN & CRUTCHER LLP
/s/
Joshua A. Jessen

By:

Attorneys for Defendant FACEBOOK, INC.

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Gibson, Dunn &
Crutcher LLP

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DEFENDANT FACEBOOK, INC.’S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF MICHAEL HURLEY - Case No. C 13-05996 PJH (MEJ)

PROOF OF SERVICE

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I, Ashley M. Rogers, declare as follows:
I am employed in the County of Santa Clara, State of California, I am over the age of eighteen
years and am not a party to this action; my business address is 1881 Page Mill Road, Palo Alto, CA
94304-1211, in said County and State. On September 11, 2015, I served the following document(s):
DEFENDANT FACEBOOK, INC.’S SECOND SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO PLAINTIFF MICHAEL HURLEY

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on the parties stated below, by the following means of service:
David F. Slade
[e-mail]
James Allen Carney
[e-mail]
Joseph Henry Bates, III
Carney Bates & Pulliam, PLLC
[e-mail]

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Melissa Ann Gardner
[e-mail]
Nicholas Diamand
[e-mail]
Rachel Geman
[e-mail]
Michael W. Sobol
Lieff Cabraser Heimann & Bernstein, LLP
[e-mail]

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

BY ELECTRONIC SERVICE: On the above-mentioned date, based on a court order or an
agreement of the parties to accept service by electronic transmission, I caused the documents to
be sent to the persons at the electronic notification addresses as shown above.



I am employed in the office of Joshua A. Jessen and am a member of the bar of this court.



I declare under penalty of perjury that the foregoing is true and correct.
Executed on September 11, 2015.
/s/
Ashley M. Rogers

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Gibson, Dunn &
Crutcher LLP

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DEFENDANT FACEBOOK, INC.’S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF MICHAEL HURLEY - Case No. C 13-05996 PJH (MEJ)

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GIBSON, DUNN & CRUTCHER LLP
JOSHUA A. JESSEN, SBN 222831
[e-mail]
JEANA BISNAR MAUTE, SBN 290573
[e-mail]
ASHLEY M. ROGERS, SBN 286252
[e-mail]
1881 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
GIBSON, DUNN & CRUTCHER LLP
GAIL E. LEES, SBN 90363
[e-mail]
CHRISTOPHER CHORBA, SBN 216692
[e-mail]
333 South Grand Avenue
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
FACEBOOK, INC.
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION
MATTHEW CAMPBELL, MICHAEL
HURLEY, and DAVID SHADPOUR,

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Plaintiffs,

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v.

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FACEBOOK, INC.,

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Case No. C 13-05996 PJH (MEJ)
PUTATIVE CLASS ACTION
DEFENDANT FACEBOOK, INC.’S
SECOND SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO
PLAINTIFF MATTHEW CAMPBELL

Defendant.

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PROPOUNDING PARTY:

FACEBOOK, INC.

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RESPONDING PARTY:

MATTHEW CAMPBELL

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SET NO.

TWO (2)

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Gibson, Dunn &
Crutcher LLP

DEFENDANT FACEBOOK, INC.’S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF MATTHEW CAMPBELL - Case No. C 13-05996 PJH (MEJ)

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Pursuant to Federal Rules of Civil Procedure 26 and 34 (the “Federal Rules”) and the Local

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Rules of this Court (the “Local Rules”), Defendant Facebook, Inc. hereby requests that Plaintiff

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Matthew Campbell produce the following documents in his possession, custody or control in

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accordance with the definitions and instructions contained herein to the undersigned attorneys for

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inspection and copying at the offices of Gibson, Dunn & Crutcher LLP, 1881 Page Mill Road, Palo

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Alto, CA 94304, within thirty (30) days after service hereof. The following requests for documents

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(the “Requests”) are to be read in accordance with the definitions and respective instructions that

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follow, as well as the applicable Federal Rules and Local Rules.
DEFINITIONS

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For purposes of these Requests and the instructions thereto, the following definitions apply:

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1.

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The definitions and rules of construction set forth in Rule 34 of the Federal Rules are

incorporated herein.
2.

“ACTION” means and refers to the above-captioned lawsuit entitled Matthew

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Campbell et al. v. Facebook, Inc., Case No. C 13-05996 PJH, now pending in the United States

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District Court for the Northern District of California, and assigned to the Honorable Phyllis J.

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Hamilton.

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3.

“YOU,” “YOUR,” and/or “YOURSELF” refers to Matthew Campbell, a Plaintiff in

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the ACTION, and anyone acting on YOUR behalf. Any DOCUMENTS referred to herein shall

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include those in YOUR possession, custody, or control.

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4.

“COMPLAINT” means and refers to YOUR “Consolidated Amended Class Action

Complaint,” filed on or about April 25, 2014, in the ACTION (Dkt. No. 25).
5.

“COMMUNICATION” and “COMMUNICATIONS” include, without limitation, any

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transmission or transfer of information of any kind, whether orally, electronically, in writing, or in

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any other manner, at any time or place, and under any circumstances whatsoever.

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6.

“DOCUMENT” and “DOCUMENTS” have the full meaning ascribed to those terms

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under Federal Rule 34 and include, without limitation, any and all drafts; COMMUNICATIONS;

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correspondence; memoranda; records; reports; books; records, reports and/or summaries of personal

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conversations or interviews; diaries; graphs; charts; diagrams; tables; photographs; recordings; tapes;

Gibson, Dunn &
Crutcher LLP

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DEFENDANT FACEBOOK, INC.’S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF MATTHEW CAMPBELL - Case No. C 13-05996 PJH (MEJ)

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microfilms; minutes; records, reports and/or summaries of meetings or conferences; records and

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reports of consultants; press releases; stenographic handwritten or any other notes; work papers;

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checks, front and back; check vouchers, check stubs or receipts; tape data sheets or data processing

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cards or discs or any other written, recorded, transcribed, punched, taped, filmed or graphic matter,

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however produced or reproduced; and any paper or writing of whatever description, including any

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computer database or information contained in any computer although not yet printed out.

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“DOCUMENT” and “DOCUMENTS” specifically include all e-mail accounts of YOU and YOUR

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representatives and/or agents. A draft or nonidentical copy is a separate document within the

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meaning of this term.

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7.

“FACEBOOK” refers to Facebook, Inc., the Defendant in this ACTION, and anyone

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acting on FACEBOOK’s behalf, as well as www.facebook.com and any FACEBOOK mobile

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application.

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8.

“FACEBOOK MESSAGES PRODUCT” refers to the FACEBOOK product that

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YOU allege in the COMPLAINT that YOU used, which allows FACEBOOK users to share content

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by sending or receiving a message.

