Campbell et al v. Facebook Inc.
Filing
128
RESPONSE to re 126 Declaration of Dale Harrison by Matthew Campbell, Michael Hurley. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Sobol, Michael) (Filed on 10/8/2015) Modified on 10/9/2015 (vlkS, COURT STAFF).
EXHIBIT 3
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Michael W. Sobol (State Bar No. 194857)
msobol@lchb.com
Melissa Gardner (State Bar No. 289096)
mgardner@lchb.com
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: 415.956.1000
Facsimile: 415.956.1008
Rachel Geman
rgeman@lchb.com
Nicholas Diamand
ndiamand@lchb.com
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
250 Hudson Street, 8th Floor
New York, NY 10013-1413
Telephone: 212.355.9500
Facsimile: 212.355.9592
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Patrick V. Dahlstrom
pdahlstrom@pomlaw.com
POMERANTZ, LLP
10 S. La Salle Street Suite 3505
Chicago, Illinois 60603
Telephone: 312.377.1181
Facsimile: 312.377.1184
Hank Bates (State Bar No. 167688)
hbates@cbplaw.com
Allen Carney
acarney@cbplaw.com
David Slade
dslade@cbplaw.com
CARNEY BATES & PULLIAM, PLLC
11311 Arcade Drive
Little Rock, AR 72212
Telephone: 501.312.8500
Facsimile: 501.312.8505
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Jeremy A. Lieberman
Lesley F. Portnoy
info@pomlaw.com
POMERANTZ, LLP
600 Third Avenue, 20th Floor
New York, New York 10016
Telephone: 212.661.1100
Facsimile: 212.661.8665
Attorneys Plaintiffs and the Proposed Class
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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MATTHEW CAMPBELL, MICHAEL
HURLEY, and DAVID SHADPOUR, on
behalf of themselves and all others
similarly situated,
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Case No. C 13-5996 PJH
PLAINTIFFS’ FIRST SET OF REQUESTS
FOR PRODUCTION OF DOCUMENTS TO
DEFENDANT
Plaintiffs,
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v.
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FACEBOOK, INC.,
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Defendant.
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1215231.1
PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH
1
Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure, the Plaintiffs request
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that Defendant Facebook respond to the following requests for the production of Documents
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(each, a “Request,” collectively the “Requests”) within thirty (30) days of service.
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5
DEFINITIONS
(a)
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Inc.; Case No. C 13-5996 PJH (N. Dist. Cal.).
(b)
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“Action” means the case captioned Matthew Campbell and Michael Hurley v. Facebook,
“Active Likes” means any Likes that were generated by Facebook Users affirmatively
clicking on a Like button Social PlugIn.
(c)
“Architecture” refers to each piece of Facebook infrastructure – including but not limited
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to source code, software, applications, web crawlers, hardware, and networks – utilized to
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implement or otherwise facilitate any of Your services.
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(d)
“Communication” means the conveyance (in the form of facts, ideas, thoughts, opinions,
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data, inquiries or otherwise) of information and includes, without limitation,
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correspondence, memoranda, reports, presentations, face-to-face conversations, telephone
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conversations, text messages, instant messages, voice messages, negotiations, agreements,
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inquiries, understandings, meetings, letters, notes, telegrams, mail, email, and postings of
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any type.
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(e)
“Complaint” means the operative Complaint in this Action.
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(f)
“Developer(s)” means Third Parties who utilize the Facebook platform to either build
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their own applications or to incorporate the Facebook platform into their own products
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(e.g., incorporating Facebook’s Like Social PlugIn into a website).
