Campbell et al v. Facebook Inc.

Filing 135

RESPONSE (re 134 MOTION for Extension of Time to File Renewed Motion to Continue Class Certification and Summary Judgment Deadlines ) filed byFacebook Inc.. (Attachments: # 1 Declaration of Joshua Jessen, # 2 Exhibit 1 to the Declaration of Joshua Jessen)(Jessen, Joshua) (Filed on 11/2/2015)

EXHIBIT 1

Jessen, Joshua A.
From:
Sent:
To:
Cc:
Subject:

Rudolph, David T. <[e-mail]>
Thursday, October 08, 2015 2:30 PM
Maute, Jeana Bisnar; Jessen, Joshua A.; Chorba, Christopher; Rogers, Ashley;
Rajagopalan, Priyanka
Sobol, Michael W.; Diamand, Nicholas; Gardner, Melissa; '[e-mail]'; 'Allen
Carney ([e-mail]) ([e-mail])'; '[e-mail]'
RE: Campbell v. Facebook

Jeana,
Thank you for your email. Please produce all copies of the document.
Thanks.
David T. Rudolph
Of Counsel
[e-mail]
t 415.956.1000
f 415.956.1008
Lieff Cabraser Heimann & Bernstein, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
www.lieffcabraser.com

From: Maute, Jeana Bisnar [mailto:[e-mail]]
Sent: Wednesday, October 07, 2015 11:02 PM
To: Rudolph, David T.; Jessen, Joshua A.; Chorba, Christopher; Rogers, Ashley; Rajagopalan, Priyanka
Cc: Sobol, Michael W.; Diamand, Nicholas; Gardner, Melissa; '[e-mail]'; 'Allen Carney ([e-mail])
([e-mail])'; '[e-mail]'
Subject: RE: Campbell v. Facebook

David, as I noted in my email last week, we have identified a set of documents that contain a number of very close (but
not exact) duplicates. Specifically, we have identified several hundred versions of an email that is duplicative of a
document we have already produced to Plaintiffs; the only difference among the versions is that they reflect
approximately 900 different recipients. Consistent with our previous practice in this case, we planned to produce all
copies of this email message, since they are not exact duplicates. But Plaintiffs recently complained about receiving
near-duplicate documents. Given these complaints, one alternative is that we can provide a list of all recipients of this
document, along with an additional copy. We will plan to proceed in that fashion unless you want all duplicate
copies. Please let us know by close of business tomorrow. If we do not hear from you by then, we will produce a list of
all recipients along with a single copy of the document.
Thanks,
Jeana Bisnar Maute

GIBSON DUNN
Gibson, Dunn & Crutcher LLP
1881 Page Mill Road, Palo Alto, CA 94304-1211
Tel [phone] • Fax [phone]
[e-mail] • www.gibsondunn.com
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From: Maute, Jeana Bisnar
Sent: Wednesday, October 07, 2015 10:07 AM
To: 'Rudolph, David T.'; Jessen, Joshua A.; Chorba, Christopher; Rogers, Ashley; Rajagopalan, Priyanka
Cc: Sobol, Michael W.; Diamand, Nicholas; Gardner, Melissa; '[e-mail]'; 'Allen Carney ([e-mail])
([e-mail])'; '[e-mail]'
Subject: RE: Campbell v. Facebook

Hi David. My email speaks for itself, and we reject your attempt to misstate it.
Thanks,
Jeana Bisnar Maute

GIBSON DUNN
Gibson, Dunn & Crutcher LLP
1881 Page Mill Road, Palo Alto, CA 94304-1211
Tel [phone] • Fax [phone]
[e-mail] • www.gibsondunn.com