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9.

“PERSON” or “PERSONS” means an individual, or any public or private organization

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or entity, including an agency, commission, committee, partnership, joint venture, corporation,

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association, trust, estate, political subdivision, department, office, or board or any similar entity.

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10.

“PLAINTIFFS’ COUNSEL” refers to Lieff, Cabraser, Heimann & Bernstein, LLP;

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Carney, Bates, & Pulliam, PLLC; Pomerantz, LLP; Glancy Prongay & Murray LLP; Tostrud Law

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Group, P.C.; and all lawyers at these firms who have appeared in this action (including, but not

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limited to, Michael W. Sobol; Melissa Ann Gardner; Rachel Geman; Nicholas Diamond; David

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Taylor Rudolph; Joseph Henry Bates, III; James Allen Carney; David F. Slade; Jeremy A.

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Lieberman; Lesley F. Portnoy; Patrick V. Dahlstrom; Lionel Z. Glancy; and Jon A. Tostrud).
INSTRUCTIONS

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1.

These Requests should be construed as broadly as possible with all doubts resolved in

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favor of production. The words “all,” “any,” “each,” “and,” and “or” shall be construed

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conjunctively or disjunctively as necessary to make the Request inclusive rather than exclusive.

Gibson, Dunn &
Crutcher LLP

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DEFENDANT FACEBOOK, INC.’S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF MATTHEW CAMPBELL - Case No. C 13-05996 PJH (MEJ)

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Except as specifically provided in these Requests, words imparting the singular shall include the

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plural and vice versa, where appropriate. Except as specifically provided in these Requests, words

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imparting the present tense shall also include the past and future tenses and vice versa, where

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appropriate.

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2.

All requested DOCUMENTS must be produced in their entirety, without

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abbreviations, redaction, or expurgation and with all attachments and enclosures, regardless of

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whether YOU consider the attachments and enclosures to be relevant or responsive to each Request.

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3.

In responding to each Request, YOU are to produce each and every DOCUMENT in

YOUR possession, custody or control.
4.

For purposes of these Requests, a DOCUMENT is deemed to be in YOUR “control” if

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any of YOUR attorneys, agents, accountants, financial or tax advisors, or any other PERSON

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purporting to act on YOUR behalf has actual physical possession of the DOCUMENT or a copy

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thereof, or if YOU have the right to secure the DOCUMENT or copy thereof from another PERSON

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having actual physical possession of the DOCUMENT.

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5.

If YOUR response to a Request is that a DOCUMENT is not in YOUR possession,

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custody, or control, describe in detail the efforts made to locate it and identify who has the

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possession, custody or control of the DOCUMENT.

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6.

If any DOCUMENT requested herein was formerly in YOUR possession, custody, or

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control or of any agent, servant, employee, or other PERSON acting or purporting to act on YOUR

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behalf and said DOCUMENT has since been lost or destroyed, YOU are to submit a written

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statement that describes, in detail, the nature of the DOCUMENT and its contents; identifies the

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PERSON who prepared the document and, if applicable, the PERSON or PERSONS to whom the

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DOCUMENT was sent or disclosed; specifies the date on which the DOCUMENT was prepared,

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transmitted, or received; specifies, if known, the date on which the DOCUMENT was lost or

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destroyed and the conditions of and the reasons for such loss or destruction and the names of those

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PERSONS last in possession of or those PERSONS requesting and performing the destruction of

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such documents; and identifies all PERSONS with knowledge of any portions of the contents of the

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DOCUMENT.

Gibson, Dunn &
Crutcher LLP

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DEFENDANT FACEBOOK, INC.’S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF MATTHEW CAMPBELL - Case No. C 13-05996 PJH (MEJ)

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7.

Pursuant to Rule 34(b) of the Federal Rules, YOU shall produce responsive

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DOCUMENTS as they have been kept in the usual course of business or shall organize and label

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them to correspond to the Requests. In either case, DOCUMENTS contained in file folders, loose-

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leaf binders, and notebooks with tabs or labels identifying such documents are to be produced intact

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with such file folders, loose-leaf binders, or notebooks. All DOCUMENTS that are physically

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attached to each other shall be left so attached. DOCUMENTS that are segregated or separated from

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other documents shall be left so segregated or separated.

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8.

Each Request herein requires that YOU produce any and all DOCUMENTS from

personal computers, notebook or laptop computers, tablet devices, file servers, personal digital

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assistants (PDAs), cellular telephones, minicomputers, mainframe computers, Web servers, Internet

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servers, cloud storage, or other storage devices including web pages, hard disk drives, flash drives,

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floppy disks, databases, backup or archival tapes, containing the requested DOCUMENTS. All

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relevant DOCUMENTS that are accessible on the storage media and that are erased or deleted but

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recoverable through any means whatsoever should be produced.

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9.

Electronically stored DOCUMENTS, including e-mail, web pages and html files, shall

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be produced in the form or forms in which they are ordinarily maintained or in a form that is

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reasonably usable.

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10.

One copy of each DOCUMENT requested is to be produced. Any copy of a

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DOCUMENT that varies in any way from the original or from any other copy of the document,

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whether by reason of handwritten or other notation or otherwise, shall constitute a separate

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DOCUMENT and must be produced, whether or not the original is within YOUR possession,

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custody, or control.

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11.

If a requested DOCUMENT is withheld on the basis of any claim of privilege, YOU

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must set forth the information necessary for FACEBOOK to ascertain whether the privilege properly

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applies, including describing the DOCUMENT withheld, stating the privilege being relied upon, and

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identifying all PERSONS (by name, title, address, company (if applicable), and relationship to YOU)

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who have or have had access to such DOCUMENT (including all the identity(ies) of the author(s) or

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Gibson, Dunn &
Crutcher LLP

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DEFENDANT FACEBOOK, INC.’S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF MATTHEW CAMPBELL - Case No. C 13-05996 PJH (MEJ)

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maker(s), recipient(s), and carbon copy recipient(s)), the applicable date(s), and the subject matter(s)

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in a privilege log.

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12.

If any portion of any DOCUMENT responsive to these Requests is withheld under the

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claim of privilege, any non-privileged portion of such DOCUMENT must be produced with the

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portion claimed to be privileged redacted and logged in a privilege log pursuant to the preceding

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instructions.

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13.

All objections to any category of DOCUMENTS to be produced pursuant to this

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Request must be made in a written response served on counsel for FACEBOOK within the time

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period for responding to these Requests.

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14.