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(g)
“Document(s)” means all materials within the full scope of Fed. R. Civ. P. 34 including
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but not limited to: all writings and recordings, including the originals, drafts and all non-
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identical copies, whether different from the original by reason of any notation made on
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such copies or otherwise (including but without limitation to, email and attachments,
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correspondence, memoranda, notes, diaries, statistics, letters, telegrams, minutes,
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contracts, reports, studies, checks, statements, tags, labels, invoices, brochures,
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periodicals, receipts, returns, summaries, pamphlets, books, interoffice and intra-office
1215231.1
-2-
PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH
1
Communications, instant messages, chats, offers, notations of any sort of conversations,
2
working papers, applications, permits, file wrappers, indices, telephone calls, meetings or
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printouts, teletypes, telefax, invoices, worksheets, and all drafts, alterations, modifications,
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changes and amendments of any of the foregoing), graphic or aural representations of any
5
kind (including without limitation, photographs, charts, microfiche, microfilm, videotape,
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recordings, motion pictures, plans, drawings, surveys), and electronic, mechanical,
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magnetic, optical or electric records or representations of any kind (including without
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limitation, computer files and programs, tapes, cassettes, discs, recordings), including
9
Metadata.
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(h)
“Electronic Media” means any magnetic, optical, or other storage media device used to
11
record or access ESI including, without limitation, computer memory, hard disks, floppy
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disks, flash memory devices, CDs, DVDs, Blu-ray disks, cloud storage (e.g., DropBox,
13
Box, OneDrive, and SharePoint), tablet computers (e.g., iPad, Kindle, Nook, and Samsung
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Galaxy), cellular or smart phones (e.g., BlackBerry, iPhone, Samsung Galaxy), personal
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digital assistants, magnetic tapes of all types or any other means for digital storage and/or
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transmittal.
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(i)
“ESI” or “Electronically Stored Information” refers to information and Documents (as
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defined within this section) within the full scope of Fed. R. Civ. P. 34 – with all Metadata
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intact – created, manipulated, communicated, stored, and best utilized in digital form, and
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requiring the use of Electronic Media to access. Such information includes emails, email
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attachments, message boards, forums, support tickets, support articles, security alerts,
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pop-ups, videos, discussion boards, data, charts, BETA results, error messages, bug
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reports, source code, investigative reports, monitoring reports, comments, press releases,
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drafts, models, templates, websites, instant messages, chats, and intercompany and intra-
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company Communications.
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(j)
“Facebook User(s)” means Persons who have established a Facebook account.
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(k)
“Facebook User Data Profile(s)” means the group of data points, collected by You from
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any source and assigned by You to specific Facebook Users, for purposes including but
1215231.1
-3-
PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH
1
not limited to “bundling characteristics” and determining the potential interests of
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Facebook Users as described in Your Data Use Policy under the heading “How
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Advertising and Sponsored Stories Work.”
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(l)
“Identify,” with respect to Documents, means to give, to the extent known, the (a) type
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of Document; (b) general subject matter; (c) date of the Document; (d) author(s), (e)
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addressee(s), and (f) recipient(s).
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(m)
“Identify,” with respect to Persons, means to give, to the extent known, the Person’s full
8
name, present or last known address, and when referring to a natural person, additionally,
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the present or last known place of employment. Once a Person has been identified in
10
accordance with this subparagraph, only the name of that Person need be listed in
11
response to subsequent discovery requesting the identification of that Person.
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(n)
“Including” means “including but not limited to” and “including without limitation.”
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(o)
“Metadata” refers to structured information about an electronic file that is embedded in
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the file, describing the characteristics, origins, usage and validity the electronic file.
(p)
“Meeting” means the contemporaneous presence, whether in person or through any
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means of communication, of any natural persons, whether or not such presence was by
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chance or prearranged, and whether or not the meeting was formal or informal, or
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occurred in connection with some other activity.
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(q)
“Motion to Dismiss” means Your motion to dismiss filed in this Action (Docket No. 29).
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(r)
“Native Format” refers to the original file format in which a particular Document or item
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of ESI was created.
(s)
“Passive Likes” means any Likes that were not generated by Facebook Users
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affirmatively clicking on a Like button Social PlugIn, and were instead generated as a
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result of Facebook scanning URLs contained within Private Message (i.e., generated
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through the behavior described in the Wall Street Journal article “How Private Are Your
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Private Facebook Messages”).
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(t)
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“Person” means any natural person or any business, legal or governmental entity or
association.