From: Rudolph, David T. [mailto:[e-mail]]
Sent: Monday, October 05, 2015 4:24 PM
To: Maute, Jeana Bisnar; Jessen, Joshua A.; Chorba, Christopher; Rogers, Ashley; Rajagopalan, Priyanka
Cc: Sobol, Michael W.; Diamand, Nicholas; Gardner, Melissa; '[e-mail]'; 'Allen Carney ([e-mail])
([e-mail])'; '[e-mail]'
Subject: RE: Campbell v. Facebook

Jeana,
Thank you for your email informing us that Facebook was unable to substantially complete its production by September
30. As Facebook based its opposition to our motion to extend in part on the representation it would do so, we reserve
the right to call the delinquent production to the Court's attention, as circumstances may warrant.
David T. Rudolph
Of Counsel
[e-mail]
t 415.956.1000
f 415.956.1008
Lieff Cabraser Heimann & Bernstein, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
www.lieffcabraser.com

From: Maute, Jeana Bisnar [mailto:[e-mail]]
Sent: Friday, October 02, 2015 3:47 PM
To: Rudolph, David T.; Jessen, Joshua A.; Chorba, Christopher; Rogers, Ashley; Rajagopalan, Priyanka
Cc: Sobol, Michael W.; Diamand, Nicholas; Gardner, Melissa; '[e-mail]'; 'Allen Carney ([e-mail])
([e-mail])'; '[e-mail]'
Subject: RE: Campbell v. Facebook

Thank you for your email, David. In our view, Facebook’s production is substantially complete. We anticipate making
one additional production by the end of next week. We are still working through a set of documents, many of which are
very close (but not exact) duplicates, and therefore the production next week will likely be larger in volume than in
substance, but we have not yet completed that review. And, of course, if we become aware of additional relevant, nonprivileged documents, we will produce them.
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Thanks,
Jeana Bisnar Maute

GIBSON DUNN
Gibson, Dunn & Crutcher LLP
1881 Page Mill Road, Palo Alto, CA 94304-1211
Tel [phone] • Fax [phone]
[e-mail] • www.gibsondunn.com

From: Rudolph, David T. [mailto:[e-mail]]
Sent: Thursday, October 01, 2015 1:46 PM
To: Jessen, Joshua A.; Chorba, Christopher; Maute, Jeana Bisnar; Rogers, Ashley; Rajagopalan, Priyanka
Cc: Sobol, Michael W.; Diamand, Nicholas; Gardner, Melissa; '[e-mail]'; 'Allen Carney ([e-mail])
([e-mail])'; '[e-mail]'
Subject: Campbell v. Facebook

Counsel,
In Facebook’s opposition to Plaintiffs’ motion for an extension of the briefing deadlines, you represented to the Court
that Facebook expected to substantially complete its production by September 30. Yesterday (September 30) we did
not receive any further document production from Facebook. On September 29, we received a production of
approximately 150 documents (a large proportion of which appears to be a small number of documents produced in
multiple duplicates).
Please confirm whether Facebook’s position is that its document production is substantially complete. If not, please
provide us a date certain when the production will be substantially complete.
Thank you.
David T. Rudolph
Of Counsel
[e-mail]
t 415.956.1000
f 415.956.1008
Lieff Cabraser Heimann & Bernstein, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
www.lieffcabraser.com

This message is intended for the named recipients only. It may contain information protected by the attorneyclient or work-product privilege. If you have received this email in error, please notify the sender immediately
by replying to this email. Please do not disclose this message to anyone and delete the message and any
attachments. Thank you.
This message may contain confidential and privileged information. If it has been sent to you in error, please
reply to advise the sender of the error and then immediately delete this message.

This message is intended for the named recipients only. It may contain information protected by the attorney3

client or work-product privilege. If you have received this email in error, please notify the sender immediately
by replying to this email. Please do not disclose this message to anyone and delete the message and any
attachments. Thank you.
This message is intended for the named recipients only. It may contain information protected by the attorneyclient or work-product privilege. If you have received this email in error, please notify the sender immediately
by replying to this email. Please do not disclose this message to anyone and delete the message and any
attachments. Thank you.

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