These Requests are to be regarded as continuing pursuant to Rule 26(e) of the Federal

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Rules. YOU are required to provide, by way of supplementary responses hereto, such additional

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information as may be obtained by YOU or any person acting on YOUR behalf that will augment or

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modify YOUR answers now given to the following Requests. Pursuant to Rule 26(e) of the Federal

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Rules, YOU are required to supplement these responses and provide additional DOCUMENTS

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without a specific request from FACEBOOK.

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15.

FACEBOOK serves these Requests without prejudice to its right to serve additional

requests for production of DOCUMENTS.
DOCUMENT REQUESTS

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REQUEST NO. 23
All DOCUMENTS evidencing, supporting, and/or otherwise relating to any research or

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investigation pertaining to YOUR claims in this ACTION, including the FACEBOOK MESSAGES

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PRODUCT at issue in this ACTION.

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REQUEST NO. 24

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All DOCUMENTS evidencing, supporting, and/or otherwise relating to how YOU propose to

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calculate the monetary damages that YOU seek in the ACTION.

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REQUEST NO. 25

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Gibson, Dunn &
Crutcher LLP

All DOCUMENTS evidencing, supporting, and/or otherwise relating to the declaratory and
injunctive relief YOU seek in the ACTION.
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DEFENDANT FACEBOOK, INC.’S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF MATTHEW CAMPBELL - Case No. C 13-05996 PJH (MEJ)

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REQUEST NO. 26

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All DOCUMENTS evidencing, supporting, and/or otherwise relating to all attorney

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advertisements and/or solicitations to FACEBOOK users and/or putative members of the class upon

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which YOU purport to bring the ACTION.

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REQUEST NO. 27

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A copy of any retention agreement between YOU and PLAINTIFFS’ COUNSEL in this

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ACTION, and all DOCUMENTS evidencing, supporting, and/or otherwise relating to any such

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retention agreement.

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REQUEST NO. 28

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All DOCUMENTS prepared by Dr. Jennifer Golbeck regarding the expert opinion that YOU

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expect to offer in this ACTION, including but not limited to articles, speeches, symposia, conference

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papers, abstracts, and other publications.

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REQUEST NO. 29

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All DOCUMENTS prepared by Fernando Torres regarding the expert opinion that YOU

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expect to offer in this ACTION, including but not limited to articles, speeches, symposia, conference

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papers, abstracts, and other publications.

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REQUEST NO. 30

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All DOCUMENTS referenced in, relied upon in, and/or that support YOUR responses to

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FACEBOOK’s Second Set of Interrogatories and/or First Set of Requests for Admission served

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concurrently with this Second Set of Requests for Production of Documents.

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DATED: September 11, 2015

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GIBSON, DUNN & CRUTCHER LLP
/s/
Joshua A. Jessen

By:

Attorneys for Defendant FACEBOOK, INC.

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Gibson, Dunn &
Crutcher LLP

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DEFENDANT FACEBOOK, INC.’S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF MATTHEW CAMPBELL - Case No. C 13-05996 PJH (MEJ)

PROOF OF SERVICE

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I, Ashley M. Rogers, declare as follows:
I am employed in the County of Santa Clara, State of California, I am over the age of eighteen
years and am not a party to this action; my business address is 1881 Page Mill Road, Palo Alto, CA
94304-1211, in said County and State. On September 11, 2015, I served the following document(s):
DEFENDANT FACEBOOK, INC.’S SECOND SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO PLAINTIFF MATTHEW CAMPBELL

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on the parties stated below, by the following means of service:
David F. Slade
[e-mail]
James Allen Carney
[e-mail]
Joseph Henry Bates, III
Carney Bates & Pulliam, PLLC
[e-mail]

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Melissa Ann Gardner
[e-mail]
Nicholas Diamand
[e-mail]
Rachel Geman
[e-mail]
Michael W. Sobol
Lieff Cabraser Heimann & Bernstein, LLP
[e-mail]

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

BY ELECTRONIC SERVICE: On the above-mentioned date, based on a court order or an
agreement of the parties to accept service by electronic transmission, I caused the documents to
be sent to the persons at the electronic notification addresses as shown above.

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

I am employed in the office of Joshua A. Jessen and am a member of the bar of this court.

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

I declare under penalty of perjury that the foregoing is true and correct.

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18

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Executed on September 11, 2015.

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/s/
Ashley M. Rogers

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Gibson, Dunn &
Crutcher LLP

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DEFENDANT FACEBOOK, INC.’S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF MATTHEW CAMPBELL - Case No. C 13-05996 PJH (MEJ)

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GIBSON, DUNN & CRUTCHER LLP
JOSHUA A. JESSEN, SBN 222831
[e-mail]
JEANA BISNAR MAUTE, SBN 290573
[e-mail]
ASHLEY M. ROGERS, SBN 286252
[e-mail]
1881 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
GIBSON, DUNN & CRUTCHER LLP
GAIL E. LEES, SBN 90363
[e-mail]
CHRISTOPHER CHORBA, SBN 216692
[e-mail]
333 South Grand Avenue
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
FACEBOOK, INC.
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION
MATTHEW CAMPBELL, MICHAEL
HURLEY, and DAVID SHADPOUR,

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Plaintiffs,

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v.

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FACEBOOK, INC.,

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Case No. C 13-05996 PJH (MEJ)
PUTATIVE CLASS ACTION
DEFENDANT FACEBOOK, INC.’S
SECOND SET OF INTERROGATORIES
TO PLAINTIFF MICHAEL HURLEY

Defendant.

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PROPOUNDING PARTY:

FACEBOOK, INC.

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RESPONDING PARTY:

MICHAEL HURLEY

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SET NO.

TWO (2)

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Gibson, Dunn &
Crutcher LLP

DEFENDANT FACEBOOK, INC.’S SECOND SET OF INTERROGATORIES TO PLAINTIFF MICHAEL HURLEY
Case No. C 13-05996 PJH (MEJ)

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Pursuant to Federal Rules of Civil Procedure 26 and 33 (the “Federal Rules”), Defendant

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Facebook, Inc., by and through its undersigned counsel, hereby propounds the following second set

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of interrogatories (“Interrogatories”) on Plaintiff Michael Hurley to be answered separately and under

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oath, within thirty (30) days after service hereof. For purposes of these Interrogatories, the following

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definitions and instructions shall apply:
DEFINITIONS

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1.

“ACTION” means and refers to the above-captioned lawsuit entitled Matthew

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Campbell et al. v. Facebook, Inc., Case No. C 13-05996 PJH, now pending in the United States

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District Court for the Northern District of California, and assigned to the Honorable Phyllis J.