1215231.1
-4-
PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH
1
(u)
“Plaintiff” and “Plaintiffs” refer to the named plaintiffs in this Action, and any reference
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to “Plaintiff” or “Plaintiffs” shall be construed disjunctively or conjunctively as necessary
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in order to bring within the scope of the request all responses which otherwise might be
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construed to be outside its scope.
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(v)
“Private Message(s)” means the portion of Facebook’s service designed to transmit
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private messages between users – as opposed to posts – and which process is engaged by,
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inter alia, the “Message” button on users’ profile pages or via the Messenger app.
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(w)
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could in any way apprise its possessor of any substance, meaning, or purport of the Private
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“Private Message Content” means any data or metadata related to a Private Message that
Message.
(x)
“Private Message Transmission” means the act or series of acts taken by Facebook
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during the exchange of Private Messages between Facebook Users; beginning the moment
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a Facebook User initiates the process of composing a Private Message to at least one
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recipient Facebook User, and ending once the recipient(s) view(s) the Private Message.
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Such act or acts include routing, delivery, processing, scanning, anti-virus and spam
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filtration, writing of the Private Message to any server, analysis, content extraction,
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generation of data, and generation of metadata.
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(y)
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“Process” refers to a series of discrete steps, ordered and undertaken to achieve a specific
goal or set of goals that facilitate Facebook’s operation.
(z)
“Relate(s) o,” “Related to” or “Relating to” shall be construed to mean referring to,
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reflecting, concerning, pertaining to or in any manner being connected with the matter
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discussed.
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(aa)
“Targeted Advertising” means advertising purchased by Third Parties, to be delivered
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by You to Facebook Users based upon inferences drawn from data points within Facebook
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Users’ Data Profiles (e.g., “location,” “demographics,” “interests,” and “behaviors,” as
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described on Your website on the page titled “How to target Facebook Ads;
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https://www.facebook.com/business/a/online-sales/ad-targeting-details).
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(bb)
1215231.1
“Third Party” refers to any party other than You or Plaintiffs.
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PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH
1
(cc)
“Transmission,” “Transmit,” and “Transmitting” refer to any intentional act by one
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party which results in the possession, by at least one other party, of a Document or item of
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ESI. Such acts include but are not limited to mailing (via the U.S. Post Office or other
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Third Party carriers such as FedEx or UPS), faxing, emailing, hand-delivering, and
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causing to be delivered via courier service any Document and/or, where applicable, item
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of ESI.
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(dd)
“You,” “Your,” and “Facebook” shall mean Facebook, Inc. and any of its directors,
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officers, employees, partners, members, representatives, agents (including attorneys,
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accountants, consultants, investment advisors or bankers), and any other person purporting
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to act on its behalf. In the case of business entities, these defined terms include parents,
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subsidiaries, affiliates, predecessor entities, successor entities, divisions, departments,
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groups, acquired entities and/or related entities or any other entity acting or purporting to
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act on its behalf.
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RULES OF CONSTRUCTION
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1.
The connectives “and” and “or” shall be construed either disjunctively or
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conjunctively as necessary to bring within the scope of the discovery request all responses that
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might otherwise be construed to be outside of its scope.
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2.
“Any,” “all,” and “each” shall be construed as any, all and each.
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3.
The singular form of a noun or pronoun includes the plural form and vice versa.
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4.
The use of any tense of any verb shall also include within its meaning all other
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tenses of that verb.
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5.
A term or word defined herein is meant to include both the lower and upper case
reference to such term or word.
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6.
Any headings which appear in the Requests for Production section have been
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inserted for the purpose of convenience and ready reference. They do not purport to, and are not
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intended to, define, limit, or extend the scope or intent of the Requests to which they pertain.
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1215231.1
-6-
PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH
1
INSTRUCTIONS
1.
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You are requested to produce all Documents and ESI in Your possession, custody,
3
or control – as well as Documents and ESI that are in the possession of Your partners, officers,
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employees, attorneys, accountants, representatives, or agents, or that are otherwise subject to
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Your custody or control – that are described below.
2.
