Campbell et al v. Facebook Inc.

Filing 149

RESPONSE (re 138 MOTION to Certify Class ) Opposition to Plaintiffs Motion for Class Certification (Redacted) filed byFacebook Inc.. *** ATTACHMENTS 1, 7 LOCKED AT FILER'S REQUEST. SEE DOCUMENT 162 *** (Attachments: # 1 Declaration Declaration of Christopher Chorba In Support of Defendant Facebook, Inc.s Opposition to Plaintiffs Motion for Class Certification (Redacted), # 2 Declaration Declaration of Alex Himel In Support of Defendant Facebook, Inc.s Opposition to Plaintiffs Motion for Class Certification (Redacted), # 3 Declaration Declaration of Dan Fechete In Support of Defendant Facebook, Inc.s Opposition to Plaintiffs Motion for Class Certification (Redacted), # 4 Exhibit Expert Report of Dr. Benjamin Goldberg (Redacted), # 5 Exhibit Exhibit BBB to Expert Report of Dr. Benjamin Goldberg, # 6 Exhibit Exhibit CCC to Expert Report of Dr. Benjamin Goldberg, # 7 Exhibit Expert Report of Dr. Catherine Tucker (Redacted), # 8 Exhibit Exhibit DDD to Expert Report of Dr. Catherine Tucker, # 9 Exhibit Exhibit EEE - Expert Report of Dr. Catherine Tucker, # 10 Exhibit Exhibit FFF - Expert Report of Dr. Catherine Tucker, # 11 Exhibit Exhibit GGG - Expert Report of Dr. Catherine Tucker, # 12 Exhibit Exhibit HHH - Expert Report of Dr. Catherine Tucker, # 13 Exhibit Exhibit III - Expert Report of Dr. Catherine Tucker, # 14 Exhibit Exhibit JJJ - Expert Report of Dr. Catherine Tucker)(Chorba, Christopher) (Filed on 1/15/2016) Modified on 1/22/2016 (ewn, COURT STAFF). Modified on 1/22/2016 (vlkS, COURT STAFF).

EXHIBIT FFF

Exhibit FFF: Materials Considered
I.

Court Documents and Expert Reports

Consolidated Amended Class Action Complaint, Matthew Campbell, Michael Hurley, and David
Shadpour et al. v. Facebook, Inc., Case No. 4:13-cv-05996, United States District Court,
Northern District of California, April 25, 2014.
Defendant Facebook’s Inc.’s Second Supplemental Responses and Objections to Plaintiffs
Narrowed Second Set of Interrogatories, Matthew Campbell, Michael Hurley, and David
Shadpour v. Facebook, Inc., Case No. C 13-05996 PJH (MEJ), United States District Court,
Northern District of California, October 29, 2015.
Defendant Facebook’s Inc.’s Supplemental Responses and Objections to Plaintiffs First Set of
Interrogatories, Matthew Campbell, Michael Hurley, and David Shadpour v. Facebook, Inc.,
Case No. C 13-05996 PJH, United States District Court, Northern District of California,
September 8, 2015.
Defendant Facebook, Inc.’s Supplemental Responses and Objections to Plaintiffs’ Request for
Production Nos. 54, 55, and 57, Matthew Campbell, Michael Hurley, and David Shadpour v.
Facebook, Inc., Case No. C 13-05996 PJH (MEJ), United States District Court, Northern District
of California, October 28, 2015.
January 15, 2016, Declaration of Alex Himel.
January 15, 2016, Declaration of Chris Chorba.
January 15, 2016, Declaration of Dan Fechete.
January 15, 2016, Declaration of Michael Adkins.
Plaintiffs’ Motion for Class Certification, Matthew Campbell and Michael Hurley et al. v.
Facebook, Inc., Case No. C 13-05996 PJH, United States District Court, Northern District of
California, November 13, 2015.
Plaintiffs’ Supplemental Initial Disclosures Pursuant to Fed. R. Civ. P. 26(a)(1), Matthew
Campbell, Michael Hurley, and David Shadpour et al. v. Facebook, Inc., Case No. 4:13-cv05996-PJH, United States District Court, Northern District of California, April 27, 2015.
Report of Fernando Torres In Support of Plaintiffs’ Motion for Class Certification, Matthew
Campbell and Michael Hurley et al. v. Facebook, Inc., Case No. C 13-05996 PJH (MEJ), United
States District Court, Northern District of California, November 13, 2015.

FFF-1

Report of Jennifer Golbeck In Support of Plaintiffs’ Motion for Class Certification, Matthew
Campbell and Michael Hurley et al. v. Facebook, Inc., Case No. C 13-05996 PJH (MEJ), United
States District Court, Northern District of California, November 13, 2015.
Updated Report of Fernando Torres In Support of Plaintiffs’ Motion for Class Certification,
Matthew Campbell and Michael Hurley et al. v. Facebook, Inc., Case No. C 13-05996 PJH
(MEJ), United States District Court, Northern District of California, January 13, 2016.
II.