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Hamilton.

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2.

“YOU,” “YOUR,” and/or “YOURSELF” refers to Michael Hurley, a Plaintiff in the

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ACTION, and anyone acting on YOUR behalf. Any DOCUMENTS referred to herein shall include

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those in YOUR possession, custody, or control, as well as all DOCUMENTS in the possession,

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custody or control of YOUR past and present attorneys, agents, employees, accountants, spouses,

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financial or tax advisors, or any other persons and/or entities purporting to act on YOUR behalf.

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3.

“COMPLAINT” means and refers to YOUR “Consolidated Amended Class Action

Complaint,” filed on or about April 25, 2014, in the ACTION (Dkt. No. 25).
4.

“DOCUMENT” and “DOCUMENTS” have the full meaning ascribed to those terms

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under Federal Rule 34 and include, without limitation, any and all drafts; COMMUNICATIONS;

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correspondence; memoranda; records; reports; books; records, reports and/or summaries of personal

21

conversations or interviews; diaries; graphs; charts; diagrams; tables; photographs; recordings; tapes;

22

microfilms; minutes; records, reports and/or summaries of meetings or conferences; records and

23

reports of consultants; press releases; stenographic handwritten or any other notes; work papers;

24

checks, front and back; check vouchers, check stubs or receipts; tape data sheets or data processing

25

cards or discs or any other written, recorded, transcribed, punched, taped, filmed or graphic matter,

26

however produced or reproduced; and any paper or writing of whatever description, including any

27

computer database or information contained in any computer although not yet printed out.

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“DOCUMENT” and “DOCUMENTS” specifically include all e-mail accounts of YOU and YOUR

Gibson, Dunn &
Crutcher LLP

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DEFENDANT FACEBOOK, INC.’S SECOND SET OF INTERROGATORIES TO PLAINTIFF MICHAEL HURLEY
Case No. C 13-05996 PJH (MEJ)

1

representatives and/or agents. A draft or nonidentical copy is a separate document within the

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meaning of this term.

3

5.

“FACEBOOK” refers to Facebook, Inc., the Defendant in this ACTION, and anyone

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acting on FACEBOOK’s behalf, as well as www.facebook.com and any FACEBOOK mobile

5

application.

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6.

“PERSON” or “PERSONS” means an individual, or any public or private organization

7

or entity, including an agency, commission, committee, partnership, joint venture, corporation,

8

association, trust, estate, political subdivision, department, office, or board or any similar entity.

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10

7.

If YOU are asked to “IDENTIFY” information in response to an Interrogatory, YOUR

response should be complete and include:

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a.

in the case of an individual, the identification should include the full name

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(including any maiden name, prior name, “nickname,” or variation in spelling) and present or last

13

known home or business address;

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b.

in the case of an organization or entity, the identification should include the

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full name of the organization or entity and the present or last known address(es) of its place(s) of

16

business;

17

c.

in the case of DOCUMENTS, the identification should include a complete

18

description setting forth the title (if any), date, author, recipient, general subject matter, present

19

location(s), and present custodian(s);

20

d.

in the case of a transaction, occurrence, or instance of any behavior, the

21

identification should include the date, persons involved, place of occurrence, and a complete

22

description of all DOCUMENTS related thereto; and

23

e.

in the case of a fact (or all facts), the identification should include YOUR basis

24

for asserting that fact, all persons who have discoverable knowledge concerning that fact, and all

25

DOCUMENTS relating to that fact, regardless of whether they support or contradict the fact.
INSTRUCTIONS

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27
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Gibson, Dunn &
Crutcher LLP

1.

The numbered headings in the Interrogatories below are for convenience only and are

not intended or to be read as limiting the scope or meaning of any request for response thereunder.
2
DEFENDANT FACEBOOK, INC.’S SECOND SET OF INTERROGATORIES TO PLAINTIFF MICHAEL HURLEY
Case No. C 13-05996 PJH (MEJ)

1

2.

YOU are to answer each Interrogatory separately and as completely as possible.

2

3.

In answering these Interrogatories, furnish all information that is available to YOU,

3

including information in the possession of anyone acting on YOUR behalf, and not merely such

4

information known of YOUR own personal knowledge. If YOU cannot answer the Interrogatories in

5

full after exercising due diligence to secure the information to do so, YOU must answer to the extent

6

possible and explain why YOUR answer is not complete.

7

4.

These Interrogatories should be construed as broadly as possible with all doubts

8

resolved in favor of production. The words “all,” “any,” “each,” “and,” and “or” shall be construed

9

conjunctively or disjunctively as necessary to make the Interrogatories inclusive rather than

10

exclusive. Except as specifically provided in these Interrogatories, words imparting the singular shall

11

include the plural and vice versa, where appropriate. Except as specifically provided in these

12

Interrogatories, words imparting the present tense shall also include the past and future tenses and

13

vice versa, where appropriate.

14

5.

If any response requested by any Interrogatory is withheld under a claim of privilege,

15

YOU must set forth the information necessary for FACEBOOK to ascertain whether the privilege

16

properly applies, including, but not limited to, describing the matter withheld, stating the privilege

17

being relied upon, and identifying all PERSONS (by name, title, address, company (if applicable),

18

and relationship to YOU) who have or have had access to said matter (including but not limited to all

19

the identity(ies) of the author(s) or maker(s), recipient(s), and carbon copy recipient(s)), the

20

applicable date(s), and the subject matter(s) in a privilege log.

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6.

If any portion of any response to these Interrogatories is withheld under a claim of

privilege, any non-privileged portion of such response must be produced.
7.

If the answer to any Interrogatory is that YOU lack knowledge of some or all of the

24

requested information, describe all efforts made by YOU to obtain the information necessary to

25

answer the Interrogatory.

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27

8.

The fact that YOUR investigation is continuing or that discovery is not complete does

not excuse YOU from answering each Interrogatory based on the knowledge YOU currently have.

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Gibson, Dunn &
Crutcher LLP

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DEFENDANT FACEBOOK, INC.’S SECOND SET OF INTERROGATORIES TO PLAINTIFF MICHAEL HURLEY
Case No. C 13-05996 PJH (MEJ)

1

However, if YOUR investigation is continuing or discovery is not complete with respect to the matter

2

inquired into, please state as much in YOUR answer.

3

9.

Whenever an Interrogatory may be answered by referring to a DOCUMENT, the

4

DOCUMENT should be attached as an exhibit to the response and referred to in YOUR response. If

5

the DOCUMENT has more than one page, please refer to the page and section where the answer to

6

the Interrogatory can be found.