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Unless otherwise indicated, the Documents and ESI to be produced include all
7
Documents and ESI prepared, sent, dated or received, or those that otherwise came into existence
8
any time during the Relevant Time Period.
3.
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The production by one person, party, or entity of a Document or item of ESI does
10
not relieve another person, party, or entity from the obligation to produce his, her, or its own copy
11
of that Document or ESI, even if the two are identical.
4.
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In producing Documents and ESI, You are requested to produce a copy of each
13
original Document and ESI together with a copy of all non-identical copies and drafts of that
14
Document. If the original of any Document and ESI cannot be located, a copy shall be provided
15
in lieu thereof, and shall be legible and bound or stapled in the same manner as the original.
5.
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Documents and ESI shall be produced as they are kept in the usual course of
17
business. All Documents and ESI shall be produced with a copy of the file folder, envelope, or
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other container in which the Documents and ESI are kept or maintained. All Documents and ESI
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shall be produced intact in their original files, without disturbing the organization of Documents
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and ESI employed during the conduct of the ordinary course of business and during the
21
subsequent maintenance of the Documents and ESI.
6.
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Documents and ESI not otherwise responsive to this discovery request shall be
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produced if such Documents and ESI mention, discuss, refer to, or explain the Documents and
24
ESI which are called for by this discovery request, or if such Documents and ESI are attached to
25
Documents and ESI called for by this discovery request and constitute routing slips, transmittal
26
memoranda, or letters, comments, evaluations or similar materials.
7.
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Each Document and item of ESI requested herein is requested to be produced in its
entirety and without deletion or excisions, regardless of whether You consider the entire
1215231.1
-7-
PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH
1
Document or item of ESI to be relevant or responsive to this request. If You have redacted any
2
portion of a Document or item of ESI, stamp the word “redacted” on each page of the Document
3
or item of ESI that You have redacted.
4
8.
If any Document or item of ESI called for by these requests is not produced in full
5
or is redacted on the ground that it is privileged or otherwise claimed to be protected against
6
production, You are requested to provide the following information with respect to each such
7
Document or item of ESI or redaction:
8
(a)
its date;
9
(b)
its author(s), its signatory(s) and each and every other person who prepared
10
or participated in its preparation;
11
(c)
the type of Document or item of ESI it is (e.g., letter, chart, memorandum,
13
(d)
a description of its subject matter and length;
14
(e)
a list of those persons and entities to whom said Document(s) or item of
12
etc.);
15
ESI was disseminated, together with their last known addresses and the date or approximate date
16
on which each such person or entity received it;
17
(f)
a list of all other persons to whom the contents of the Document or item of
18
ESI have been disclosed, the date such disclosure took place, the means of such disclosure, and
19
the present location of the Document or item of ESI and all copies thereof;
20
(g)
21
of ESI and all copies thereof; and
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(h)
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each and every person having custody or control of the Document or item
the nature of the privilege or other rule of law relied upon and any facts
supporting Your position in withholding production of each such Document or item of ESI.
24
9.
If You assert an objection to any request, You must nonetheless respond and
25
produce any responsive Documents and ESI that are not subject to the stated objection. If You
26
object to part of a request or category, You must specify the portion of the request to which You
27
object, and must produce Documents and ESI responsive to the remaining parts of the request.
28
1215231.1
-8-
PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH
1
10.
Notwithstanding a claim that a Document or item of ESI is protected from
2
disclosure, any Document or item of ESI so withheld must be produced with the portion claimed
3
to be protected redacted.
4
11.
If any Document or ESI is known to have existed but no longer exists, has been
5
destroyed, or is otherwise available, You must identify the Document or ESI, the reason for its
6
loss, destruction or unavailability, the name of each person known or reasonably believed by You
7
to have present possession, custody, or control of the original and any copy thereof (if
8
applicable), and a description of the disposition of each copy of the Document or ESI.
9
12.
Every Request for Production herein shall be deemed a continuing discovery
10
request, and You are to supplement information which adds to or is in any way inconsistent with
11
Your initial answers to these Requests.
12
13.
Plaintiffs reserve the right to propound additional discovery requests.
