Campbell et al v. Facebook Inc.

Filing 143

MOTION for Leave to File Excess Pages for Facebook's Opposition to Plaintiffs' Motion for Class Certification filed by Facebook Inc.. (Attachments: # 1 Declaration of Christopher Chorba ISO Facebook's Administrative Motion to Enlarge Page Limit for Its Opposition to Plaintiffs' Motion for Class Certification, # 2 Proposed Order)(Jessen, Joshua) (Filed on 1/4/2016)

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GIBSON, DUNN & CRUTCHER LLP
JOSHUA A. JESSEN, SBN 222831
[e-mail]
JEANA BISNAR MAUTE, SBN 290573
[e-mail]
PRIYANKA RAJAGOPALAN, SBN 278504
[e-mail]
ASHLEY M. ROGERS, SBN 286252
[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,
Plaintiffs,
v.
FACEBOOK, INC.,
Defendant.

Case No. C 13-05996 PJH (MEJ)
DECLARATION OF CHRISTOPHER
CHORBA IN SUPPORT OF FACEBOOK,
INC.’S ADMINISTRATIVE MOTION TO
ENLARGE THE PAGE LIMIT FOR ITS
OPPOSITION TO PLAINTIFFS’ MOTION
FOR CLASS CERTIFICATION

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Gibson, Dunn &
Crutcher LLP

DECL. OF CHRISTOPHER CHORBA ISO ADMIN. MOT. TO ENLARGE PAGE LIMIT OF OPP. TO MOT.FOR CLASS CERTIF.
Case No. C 13-05996 PJH (MEJ)

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I, Christopher Chorba, declare and state:

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1.

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I am a partner at Gibson, Dunn & Crutcher LLP and counsel of record for Defendant

Facebook, Inc. (“Facebook”) in this action. The matters stated below are of my personal knowledge.
2.

On December 30, 2015, I contacted Plaintiffs’ counsel via email to request their

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consent to an enlargement of the page limit for Facebook’s Opposition to Plaintiffs’ Motion for Class

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Certification from 25 to 40 pages. I also indicated that Facebook would not oppose a corresponding

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(and proportional) enlargement for Plaintiffs’ Reply brief, from 15 to 24 pages. Counsel for

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Plaintiffs, Hank Bates, responded to my request via email on December 31, 2015, and stated that

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Plaintiffs would not agree to such a stipulation and were not amenable to Facebook’s request. Mr.

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Bates added that if Facebook’s request for additional pages were granted by the court, Plaintiffs

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would likewise seek a corresponding page extension for their reply.

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3.

A true and correct copy of my exchange with Mr. Bates is attached hereto as

Exhibit A.
I declare under the penalty of perjury under the laws of the State of California and the United
States that the foregoing is true and correct.
Executed this 4th day of January 2016, in Los Angeles, California.

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___________/s/________________

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Christopher Chorba

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ATTORNEY ATTESTATION
I, Joshua A. Jessen, attest that concurrence in the filing of this Declaration of Christopher

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Chorba has been obtained from the signatory. I declare under penalty of perjury under the laws of the

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United States of America that the foregoing is true and correct. Executed this 4th day of January,

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2016, in Irvine, California.

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Dated: January 4, 2016

/s/ Joshua A. Jessen
Joshua A. Jessen

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Gibson, Dunn &
Crutcher LLP

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DECL. OF CHRISTOPHER CHORBA ISO ADMIN. MOT. TO ENLARGE PAGE LIMIT OF OPP. TO MOT.FOR CLASS CERTIF.
Case No. C 13-05996 PJH (MEJ)

EXHIBIT A

Chorba, Christopher
From:
Sent:
To:
Cc:
Subject:

Hank Bates <[e-mail]>
Thursday, December 31, 2015 11:07 AM
Chorba, Christopher
Michael W. Sobol ([e-mail]); Allen Carney; Jessen, Joshua A.
Re: Class Cert. briefing

Chris,
We are not amenable to your request, as we made a significant effort to
stay within the Court’s page limitations. If you request additional pages
and the Court grants the extension we will seek an appropriate,
corresponding page extension.
Sent from my iPhone
On Dec 30, 2015, at 9:52 PM, Chorba, Christopher
<[e-mail]<mailto:[e-mail]>> wrote:
Counsel—We would like to request an additional 15 pages for our opposition
to your class cert. motion. We would, of course, agree to a proportional
extension to plaintiffs’ reply brief (which I believe would be an
additional 9 pages).
Please let us know if you agree, and we’ll prepare a stipulation for the
Court.
Thanks very much,
Chris
Christopher Chorba
GIBSON DUNN
Gibson, Dunn & Crutcher LLP
333 South Grand Avenue, Los Angeles, CA 90071-3197 Tel [phone] •
Fax [phone] [e-mail]<mailto:[e-mail]>
• www.gibsondunn.com<http://www.gibsondunn.com>
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