7
8
9
10
11

10.

YOUR response to each Interrogatory shall identify each individual who supplied

information for, or participated or assisted in, the preparation of YOUR response.
11.

If YOU object to a portion of any Interrogatory, then YOU should answer any portion

of the Interrogatory to which YOU have no objection.
12.

If YOU conclude that any Interrogatory, Definition, or Instruction is ambiguous, then

12

state in YOUR answer the matter deemed ambiguous and the construction YOU employed in

13

answering the Interrogatory.

14

13.

Interrogatories calling for numerical or chronological information shall be deemed, to

15

the extent that precise figures or dates are not known, to call for estimates. In each instance that an

16

estimate is given, it should be identified as such together with the source of information underlying

17

the estimate.

18

14.

These Interrogatories are to be regarded as continuing pursuant to Rule 26(e) of the

19

Federal Rules. YOU are required to provide, by way of supplementary responses hereto, such

20

additional information as may be obtained by YOU or any PERSON acting on YOUR behalf that will

21

augment or modify YOUR answers now given to the following Interrogatories. Pursuant to Rule

22

26(e) of the Federal Rules, YOU are required to supplement these responses without a specific

23

request from FACEBOOK.
INTERROGATORIES

24
25
26
27

INTERROGATORY NO. 13
If YOUR response to any Request for Admission is anything other than an unqualified
admission, IDENTIFY all material facts supporting YOUR response.

28
Gibson, Dunn &
Crutcher LLP

4
DEFENDANT FACEBOOK, INC.’S SECOND SET OF INTERROGATORIES TO PLAINTIFF MICHAEL HURLEY
Case No. C 13-05996 PJH (MEJ)

1
2

INTERROGATORY NO. 14
IDENTIFY the declaratory and injunctive relief that YOU and the putative class seek in this

3

ACTION.

4

DATED: September 11, 2015

5
6
7

GIBSON, DUNN & CRUTCHER LLP
/s/
Joshua A. Jessen

By:

Attorneys for Defendant FACEBOOK, INC.

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Gibson, Dunn &
Crutcher LLP

5
DEFENDANT FACEBOOK, INC.’S SECOND SET OF INTERROGATORIES TO PLAINTIFF MICHAEL HURLEY
Case No. C 13-05996 PJH (MEJ)

PROOF OF SERVICE

1
2
3
4

I, Ashley M. Rogers, declare as follows:
I am employed in the County of Santa Clara, State of California, I am over the age of eighteen
years and am not a party to this action; my business address is 1881 Page Mill Road, Palo Alto, CA
94304-1211, in said County and State. On September 11, 2015, I served the following document(s):
DEFENDANT FACEBOOK, INC.’S SECOND SET OF INTERROGATORIES
TO PLAINTIFF MICHAEL HURLEY

5
6
7

on the parties stated below, by the following means of service:
David F. Slade
[e-mail]
James Allen Carney
[e-mail]
Joseph Henry Bates, III
Carney Bates & Pulliam, PLLC
[e-mail]

8
9
10
11

Melissa Ann Gardner
[e-mail]
Nicholas Diamand
[e-mail]
Rachel Geman
[e-mail]
Michael W. Sobol
Lieff Cabraser Heimann & Bernstein, LLP
[e-mail]

12
13
14
15
16


BY ELECTRONIC SERVICE: On the above-mentioned date, based on a court order or an
agreement of the parties to accept service by electronic transmission, I caused the documents to
be sent to the persons at the electronic notification addresses as shown above.

19



I am employed in the office of Joshua A. Jessen and am a member of the bar of this court.

20



I declare under penalty of perjury that the foregoing is true and correct.

17
18

21

Executed on September 11, 2015.

22

/s/
Ashley M. Rogers

23
24
25
26
27
28
Gibson, Dunn &
Crutcher LLP

6
DEFENDANT FACEBOOK, INC.’S SECOND SET OF INTERROGATORIES TO PLAINTIFF MICHAEL HURLEY
Case No. C 13-05996 PJH (MEJ)

1
2
3
4
5
6
7
8
9
10
11
12
13

GIBSON, DUNN & CRUTCHER LLP
JOSHUA A. JESSEN, SBN 222831
[e-mail]
JEANA BISNAR MAUTE, SBN 290573
[e-mail]
ASHLEY M. ROGERS, SBN 286252
[e-mail]
1881 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
GIBSON, DUNN & CRUTCHER LLP
GAIL E. LEES, SBN 90363
[e-mail]
CHRISTOPHER CHORBA, SBN 216692
[e-mail]
333 South Grand Avenue
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
FACEBOOK, INC.
UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA

15
16
17

OAKLAND DIVISION
MATTHEW CAMPBELL, MICHAEL
HURLEY, and DAVID SHADPOUR,

18

Plaintiffs,

19

v.

20

FACEBOOK, INC.,

21

Case No. C 13-05996 PJH (MEJ)
PUTATIVE CLASS ACTION
DEFENDANT FACEBOOK, INC.’S
SECOND SET OF INTERROGATORIES
TO PLAINTIFF MATTHEW CAMPBELL

Defendant.

22
23

PROPOUNDING PARTY:

FACEBOOK, INC.

24

RESPONDING PARTY:

MATTHEW CAMPBELL

25

SET NO.

TWO (2)

26
27
28
Gibson, Dunn &
Crutcher LLP

DEFENDANT FACEBOOK, INC.’S SECOND SET OF INTERROGATORIES TO PLAINTIFF MATTHEW CAMPBELL
Case No. C 13-05996 PJH (MEJ)

1

Pursuant to Federal Rules of Civil Procedure 26 and 33 (the “Federal Rules”), Defendant

2

Facebook, Inc., by and through its undersigned counsel, hereby propounds the following second set

3

of interrogatories (“Interrogatories”) on Plaintiff Matthew Campbell to be answered separately and

4

under oath, within thirty (30) days after service hereof. For purposes of these Interrogatories, the

5

following definitions and instructions shall apply:
DEFINITIONS

6
7

1.

“ACTION” means and refers to the above-captioned lawsuit entitled Matthew

8

Campbell et al. v. Facebook, Inc., Case No. C 13-05996 PJH, now pending in the United States

9

District Court for the Northern District of California, and assigned to the Honorable Phyllis J.

10

Hamilton.

11

2.