13
RELEVANT TIME PERIOD
14
The relevant time period for each Document Request is for September 26, 2006 through
15
the present (the “Relevant Time Period”), unless otherwise specifically indicated, and shall
16
include all Documents, ESI, and any other information that relate to such period, even though
17
prepared or published outside of the relevant time period. If a Document or item of ESI prepared
18
before this period is necessary for a correct or complete understanding of any Document or item
19
of ESI covered by a request, You must produce the earlier or subsequent Document or item of
20
ESI as well. If any Document or item of ESI is undated and the date of its preparation cannot be
21
determined, the Document or item of ESI shall be produced if otherwise responsive to the
22
production request.
23
REQUESTS FOR PRODUCTION OF DOCUMENTS
24
A.
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26
REQUEST FOR PRODUCTION NO. 1:
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28
Requests Related to Facebook’s Corporate Organizational Structure and
Individuals Who May Possess Relevant Information
All Documents and ESI showing Facebook’s organizational structure that identify all
current or former Persons at Facebook (including directors, officers, employees, or contractors)
1215231.1
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PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH
1
who may possess knowledge relevant to this Action.
2
REQUEST FOR PRODUCTION NO. 2:
3
Documents and ESI sufficient to identify all databases, networks, or any other repositories
4
of information under Your control that may contain Documents and ESI relevant to this Action.
5
REQUEST FOR PRODUCTION NO. 3:
6
Documents and ESI sufficient to identify all methods and media utilized by Your
7
employees for inter-office (internal) Communication in the course of their work, including but not
8
limited to inter-office mail (electronic and physical), reports (electronic and physical), chats, and
9
video chats, as well as how and where such Communications are stored.
10
11
B.
Requests Related to Private Message Transmission and the Like Social PlugIn
REQUEST FOR PRODUCTION NO. 4:
12
All Documents and ESI sufficient to identify each Process and/or piece of Architecture
13
involved in Private Message Transmission.
14
REQUEST FOR PRODUCTION NO. 5:
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All Documents and ESI related to each Process and/or piece of Architecture involved in
16
the scanning of Private Message Content for purposes of creating, augmenting, or otherwise
17
maintaining Facebook User Data Profiles.
18
REQUEST FOR PRODUCTION NO. 6:
19
All Documents and ESI related to each Process and/or piece of Architecture involved in
20
the acquisition of data, metadata, or other content from Private Messages, for purposes of
21
creating, augmenting, or otherwise maintaining Facebook User Data Profiles.
22
REQUEST FOR PRODUCTION NO. 7:
23
All Documents and ESI sufficient to identify each Process and/or piece of Architecture
24
involved in spam filtering.
25
REQUEST FOR PRODUCTION NO. 8:
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All Documents and ESI sufficient to identify each Process and/or piece of Architecture
involved in malware filtering.
28
1215231.1
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PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH
1
REQUEST FOR PRODUCTION NO. 9:
2
All Documents and ESI sufficient to identify each Process and/or piece of Architecture
3
involved in generating thumbnail/URL previews.
4
REQUEST FOR PRODUCTION NO. 10:
5
All Documents and ESI sufficient to identify each Process and/or piece of Architecture
6
involved in storing Private Messages for Facebook Users’ future review, or for any other purpose.
7
REQUEST FOR PRODUCTION NO. 11:
8
All Documents and ESI sufficient to identify each Process and/or piece of Architecture
9
involved in “protect[ing] users, the product, and the site from threats and abusive behavior,” as
10
described on page 11 of Your Motion to Dismiss.
11
REQUEST FOR PRODUCTION NO. 12:
12
All Documents and ESI sufficient to identify each Process and/or piece of Architecture
13
related to the Like Social PlugIn.
14
REQUEST FOR PRODUCTION NO. 13:
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All Documents and ESI relating to each Process and/or piece of Architecture involved in
16
generating Passive Likes, including all Documents and ESI related to Your cessation of the
17
practice of generating Passive Likes.
