Campbell et al v. Facebook Inc.

Filing 14

MOTION to Relate Case filed by Facebook Inc.. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(Jessen, Joshua) (Filed on 1/29/2014)

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GIBSON, DUNN & CRUTCHER LLP
JOSHUA A. JESSEN, SBN 222831
[e-mail]
JEANA BISNAR MAUTE, SBN 290573
[e-mail]
JESSICA S. OU, SBN 280534
[e-mail]
1881 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
GIBSON, DUNN & CRUTCHER LLP
CHRISTOPHER CHORBA, SBN 216692
[e-mail]
333 South Grand Avenue
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
FACEBOOK, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISON

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

First Filed Case: No. C 13-05996 PJH
Related Case:
No. C 14-00307 PSG
CLASS ACTION

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Plaintiffs,

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v.

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FACEBOOK, INC.’S ADMINISTRATIVE
MOTION TO RELATE CASES

FACEBOOK, INC.,

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Defendant.

The Honorable Phyllis J. Hamilton

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Gibson, Dunn &
Crutcher LLP

FACEBOOK, INC.’S ADMINISTRATIVE MOTION TO RELATE CASES
First Filed Case No. C 13-05996 PJH; Related Case No. C 14-00307 PSG

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Pursuant to Civil Local Rule 3-12(b), Facebook, Inc. (“Facebook”) respectfully submits this

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Administrative Motion to give notice of the following action: Shadpour v. Facebook, Inc., Case No.

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5:14-00307-PSG (“Shadpour”), filed in this District on January 21, 2014. Facebook brings the

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Shadpour filing to the Court’s attention because Shadpour is related to the above-captioned action,

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Campbell, et al. v. Facebook, Inc., Case No. 4:13-05996-PJH, under Local Rule 3-12. All parties to

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the Campbell and Shadpour cases have executed a stipulation agreeing that the cases are related and

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seeking a reassignment of the Shadpour case to this Court. That stipulation and a proposed order are

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being filed with this Motion.
I.

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INTRODUCTION

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On December 30, 2013, plaintiffs Matthew Campbell and Michael Hurley initiated this

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putative class action against Facebook, alleging violations of federal and state law in connection with

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the purported scanning of URLs in private messages between Facebook users.1 The Campbell

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Complaint alleges that Facebook scans users’ messages for URLs for the purpose of delivering

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targeted advertising and building user profiles.2
On January 21, 2014, three weeks after the Campbell Complaint was filed, plaintiff David

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Shadpour filed a separate putative class action in this District against Facebook predicated on

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substantially similar facts and substantive allegations, and asserting the same state law claims as the

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Campbell Complaint.3 Given the overlapping nature of the Campbell and Shadpour suits, an order

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relating the cases would avoid duplicative labor, the unnecessary expenditure of private and judicial

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resources, and the risk of inconsistent or conflicting rulings that might occur if the actions proceeded

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separately in different courts.

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II.

THE CAMPBELL AND SHADPOUR ACTIONS SHOULD BE RELATED

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Local Rule 3-12(a) provides that “[a]n action is related to another when: (1) [t]he actions

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Complaint (hereinafter, “Campbell Compl.”), attached as Exhibit A.

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Id. ¶¶ 6–7.

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3

Complaint, Shadpour v. Facebook, Inc., Case No. 5:14-00307-PSG (hereinafter, “Shadpour
Compl.”), attached as Exhibit B.

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Gibson, Dunn &
Crutcher LLP

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FACEBOOK, INC.’S ADMINISTRATIVE MOTION TO RELATE CASES
First Filed Case No. C 13-05996 PJH; Related Case No. C 14-00307 PSG

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concern substantially the same parties, property, transaction, or event; and (2) [i]t appears likely that

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there will be an unduly burdensome duplication of labor and expense or conflicting results if the

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cases are conducted before different Judges.” Under this standard, the Campbell and Shadpour

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actions are related because they involve substantially the same parties and events, and relation would

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create significant efficiencies while minimizing the likelihood of conflicting rulings.

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A.