“YOU,” “YOUR,” and/or “YOURSELF” refers to Matthew Campbell, a Plaintiff in

12

the ACTION, and anyone acting on YOUR behalf. Any DOCUMENTS referred to herein shall

13

include those in YOUR possession, custody, or control, as well as all DOCUMENTS in the

14

possession, custody or control of YOUR past and present attorneys, agents, employees, accountants,

15

spouses, financial or tax advisors, or any other persons and/or entities purporting to act on YOUR

16

behalf.

17
18
19

3.

“COMPLAINT” means and refers to YOUR “Consolidated Amended Class Action

Complaint,” filed on or about April 25, 2014, in the ACTION (Dkt. No. 25).
4.

“DOCUMENT” and “DOCUMENTS” have the full meaning ascribed to those terms

20

under Federal Rule 34 and include, without limitation, any and all drafts; COMMUNICATIONS;

21

correspondence; memoranda; records; reports; books; records, reports and/or summaries of personal

22

conversations or interviews; diaries; graphs; charts; diagrams; tables; photographs; recordings; tapes;

23

microfilms; minutes; records, reports and/or summaries of meetings or conferences; records and

24

reports of consultants; press releases; stenographic handwritten or any other notes; work papers;

25

checks, front and back; check vouchers, check stubs or receipts; tape data sheets or data processing

26

cards or discs or any other written, recorded, transcribed, punched, taped, filmed or graphic matter,

27

however produced or reproduced; and any paper or writing of whatever description, including any

28

computer database or information contained in any computer although not yet printed out.

Gibson, Dunn &
Crutcher LLP

1
DEFENDANT FACEBOOK, INC.’S SECOND SET OF INTERROGATORIES TO PLAINTIFF MATTHEW CAMPBELL
Case No. C 13-05996 PJH (MEJ)

1

“DOCUMENT” and “DOCUMENTS” specifically include all e-mail accounts of YOU and YOUR

2

representatives and/or agents. A draft or nonidentical copy is a separate document within the

3

meaning of this term.

4

5.

“FACEBOOK” refers to Facebook, Inc., the Defendant in this ACTION, and anyone

5

acting on FACEBOOK’s behalf, as well as www.facebook.com and any FACEBOOK mobile

6

application.

7

6.

“PERSON” or “PERSONS” means an individual, or any public or private organization

8

or entity, including an agency, commission, committee, partnership, joint venture, corporation,

9

association, trust, estate, political subdivision, department, office, or board or any similar entity.

10
11

7.

If YOU are asked to “IDENTIFY” information in response to an Interrogatory, YOUR

response should be complete and include:

12

a.

in the case of an individual, the identification should include the full name

13

(including any maiden name, prior name, “nickname,” or variation in spelling) and present or last

14

known home or business address;

15

b.

in the case of an organization or entity, the identification should include the

16

full name of the organization or entity and the present or last known address(es) of its place(s) of

17

business;

18

c.

in the case of DOCUMENTS, the identification should include a complete

19

description setting forth the title (if any), date, author, recipient, general subject matter, present

20

location(s), and present custodian(s);

21

d.

in the case of a transaction, occurrence, or instance of any behavior, the

22

identification should include the date, persons involved, place of occurrence, and a complete

23

description of all DOCUMENTS related thereto; and

24

e.

in the case of a fact (or all facts), the identification should include YOUR basis

25

for asserting that fact, all persons who have discoverable knowledge concerning that fact, and all

26

DOCUMENTS relating to that fact, regardless of whether they support or contradict the fact.

27
28
Gibson, Dunn &
Crutcher LLP

2
DEFENDANT FACEBOOK, INC.’S SECOND SET OF INTERROGATORIES TO PLAINTIFF MATTHEW CAMPBELL
Case No. C 13-05996 PJH (MEJ)

INSTRUCTIONS

1
2
3

1.

The numbered headings in the Interrogatories below are for convenience only and are

not intended or to be read as limiting the scope or meaning of any request for response thereunder.

4

2.

YOU are to answer each Interrogatory separately and as completely as possible.

5

3.

In answering these Interrogatories, furnish all information that is available to YOU,

6

including information in the possession of anyone acting on YOUR behalf, and not merely such

7

information known of YOUR own personal knowledge. If YOU cannot answer the Interrogatories in

8

full after exercising due diligence to secure the information to do so, YOU must answer to the extent

9

possible and explain why YOUR answer is not complete.

10

4.

These Interrogatories should be construed as broadly as possible with all doubts

11

resolved in favor of production. The words “all,” “any,” “each,” “and,” and “or” shall be construed

12

conjunctively or disjunctively as necessary to make the Interrogatories inclusive rather than

13

exclusive. Except as specifically provided in these Interrogatories, words imparting the singular shall

14

include the plural and vice versa, where appropriate. Except as specifically provided in these

15

Interrogatories, words imparting the present tense shall also include the past and future tenses and

16

vice versa, where appropriate.

17

5.

If any response requested by any Interrogatory is withheld under a claim of privilege,

18

YOU must set forth the information necessary for FACEBOOK to ascertain whether the privilege

19

properly applies, including, but not limited to, describing the matter withheld, stating the privilege

20

being relied upon, and identifying all PERSONS (by name, title, address, company (if applicable),

21

and relationship to YOU) who have or have had access to said matter (including but not limited to all

22

the identity(ies) of the author(s) or maker(s), recipient(s), and carbon copy recipient(s)), the

23

applicable date(s), and the subject matter(s) in a privilege log.

24
25
26

6.

If any portion of any response to these Interrogatories is withheld under a claim of

privilege, any non-privileged portion of such response must be produced.
7.

If the answer to any Interrogatory is that YOU lack knowledge of some or all of the

27

requested information, describe all efforts made by YOU to obtain the information necessary to

28

answer the Interrogatory.

Gibson, Dunn &
Crutcher LLP

3
DEFENDANT FACEBOOK, INC.’S SECOND SET OF INTERROGATORIES TO PLAINTIFF MATTHEW CAMPBELL
Case No. C 13-05996 PJH (MEJ)

1

8.

The fact that YOUR investigation is continuing or that discovery is not complete does

2

not excuse YOU from answering each Interrogatory based on the knowledge YOU currently have.

3

However, if YOUR investigation is continuing or discovery is not complete with respect to the matter

4

inquired into, please state as much in YOUR answer.

5

9.

Whenever an Interrogatory may be answered by referring to a DOCUMENT, the

6

DOCUMENT should be attached as an exhibit to the response and referred to in YOUR response. If

7

the DOCUMENT has more than one page, please refer to the page and section where the answer to

8

the Interrogatory can be found.

9
10
11
12
13

10.

YOUR response to each Interrogatory shall identify each individual who supplied

information for, or participated or assisted in, the preparation of YOUR response.
11.