18
REQUEST FOR PRODUCTION NO. 14:
19
All Documents and ESI relating to the “bug…where at times the count for the Share or
20
Like goes up by two,” identified by You in Your statement quoted in the Wall Street Journal
21
Article titled “How Private Are Your Private Facebook Messages?” and published in
22
October, 2012.
23
REQUEST FOR PRODUCTION NO. 15:
24
All Documents and ESI sufficient to identify each Process and/or piece of Architecture
25
involved in generating Active Likes.
26
REQUEST FOR PRODUCTION NO. 16:
27
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All Documents and ESI relating to how Third Parties acquire information related to
Facebook Users from the Like Social PlugIn, including information acquired by Third Parties
1215231.1
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PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH
1
when a Facebook User engages the Like Social PlugIn either via Passive Likes or Active Likes.
2
REQUEST FOR PRODUCTION NO. 17:
3
All Documents and ESI relating to how Third Parties can use information related to
4
Facebook Users from the Like Social PlugIn, including Social Graph searches of data acquired
5
through Passive Likes or Active Likes.
6
C.
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8
Requests Related to How Facebook User Data Profiles Are Created,
Augmented, and Maintained
REQUEST FOR PRODUCTION NO. 18:
9
All Documents and ESI sufficient to identify each Process and/or piece of Architecture
10
involved in the creation, augmentation, or maintenance of Facebook User Data Profiles.
11
REQUEST FOR PRODUCTION NO. 19:
12
All Documents and ESI relating to how You use any Private Message Content, including
13
for purposes related to Facebook User Profiles and/or Targeted Advertising.
14
REQUEST FOR PRODUCTION NO. 20:
15
All Documents and ESI relating to the extent to which You allow Third Parties any access
16
to any Private Message Content.
17
REQUEST FOR PRODUCTION NO. 21:
18
All Documents and ESI relating to the use of Passive Likes – or any data, metadata, or
19
other information generated therefrom – as data points in Facebook User Data Profiles.
20
REQUEST FOR PRODUCTION NO. 22:
21
All Documents and ESI relating to the use of Passive Likes – or any data, metadata, or
22
other information generated therefrom – for purposes related to Targeted Advertising.
23
REQUEST FOR PRODUCTION NO. 23:
24
All Documents and ESI relating to the use of Active Likes – or any data, metadata, or
25
other information generated therefrom – as data points in Facebook User Data Profiles.
26
REQUEST FOR PRODUCTION NO. 24:
27
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All Documents and ESI relating to the use of Active Likes – or any data, metadata, or
other information generated therefrom – for purposes related to Targeted Advertising.
1215231.1
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PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH
1
2
D.
Requests Related to How Facebook Obtains Consent
REQUEST FOR PRODUCTION NO. 25:
All Documents and ESI used by You to establish Facebook Users’ express consent to the
3
4
practices forming the basis for Plaintiffs’ Complaint.
5
REQUEST FOR PRODUCTION NO. 26:
All Documents and ESI supporting the position advanced in pages 18-19 of Your Motion
6
7
to Dismiss that Facebook Users impliedly consent to the practices forming the basis for Plaintiffs’
8
Complaint.
9
E.
Requests Related to Law Enforcement Investigations, Media Investigations,
and Complaints Involving Privacy Issues
10
11
REQUEST FOR PRODUCTION NO. 27:
12
All Documents and ESI related to investigations of Facebook by any governmental
13
agency (in the United States or otherwise), regulatory agency, law enforcement agency, or
14
advisory council relating to user privacy issues, including investigations by United States Federal
15
Trade Commission and the Office of the Irish Data Protection Commissioner.
16
REQUEST FOR PRODUCTION NO. 28:
All Documents and ESI related to FTC MATTER/FILE NUMBER: 092 3184, In the
17
18
Matter of Facebook, Inc., a corporation, including all Documents and ESI related to
19
implementation of the business practice changes mandated by the FTC in its July 27, 2012
20
Decision and Order (“FTC Order”), and including all Documents and ESI related to the Third
21
Party, biennial assessments and reports identified on pages 6 and 7 of the FTC Order.