The Actions Involve Substantially the Same Parties and Events
The Campbell Complaint and Shadpour Complaint each assert legal violations based on the

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same alleged conduct: the alleged scanning of URLs in private messages between Facebook users for

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the purpose of delivering targeted advertising and building user profiles. The allegations are more

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than similar. In fact, the complaints contain dozens of identical allegations, ranging from general

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background on data aggregation and Facebook’s business model, to the core conduct purportedly at

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issue in the cases. For example, both complaints allege, among other things:
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“When a user composes a Facebook message and includes a link to a third party website
(a ‘URL’), the Company scans the content of the Facebook message, follows the enclosed
link, and searches for information to profile the message-sender’s web activity.”4

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“Facebook performs this task to aggregate data on its users for purposes of advertising,
marketing and user profiling[.]”5



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“All of Facebook’s activities complained of herein are [allegedly] performed without
users’ consent.”6

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Similarly, in alleging lack of consent for this purported conduct, both complaints quote identical

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excerpts from numerous Facebook web pages, including portions of the “Help Center,”7 “Data Use

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Policy,”8 and “Statement of Rights and Responsibilities.”9 The two actions thus concern the same

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See Campbell Compl. ¶ 5; Shadpour Compl. ¶ 6.

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See Campbell Compl. ¶ 50; Shadpour Compl. ¶ 43.

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See Campbell Compl. ¶ 9; Shadpour Compl. ¶ 9.

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See Campbell Compl. ¶¶ 38, 43; Shadpour Compl. ¶¶ 31, 36.

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See Campbell Compl. ¶¶ 83–84; Shadpour Compl. ¶¶ 65–66.

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See Campbell Compl. ¶¶ 80–81; Shadpour Compl. ¶¶ 62–63.

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Crutcher LLP

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FACEBOOK, INC.’S ADMINISTRATIVE MOTION TO RELATE CASES
First Filed Case No. C 13-05996 PJH; Related Case No. C 14-00307 PSG

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alleged transactions or events.
Both cases also concern substantially the same parties. Facebook is the sole defendant in each

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case, and the named plaintiffs in each case seek to represent almost identical proposed classes.10

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Additionally, plaintiffs allege overlapping causes of action and seek substantially the same relief.

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Both complaints allege violations of California Penal Code § 630, et seq.,11 as well as unlawful,

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unfair, and fraudulent conduct in alleged violation of California’s Unfair Competition Law, Cal. Bus.

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& Prof. Code § 17200, et seq.12 For these alleged violations, both complaints request declaratory

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relief, preliminary and permanent injunctive relief, and monetary damages.13

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B.

Relation Will Avoid Duplication of Labor and Prevent Conflicting Results
Because these actions involve the same alleged factual events and allege overlapping claims,

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relation will prevent “unduly burdensome duplication of labor and expense or conflicting results” that

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could occur if the cases are “conducted before different Judges.” See Civ. L.R. 3-12(a)(2).

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Conducting these two virtually identical cases before two different judges would be a tremendous

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waste of the resources of both the parties and the Court. Relating these cases also will reduce the risk

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of inconsistent or conflicting rulings with respect to the legal issues framed by both complaints.

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See Campbell Compl. ¶ 91; Shadpour Compl. ¶ 69.

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See Campbell Compl. ¶¶ 123–51; Shadpour Compl. ¶¶ 78–86.

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See Campbell Compl. ¶¶ 152–58; Shadpour Compl. ¶¶ 87–93. The Campbell Complaint also
asserts an alleged violation of the Electronic Communications Privacy Act (18 U.S.C. § 2510 et
seq.).

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See Campbell Compl. at pp. 33–34; Shadpour Compl. at p. 24.

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FACEBOOK, INC.’S ADMINISTRATIVE MOTION TO RELATE CASES
First Filed Case No. C 13-05996 PJH; Related Case No. C 14-00307 PSG

III.

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CONCLUSION

For the foregoing reasons, Facebook respectfully requests that this Court grant its motion and

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sign the proposed order attached to the parties’ stipulation relating the Shadpour action to the

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Campbell action.