If YOU object to a portion of any Interrogatory, then YOU should answer any portion

of the Interrogatory to which YOU have no objection.
12.

If YOU conclude that any Interrogatory, Definition, or Instruction is ambiguous, then

14

state in YOUR answer the matter deemed ambiguous and the construction YOU employed in

15

answering the Interrogatory.

16

13.

Interrogatories calling for numerical or chronological information shall be deemed, to

17

the extent that precise figures or dates are not known, to call for estimates. In each instance that an

18

estimate is given, it should be identified as such together with the source of information underlying

19

the estimate.

20

14.

These Interrogatories are to be regarded as continuing pursuant to Rule 26(e) of the

21

Federal Rules. YOU are required to provide, by way of supplementary responses hereto, such

22

additional information as may be obtained by YOU or any PERSON acting on YOUR behalf that will

23

augment or modify YOUR answers now given to the following Interrogatories. Pursuant to Rule

24

26(e) of the Federal Rules, YOU are required to supplement these responses without a specific

25

request from FACEBOOK.
INTERROGATORIES

26
27
28
Gibson, Dunn &
Crutcher LLP

INTERROGATORY NO. 14
If YOUR response to any Request for Admission is anything other than an unqualified
4
DEFENDANT FACEBOOK, INC.’S SECOND SET OF INTERROGATORIES TO PLAINTIFF MATTHEW CAMPBELL
Case No. C 13-05996 PJH (MEJ)

1

admission, IDENTIFY all material facts supporting YOUR response.

2

INTERROGATORY NO. 15

3

IDENTIFY the declaratory and injunctive relief that YOU and the putative class seek in this

4

ACTION.

5

DATED: September 11, 2015

6
7
8

GIBSON, DUNN & CRUTCHER LLP
/s/
Joshua A. Jessen

By:

Attorneys for Defendant FACEBOOK, INC.

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Gibson, Dunn &
Crutcher LLP

5
DEFENDANT FACEBOOK, INC.’S SECOND SET OF INTERROGATORIES TO PLAINTIFF MATTHEW CAMPBELL
Case No. C 13-05996 PJH (MEJ)

PROOF OF SERVICE

1
2
3
4

I, Ashley M. Rogers, declare as follows:
I am employed in the County of Santa Clara, State of California, I am over the age of eighteen
years and am not a party to this action; my business address is 1881 Page Mill Road, Palo Alto, CA
94304-1211, in said County and State. On September 11, 2015, I served the following document(s):
DEFENDANT FACEBOOK, INC.’S SECOND SET OF INTERROGATORIES
TO PLAINTIFF MATTHEW CAMPBELL

5
6
7

on the parties stated below, by the following means of service:
David F. Slade
[e-mail]
James Allen Carney
[e-mail]
Joseph Henry Bates, III
Carney Bates & Pulliam, PLLC
[e-mail]

8
9
10
11
12

Melissa Ann Gardner
[e-mail]
Nicholas Diamand
[e-mail]
Rachel Geman
[e-mail]
Michael W. Sobol
Lieff Cabraser Heimann & Bernstein, LLP
[e-mail]

13
14
15
16
17
18
19
20
21
22



BY ELECTRONIC SERVICE: On the above-mentioned date, based on a court order or an
agreement of the parties to accept service by electronic transmission, I caused the documents to
be sent to the persons at the electronic notification addresses as shown above.



I am employed in the office of Joshua A. Jessen and am a member of the bar of this court.



I declare under penalty of perjury that the foregoing is true and correct.
Executed on September 11, 2015.
/s/
Ashley M. Rogers

23
24
25
26
27
28
Gibson, Dunn &
Crutcher LLP

6
DEFENDANT FACEBOOK, INC.’S SECOND SET OF INTERROGATORIES TO PLAINTIFF MATTHEW CAMPBELL
Case No. C 13-05996 PJH (MEJ)

1
2
3
4
5
6
7
8
9
10
11
12
13

GIBSON, DUNN & CRUTCHER LLP
JOSHUA A. JESSEN, SBN 222831
[e-mail]
JEANA BISNAR MAUTE, SBN 290573
[e-mail]
ASHLEY M. ROGERS, SBN 286252
[e-mail]
1881 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
GIBSON, DUNN & CRUTCHER LLP
GAIL E. LEES, SBN 90363
[e-mail]
CHRISTOPHER CHORBA, SBN 216692
[e-mail]
333 South Grand Avenue
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
FACEBOOK, INC.
UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA

15
16
17

OAKLAND DIVISION
MATTHEW CAMPBELL, MICHAEL
HURLEY, and DAVID SHADPOUR,

18

Case No. C 13-05996 PJH (MEJ)
PUTATIVE CLASS ACTION

Plaintiffs,

19
20

DEFENDANT FACEBOOK, INC.’S FIRST
SET OF REQUESTS FOR ADMISSION TO
PLAINTIFF MICHAEL HURLEY

v.
FACEBOOK, INC.,

21

Defendant.

22
23

PROPOUNDING PARTY:

FACEBOOK, INC.

24

RESPONDING PARTY:

MICHAEL HURLEY

25

SET NO.

ONE (1)

26
27
28
Gibson, Dunn &
Crutcher LLP

DEFENDANT FACEBOOK, INC.’S FIRST SET OF REQUESTS FOR ADMISSION
TO PLAINTIFF MICHAEL HURLEY - Case No. C 13-05996 PJH (MEJ)

1

Pursuant to Federal Rules of Civil Procedure 26 and 36 (the “Federal Rules”) and the Local

2

Rules of this Court (the “Local Rules”), Defendant Facebook, Inc. hereby requests that Plaintiff

3

Michael Hurley respond to the following Requests for Admission (the “Requests”) within thirty (30)

4

days of service. The Requests are to be read in accordance with the definitions that follow, as well as

5

the applicable Federal Rules and Local Rules.
DEFINITIONS

6
7

For purposes of these Requests, the following definitions apply:

8

1.

9
10

The definitions and rules of construction set forth in Rule 36 of the Federal Rules are

incorporated herein.
2.

“ACTION” means and refers to the above-captioned lawsuit entitled Matthew

11

Campbell et al. v. Facebook, Inc., Case No. C 13-05996 PJH (MEJ), now pending in the United

12

States District Court for the Northern District of California, and assigned to the Honorable Phyllis J.

13

Hamilton.

14

3.

15
16
17
18

“YOU,” “YOUR,” and/or “YOURSELF” refers to Michael Hurley, a Plaintiff in the

ACTION, and anyone acting on YOUR behalf.
4.