22
REQUEST FOR PRODUCTION NO. 29:
All Documents and ESI related to – and sufficient to identify – the “dedicated team of
23
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privacy professionals” identified on page 8 of Your Form 10-K for fiscal year ending
25
December 31, 2013, including any involvement such Persons had in matters related to (1)
26
obtaining consent of Facebook Users for Your practices implicating privacy and data use; (2)
27
Private Messages; and (3) the acts and practices described in the Complaint.
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1215231.1
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PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH
1
REQUEST FOR PRODUCTION NO. 30:
2
All Documents and ESI related to all audits of Facebook conducted by the Office of the
3
Irish Data Protection Commissioner.
4
REQUEST FOR PRODUCTION NO. 31:
5
All Documents and ESI related to Third Parties discussing Passive Likes, including the
6
Wall Street Journal article “How Private Are Your Private Facebook Messages,” the Digital
7
Trends article “Facebook Scans Private Messages for Brand Page Mentions, Admits a Bug is
8
Boosting Likes,” and the Hacker News post “Facebook Graph API exploit that let’s [sic] you
9
pump up to 1800 ‘Likes’ in an hour.”
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11
F.
Miscellaneous Requests
REQUEST FOR PRODUCTION NO. 32:
12
All Documents and ESI that You contend evidence or substantiate Your defenses in this
13
Action.
14
REQUEST FOR PRODUCTION NO. 33:
15
All Documents and ESI related to Your policies, practices, or procedures, if any,
16
regarding the retention or destruction of Documents and files, including emails, email backup or
17
archive tapes, hard drives, and corporate storage, including, without limitation, any changes or
18
modifications in such policies or practices during the Relevant Time Period.
19
REQUEST FOR PRODUCTION NO. 34:
20
All insurance policies, including any declaration pages and riders, which could be used to
21
satisfy any claim in this action.
22
REQUEST FOR PRODUCTION NO. 35:
23
A plain-English description or glossary for any and all lists, legends, codes, abbreviations,
24
collector initials, or other non-obvious terms, words, or data contained in any of the Documents
25
or ESI produced in response to any of these Requests for Production, and to the extent applicable,
26
with any of the Interrogatories served herewith.
27
REQUEST FOR PRODUCTION NO. 36:
28
For any source code related to any of these Requests, Documents and ESI sufficient to
1215231.1
- 14 -
PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH
1
identify all code repositories for such source code.
2
REQUEST FOR PRODUCTION NO. 37:
3
For any source code related to any of these Requests, check in/check out histories –
4
including timestamps, version numbers, and usernames – for such source code.
5
REQUEST FOR PRODUCTION NO. 38:
6
All Documents and ESI related to any Facebook User complaints related to the practices
7
alleged in Plaintiffs’ Complaint, as well as all responses from Facebook thereto.
8
REQUEST FOR PRODUCTION NO. 39:
9
All Documents and ESI related to Your representations to Third Parties regarding the use
10
of Active and Passive Likes in marketing and/or Targeted Advertising, including but not limited
11
to form contracts, marketing materials, and internal memoranda describing the purported benefits
12
of Active and Passive Likes to Third Parties.
13
REQUEST FOR PRODUCTION NO. 40:
14
All Documents and ESI related to each Plaintiff.
