Campbell et al v. Facebook Inc.

Filing 138

MOTION to Certify Class filed by Matthew Campbell, Michael Hurley. Motion Hearing set for 3/16/2016 09:00 AM in Courtroom 3, 3rd Floor, Oakland before Hon. Phyllis J. Hamilton. Responses due by 1/15/2016. Replies due by 2/19/2016. (Attachments: # 1 Declaration of Michael W. Sobol, # 2 Declaration of Hank Bates, # 3 Declaration of David T. Rudolph, # 4 Declaration of Melissa Gardner, # 5 Proposed Order)(Sobol, Michael) (Filed on 11/13/2015)

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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,
Plaintiffs,

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DECLARATION OF DAVID T. RUDOLPH IN
SUPPORT OF PLAINTIFFS’ MOTION FOR
CLASS CERTIFICATION

v.
FACEBOOK, INC.,

Case No. 4:13-cv-05996-PJH (MEJ)

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Defendant.

Date:
Time:
Judge:
Place:

March 16, 2016
9:00 a.m.
Hon. Phyllis J. Hamilton
Courtroom 3, 3rd Floor

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DECLARATION OF DAVID T. RUDOLPH
CASE NO. 4:13-CV-05996-PJH (MEJ)

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I, David T. Rudolph, hereby declare:

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1.

I am a member in good standing of the California State Bar and Of Counsel 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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motion for class certification.

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2.

As explained in my declaration previously submitted in support of Plaintiffs’

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motion for an extension of the class certification filing deadlines (Dkt. No 109), Facebook

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significantly delayed providing relevant discovery in this matter, thereby prejudicing Plaintiffs’

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ability to prepare their motion for class certification as well as their opposition to Facebook’s

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anticipated early motion for summary judgment. As noted in that declaration, Facebook delayed

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production of its source code by over five months (id. at ¶¶ 7-17), and had failed to produce a

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significant number of documents responsive to Plaintiffs’ document requests served eight months

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earlier (id. at ¶¶ 18-22).

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3.

In response to Plaintiffs’ motion for an extension, Facebook represented to the

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Court that it intended to substantially complete its document production by September 30, 2015.

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However, as explained in the declaration of Michael Sobol in support of Plaintiffs’ renewed

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motion to continue the class certification and summary judgment deadlines (Dkt. No. 134),

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Facebook’s production was not substantially complete, in fact as of that date (October 29, 2015),

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Facebook had produced 43 percent of its total document production after its stated deadline of

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September 30. Id. at ¶¶ 4-5.

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4.

On November 3, 2015, this Court largely denied Facebook’s appeal of Judge

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James’s discovery order requiring Facebook to produce documents related to damages, and

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ordered Facebook to produce responsive documents by Friday, November 6, 2015. Dkt. No 136.

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5.

On Saturday, November 7, 2015 Facebook produced two tranches of documents.

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The first tranche, produced in the morning, totaled approximately 1,500 pages. The second

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tranche, produced in the afternoon, totaled over 11,000 pages. This document production—

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DECLARATION OF DAVID T. RUDOLPH
CASE NO. 4:13-CV-05996-PJH (MEJ)

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provided less than a week prior to the filing deadline for Plaintiffs’ class certification—

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represented over 40 percent of Facebook’s total document production to date.

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6.

Many of these documents are large, complex, and highly detailed spreadsheets

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containing financial and user engagement data for Facebook dating back a number of years.

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Plaintiffs are still in the process of reviewing and analyzing these documents as of the filing of

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this declaration.

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7.

The following chart provides the dates of Facebook’s document productions thus

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far in this action, as well as the number of documents and total pages in each production. As this

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chart demonstrates, more than 70 percent of Facebook’s total document production by page

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count (and more than 66 percent by document count) was made after the September 30

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deadline that Facebook represented would be the date for substantial completion of its document

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production.
Production no.

Date

Production 1
Production 2
Production 3.1
Production 3.2
Production 4
Production 5
Production 6
Production 7
Production 8
Production 9
Production 10
Production 11
Production 12
Production 13
Production 14
Production 15
Production 16
Production 17

2/13/2015
4/01/2015
6/02/2015
6/02/2015
6/30/2015
7/03/2015
7/22/2015
8/03/2015
8/20/2015
9/01/2015
9/18/2015
9/23/2015
9/29/2015
10/13/2015
10/28/2015
11/3/2015
11/7/2015
11/7/2015

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Number of
Documents
6
86
310
1
1
601
244
82
188
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126
97
151
1404
514
67
885
938

Number of Pages
65
359
1,198
17
32
2,374
806
235
489
673
538
531
614
2,653
3,292
370
1,575
11,220

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I declare under penalty of perjury that the foregoing is true and correct and that this
declaration was signed in San Francisco, California, on November 13, 2015.

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Dated: November 13, 2015

By:

/s/ David T. Rudolph
David T. Rudolph

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DECLARATION OF DAVID T. RUDOLPH
CASE NO. 4:13-CV-05996-PJH (MEJ)

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ATTESTATION
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: November 13, 2015

/s/ Michael W. Sobol
Michael W. Sobol

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DECLARATION OF DAVID T. RUDOLPH
CASE NO. 4:13-CV-05996-PJH (MEJ)