“COMPLAINT” means and refers to YOUR “Consolidated Amended Class Action

Complaint,” filed on or about April 25, 2014, in the ACTION (Dkt. No. 25).
5.

“FACEBOOK” refers to Facebook, Inc., the Defendant in this ACTION, and anyone

19

acting on FACEBOOK’s behalf, as well as www.facebook.com and any FACEBOOK mobile

20

application.

21

6.

“FACEBOOK MESSAGES PRODUCT” refers to the FACEBOOK product that

22

YOU allege in the COMPLAINT that YOU used, which allows FACEBOOK users to share content

23

by sending or receiving a message.

24
25

7.

“URL” refers to a Uniform Resource Locator, which is a reference to a resource on the

Internet.
INSTRUCTIONS

26
27

1.

Each request is required to be answered on the basis of YOUR entire knowledge.

28

2.

The terms “and” and “or” are to be read in both the conjunctive and disjunctive and

Gibson, Dunn &
Crutcher LLP

1
DEFENDANT FACEBOOK, INC.’S FIRST SET OF REQUESTS FOR ADMISSION
TO PLAINTIFF MICHAEL HURLEY - Case No. C 13-05996 PJH (MEJ)

1

shall encompass all information that would be responsive under a conjunctive reading and all

2

information that would be responsive under a disjunctive reading.

3
4

3.

The singular form of any noun or pronoun includes, where appropriate, the plural

form, and vice versa, to encompass the broadest interpretation reasonable for each Request.

5

4.

If YOUR response to any request for admission is anything but an unqualified

6

admission, YOU shall identify such part of the request for admission and state your good faith

7

basis for not admitting the request.

8
9

5

These Requests are continuing in nature pursuant to Rule 26 of the Federal Rules of

Civil Procedure, and they require timely supplementation if YOU obtain further responsive

10

information or determine that YOUR existing responses are inaccurate, inadequate, or

11

incomplete.

12

6.

If YOU withhold under a claim of privilege or other protection any information

13

sought by these requests, furnish a list specifying the information for which the privilege or

14

protection is claimed, together with the following data: (a) the source of the information and his

15

or her job title; (b) the name and job title of each person to whom the information was furnished;

16

(c) the date the information was furnished and/or originated; (d) the subject matter of the

17

information; (e) the privilege claimed; (f) the asserted basis on which privilege is claimed; and

18

(g) the request to which such information responds.

19

7.

If YOU withhold for any other reason any information sought by these requests,

20

furnish a list specifying the information withheld, together with the following data: (a) the

21

source of the information and his or her job title; (b) the name and job title of each person to

22

whom the information was furnished; (c) the date that the information was furnished and/or

23

originated; (d) the subject matter of the information; (e) the asserted basis for withholding the

24

information; and (f) the request to which such information responds.

25

8.

If YOU refuse to produce information on the ground that compliance would be

26

unduly burdensome, set forth with particularity the search that would need to be conducted,

27

including the number of person hours and the costs that would be involved in conducting the

28

search.

Gibson, Dunn &
Crutcher LLP

2
DEFENDANT FACEBOOK, INC.’S FIRST SET OF REQUESTS FOR ADMISSION
TO PLAINTIFF MICHAEL HURLEY - Case No. C 13-05996 PJH (MEJ)

1
2

9.

If an objection is made to any request herein, all information covered by the

request not subject to the objection should be produced.
REQUESTS FOR ADMISSION

3
4
5

REQUEST NO. 1
Admit that, during the proposed class period, FACEBOOK did not use URLs contained in or

6

attached to FACEBOOK messages to develop user profiles.

7

REQUEST NO. 2

8
9
10
11

Admit that, during the proposed class period, FACEBOOK did not use URLs contained in or
attached to FACEBOOK messages to support and deliver targeted advertising.
REQUEST NO. 3
Admit that, during the proposed class period, FACEBOOK did not use “Passive Likes” (as

12

defined in YOUR First Set of Requests for Production of Documents and First Set of Interrogatories

13

to FACEBOOK) to develop user profiles.

14

REQUEST NO. 4

15

Admit that, during the proposed class period, FACEBOOK did not use “Passive Likes” (as

16

defined in YOUR First Set of Requests for Production of Documents and First Set of Interrogatories

17

to FACEBOOK) to support and deliver targeted advertising.

18

DATED: September 11, 2015

19
20
21

GIBSON, DUNN & CRUTCHER LLP
/s/
Joshua A. Jessen

By:

Attorneys for Defendant FACEBOOK, INC.

22
23
24
25
26
27
28
Gibson, Dunn &
Crutcher LLP

3
DEFENDANT FACEBOOK, INC.’S FIRST SET OF REQUESTS FOR ADMISSION
TO PLAINTIFF MICHAEL HURLEY - Case No. C 13-05996 PJH (MEJ)

PROOF OF SERVICE

1
2
3
4

I, Ashley M. Rogers, declare as follows:
I am employed in the County of Santa Clara, State of California, I am over the age of eighteen
years and am not a party to this action; my business address is 1881 Page Mill Road, Palo Alto, CA
94304-1211, in said County and State. On September 11, 2015, I served the following document(s):
DEFENDANT FACEBOOK, INC.’S FIRST SET OF REQUESTS FOR
ADMISSION TO PLAINTIFF MICHAEL HURLEY

5
6
7

on the parties stated below, by the following means of service:
David F. Slade
[e-mail]
James Allen Carney
[e-mail]
Joseph Henry Bates, III
Carney Bates & Pulliam, PLLC
[e-mail]

8
9
10
11

Melissa Ann Gardner
[e-mail]
Nicholas Diamand
[e-mail]
Rachel Geman
[e-mail]
Michael W. Sobol
Lieff Cabraser Heimann & Bernstein, LLP
[e-mail]

12
13
14
15
16


BY ELECTRONIC SERVICE: On the above-mentioned date, based on a court order or an
agreement of the parties to accept service by electronic transmission, I caused the documents to
be sent to the persons at the electronic notification addresses as shown above.

19



I am employed in the office of Joshua A. Jessen and am a member of the bar of this court.

20



I declare under penalty of perjury that the foregoing is true and correct.

17
18

21

Executed on September 11, 2015.

22

/s/
Ashley M. Rogers

23
24
25
26
27
28
Gibson, Dunn &
Crutcher LLP

4
DEFENDANT FACEBOOK, INC.’S FIRST SET OF REQUESTS FOR ADMISSION
TO PLAINTIFF MICHAEL HURLEY - Case No. C 13-05996 PJH (MEJ)