15
16
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18
19
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21
22
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24
25
26
27
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1215231.1
- 15 -
PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH
1
Dated: January 26, 2015
2
Respectfully submitted,
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
3
4
By:
5
Michael W. Sobol (State Bar No. 194857)
msobol@lchb.com
Melissa Gardner (State Bar No. 289096)
mgardner@lchb.com
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: 415.956.1000
Facsimile: 415.956.1008
6
7
8
9
10
/s/ Michael W. Sobol
Rachel Geman
rgeman@lchb.com
Nicholas Diamand
ndiamand@lchb.com
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
250 Hudson Street, 8th Floor
New York, NY 10013-1413
Telephone: 212.355.9500
Facsimile: 212.355.9592
11
12
13
14
15
20
Hank Bates (State Bar No. 167688)
hbates@cbplaw.com
Allen Carney
acarney@cbplaw.com
David Slade
dslade@cbplaw.com
CARNEY BATES & PULLIAM, PLLC
11311 Arcade Drive
Little Rock, AR 72212
Telephone: 501.312.8500
Facsimile: 501.312.8505
21
Attorneys for Plaintiffs and the Proposed Class
16
17
18
19
22
23
24
25
26
27
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1215231.1
- 16 -
PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH
1
2
3
4
5
6
7
8
9
10
11
Michael W. Sobol (State Bar No. 194857)
msobol@lchb.com
Melissa Gardner (State Bar No. 289096)
mgardner@lchb.com
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: 415.956.1000
Facsimile: 415.956.1008
Rachel Geman
rgeman@lchb.com
Nicholas Diamand
ndiamand@lchb.com
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
250 Hudson Street, 8th Floor
New York, NY 10013-1413
Telephone: 212.355.9500
Facsimile: 212.355.9592
16
Patrick V. Dahlstrom
pdahlstrom@pomlaw.com
POMERANTZ, LLP
10 S. La Salle Street Suite 3505
Chicago, Illinois 60603
Telephone: 312.377.1181
Facsimile: 312.377.1184
Hank Bates (State Bar No. 167688)
hbates@cbplaw.com
Allen Carney
acarney@cbplaw.com
David Slade
dslade@cbplaw.com
CARNEY BATES & PULLIAM, PLLC
11311 Arcade Drive
Little Rock, AR 72212
Telephone: 501.312.8500
Facsimile: 501.312.8505
17
Jeremy A. Lieberman
Lesley F. Portnoy
info@pomlaw.com
POMERANTZ, LLP
600 Third Avenue, 20th Floor
New York, New York 10016
Telephone: 212.661.1100
Facsimile: 212.661.8665
Attorneys Plaintiffs and the Proposed Class
12
13
14
15
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UNITED STATES DISTRICT COURT
19
NORTHERN DISTRICT OF CALIFORNIA
20
21
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MATTHEW CAMPBELL, MICHAEL
HURLEY, and DAVID SHADPOUR, on
behalf of themselves and all others
similarly situated,
Case No. C 13-5996 PJH
PROOF OF SERVICE BY EMAIL AND
U.S. MAIL
23
Plaintiffs,
24
v.
25
FACEBOOK, INC.,
26
Defendant.
27
28
1215231.1
- 17 -
PROOF OF SERVICE BY EMAIL AND U.S. MAIL
CASE NO. C 13-5996 PJH
1
I am a citizen of the United States and employed in San Francisco County, California. I
2
am over the age of eighteen years and not a party to the within-entitled action. My business
3
address is 275 Battery Street, 29th Floor, San Francisco, California 94111-3339.
4
I am readily familiar with Lieff, Cabraser, Heimann & Bernstein, LLP’s practice for
5
collection and processing of documents for service via email, and that practice is that the
6
documents are attached to an email and sent to the recipient’s email account.
7
I am also readily familiar with this firm’s practice for collection and processing of
8
correspondence for mailing with the United States Postal Service. Following ordinary business
9
practices, the envelope was sealed and placed for collection and mailing on this date, and would,
10
in the ordinary course of business, be deposited with the United States Postal Service on this date.
11
On January 26, 2015, I caused to be served copies of the following documents:
12
1.
PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT; and
this
2.
PROOF OF SERVICE BY EMAIL AND U.S. MAIL
13
14
15
on the following parties in this action through their respective counsel:
16
Christopher Chorba
Gibson, Dunn & Crutcher LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
Email: cchorba@gibsondunn.com
17
18
19
Joshua Aaron Jessen
Gibson Dunn & Crutcher LLP
3161 Michelson Drive, Suite 1200
Irvine, CA 92612
Email: jjessen@gibsondunn.com
20
21
22
Executed on January 26, 2015, at San Francisco, California.
23
/s/ David T. Rudolph
David T. Rudolph
24
25
26
27
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1215231.1
- 18 -
PROOF OF SERVICE BY EMAIL AND U.S. MAIL
CASE NO. C 13-5996 PJH
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