Campbell et al v. Facebook Inc.

Filing 134

MOTION for Extension of Time to File Renewed Motion to Continue Class Certification and Summary Judgment Deadlines filed by Matthew Campbell, Michael Hurley. (Attachments: # 1 Declaration of Michael W. Sobol, # 2 Exhibit 1, # 3 Proposed Order)(Sobol, Michael) (Filed on 10/29/2015)

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Michael W. Sobol (State Bar No. 194857)
[e-mail]
David T. Rudolph (State Bar No. 233457)
[e-mail]
Melissa Gardner (State Bar No. 289096)
[e-mail]
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: [phone]
Facsimile: 415.956.1008

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Hank Bates (State Bar No. 167688)
[e-mail]
Allen Carney
[e-mail]
David Slade
[e-mail]
CARNEY BATES & PULLIAM, PLLC
11311 Arcade Drive
Little Rock, AR 72212
Telephone: [phone]
Facsimile: 501.312.8505

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Attorneys for Plaintiffs and the Proposed Class

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MATTHEW CAMPBELL and MICHAEL
HURLEY, on behalf of themselves and all
others similarly situated,

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Plaintiffs,

Case No. 4:13-cv-05996-PJH (MEJ)
DECLARATION OF MICHAEL W. SOBOL
IN SUPPORT OF PLAINTIFFS’ RENEWED
MOTION TO CONTINUE DEADLINES

v.
FACEBOOK, INC.,
Defendant.

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DECLARATION OF MICHAEL W. SOBOL
CASE NO. 4:13-CV-05996-PJH (MEJ)

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I, Michael W. Sobol, hereby declare:

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1.

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

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

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

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thereto, I could and would do so competently. I submit this Declaration in support of Plaintiffs’

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renewed motion to extend the class certification and early summary judgment deadlines.

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2.

Plaintiffs request a further extension of roughly 60 days to complete discovery

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related to class certification and Facebook’s anticipated summary judgment motion. In early

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September, prior to this Court’s Order granting a 30-day extension, Plaintiffs attempted, without

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success, to obtain a stipulation for a 90-day extension of the same deadlines.
3.

When the matter came before the Court, Facebook represented that discovery

would be substantially complete by September 30, 2015. (Dkt. 114).
4.

As of September 30, Facebook’s production comprised approximately 1,920

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documents, totaling approximately 9,866 pages, many of which were duplicates or publicly-

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available documents. On October 13, 2015 Facebook produced an additional 994 documents,

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totaling approximately 2,656 pages. Close to midnight on October 28, 2015 Facebook produced

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another 541 documents, totaling approximately 3,292 pages, a substantial number of which

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appear to be native files that will take considerable time to review.

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5.

Forty-three percent of Facebook’s production to date, comprising documents

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important to Plaintiffs’ motion to class certification and ability to defend against summary

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judgment, was made after September 30, 2015.

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6.

Attached hereto as Exhibit 1 is a true and correct copy of Facebook’s

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Supplemental Responses and Objections to Plaintiffs’ Request for Production Nos. 54, 55, and

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57, which were also served by Facebook on October 28, 2015 close to midnight.

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7.

Facebook’s delay in providing relevant discovery, including by failing to produce

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a significant proportion of relevant and responsive documents until October 13, and October 28,

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has substantially prejudiced Plaintiffs’ ability to prepare their motion for class certification as

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DECLARATION OF MICHAEL W. SOBOL
CASE NO. 4:13-CV-05996-PJH (MEJ)

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well as their opposition to Facebook’s anticipated motion for summary judgment, both currently

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due November 13, 2015.

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8.

The requested time modification would not affect any other dates currently

scheduled for this case.
I declare under penalty of perjury that the foregoing is true and correct and that this
Declaration was signed in San Francisco, California, on October 29, 2015.
Dated: October 29, 2015

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By:

/s/ Michael W. Sobol
Michael W. Sobol

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ATTESTATION

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I, Michael W. Sobol, am the ECF user whose identification and password are being used
to file this document. I hereby attest that David T. Rudolph has concurred in this filing.

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Dated: October 29, 2015

/s/ Michael W. Sobol
Michael W. Sobol

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DECLARATION OF MICHAEL W. SOBOL
CASE NO. 4:13-CV-05996-PJH (MEJ)