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Respectfully submitted,
DATED: January 29, 2014

GIBSON, DUNN & CRUTCHER LLP

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By:

/s/
JOSHUA A. JESSEN

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Attorneys for Defendant
FACEBOOK, INC.

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FACEBOOK, INC.’S ADMINISTRATIVE MOTION TO RELATE CASES
First Filed Case No. C 13-05996 PJH; Related Case No. C 14-00307 PSG

CERTIFICATE OF SERVICE
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I, Jeana Bisnar Maute, declare as follows:

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I am employed in the County of Santa Clara, State of California; I am over the age of eighteen

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years and am not a party to this action; my business address is 1881 Page Mill Road, Palo Alto, CA

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94304-1211, in said County and State. On January 29, 2014, I served the following document(s):

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FACEBOOK, INC.’S ADMINISTRATIVE MOTION TO RELATE CASES

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on all counsel of record in the actions stated below, by the following means of service:

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Campbell, et al. v. Facebook, Inc., No. 4:13-cv-05996-PJH

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Michael W. Sobol
Melissa Ann Gardner
Lieff Cabraser Heimann Bernstein, LLP
Embarcadero Center West
275 Battery St., 29th Flr.
San Francisco, CA 94111
415-956-1000
Fax: [phone]
Email: [e-mail]
[e-mail]
Attorney for Plaintiffs Campbell and Hurley
VIA ECF

Rachel Geman
Nicholas Diamand
Lieff Cabraser Heimann & Bernstein, LLP
250 Hudson Street, 8th Floor
New York, NY 10013-1413
[phone]
Fax: [phone]
Email: [e-mail]
Attorney for Plaintiffs Campbell and Hurley
VIA ECF

Hank Bates
Allen Carney
David F. Slade
Carney Bates and Pulliam, PLLC
11311 Arcade Drive, Suite 200
Little Rock, AR 72212
501-312-8500
Fax: [phone]
Email: [e-mail]
Attorney for Plaintiffs Campbell and Hurley
VIA ECF

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Gibson, Dunn &
Crutcher LLP

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FACEBOOK, INC.’S ADMINISTRATIVE MOTION TO RELATE CASES
First Filed Case No. C 13-05996 PJH; Related Case No. C 14-00307 PSG

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Shadpour v. Facebook, Inc., No. 5:14-cv-00307-PSG

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Lionel Z. Glancy
Glancy Binkow & Goldberg LLP
1925 Century Park East
Suite 2100
Los Angeles, CA 90067-2722
310-201-9150
Fax: [phone]
Email: [e-mail]
VIA EMAIL AND U.S. MAIL

Lesley F. Portnoy
Jeremy A. Lieberman
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, New York 10016
Telephone: [phone]
Facsimile: 212-661-8665
[e-mail]
[e-mail]
VIA EMAIL AND U.S. MAIL

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Patrick V. Dahlstrom
POMERANTZ LLP
10 South La Salle Street, Suite 3505
Chicago, Illinois 60603
Telephone: [phone]
Facsimile: [phone]
[e-mail]
VIA EMAIL AND U.S. MAIL

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BY UNITED STATES MAIL: I placed a true copy in a sealed envelope or package addressed to the persons as
indicated above, on the above-mentioned date, and placed the envelope for collection and mailing, following our
ordinary business practices. I am readily familiar with this firm's practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited
with the U.S. Postal Service in the ordinary course of business in a sealed envelope with postage fully prepaid. I am
aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is
more than one day after date of deposit for mailing set forth in this declaration.
I am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the
mail at Palo Alto, California.
BY ELECTRONIC SERVICE: On the above-mentioned date, I caused the documents to be sent to the persons at
the electronic notification addresses as shown above.

I certify under penalty of perjury that the foregoing is true and correct, that the foregoing
document(s) were printed on recycled paper, and that this Certificate of Service was executed by the
undersigned on January 29, 2014.

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/s/ Jeana Bisnar Maute
Jeana Bisnar Maute

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Gibson, Dunn &
Crutcher LLP

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FACEBOOK, INC.’S ADMINISTRATIVE MOTION TO RELATE CASES
First Filed Case No. C 13-05996 PJH; Related Case No. C 14-00307 PSG