Bates Stamped Documents

FB000008505
FB000006178
FB000007286
FB000000298
FB000000166
FB000000163
FB000011715
FB000026793
FB000001454
CAMPBELL000004-5
CAMPBELL000007
CAMPBELL000010
CAMPBELL000014
CAMPBELL000021
CAMPBELL000029
CAMPBELL000038
CAMPBELL000052
CAMPBELL000075-77
CAMPBELL000089

FFF-2

CAMPBELL000110
CAMPBELL000160
CAMPBELL000168-70
CAMPBELL000184
CAMPBELL000452
HURLEY000001-3
III.

Depositions

John Orsi, III, August 10, 2015.
Michael D. Campbell, May 19, 2015.
Jennifer Golbeck, December 16, 2015.
Elisabeth Hartner, August 7, 2015.
Michael Hurley, July 9, 2015.
David Shadpour, October 1, 2015.
Fernando Torres, December 18, 2015.
Jeffrey Woodmansee, August 11, 2015.
IV.

Publicly Available

“Advertising Standards,” IRS, last updated 07-Jan-2016, https://www.irs.gov/uac/AdvertisingStandards, viewed January 15, 2016.
Brantley, Max, “Mark Darr’s Ethical Compass Fails Again,” August 30, 2013,
http://www.arktimes.com/ArkansasBlog/archives/2013/08/30/mark-darrs-ethical-compass-failsagain, viewed January 8, 2016.
Brock, Roby, “Bill Clinton to Give Little Rock Speech On Health Care Law,” Talk Business &
Politics, August 28, 2013, http://talkbusiness.net/2013/08/bill-clinton-to-give-little-rock-speechon-health-care-law/, viewed January 8, 2016.
Chieruzzi, Massimo, “Buying Facebook Likes Sucks, Here’s The Data To Prove It!,”
AdEspresso, November 19, 2014, https://adespresso.com/academy/blog/buy-facebook-likes/,
viewed December 12, 2015.

FFF-3

Choudary, Sangeet Paul, “The Rise of Social Graphs for Businesses,” Harvard Business Review,
February 2, 2015, https://hbr.org/2015/02/the-rise-of-social-graphs-for-businesses, viewed
January 6, 2016.
Clark, Lauren, “Bills Focused on Arkansas Oil and Gas Industry Review at Capitol,” THV11,
September 14, 2011, http://archive.thv11.com/news/article/149963/2/On-Assignment-Oil-andgas-bills-on-the-table-at-Capitol#, viewed January 6, 2016.
Delo, Cotton, “Facebook Launches New Retargeting Alternative to FBX: Targeting to Use
Tracking Software That Marketers Can Attach to Websites and Mobile Apps,” AdvertisingAge,
October 15, 2013, http://adage.com/article/digital/facebook-launches-retargeting-alternativefbx/244746/, viewed January 3, 2016.
Delo, Cotton, and Michael McCarthy, “GM Returns to Facebook Advertising after Public Split a
Year Ago,” AdvertisingAge, April 9, 2013, http://adage.com/article/digital/gm-returns-facebookadvertising-public-split/240785/, viewed January 3, 2016.
Edelman, David, and Brian Salsberg, “Beyond Paid Media: Marketing’s New Vocabulary,”
McKinsey&Company, November 2010,
http://www.mckinsey.com/insights/marketing_sales/beyond_paid_media_marketings_new_voca
bulary, viewed January 11, 2016.
Fisher, Max, “Why Australia Hates Halloween,” Vox, October 31, 2014,
http://www.vox.com/2014/10/31/7137369/why-australia-hates-halloween, viewed January 6,
2016.
Golbeck, Jennifer, “The Curly Fry Conundrum: Why Social Media ‘Likes’ Say More than You
Might Think,” TEDxMidAtlantic 2013,
https://www.ted.com/talks/jennifer_golbeck_the_curly_fry_conundrum_why_social_media_likes
_say_more_than_you_might_think, viewed December 11, 2015.
Greg Leding: Join Our Mailing List,
https://web.archive.org/web/20110715232729/http://gregleding.com/, viewed January 15, 2016.
He, Ray C., “Introducing New Like and Share Buttons,” Facebook for Developers, November 6,
2013, https://developers.facebook.com/blog/post/2013/11/06/introducing-new-like-and-sharebuttons/, viewed December 11, 2015.
Home: Old South Church, http://oldsouth.org, viewed January 11, 2016.
Jack, Tyler, “Let’s Help Chad Watkins with Legal Fees!” FundRazr,
https://fundrazr.com/campaigns/9fHh3/ab/92V1Z1, viewed January 8, 2016.

FFF-4

Lafferty, Justin, “Yahoo Ends Social Bar, Cutting off Facebook Integration,” October 4, 2013,
http://www.adweek.com/socialtimes/yahoo-social-bar-cutting-off-facebook-integration/296317,
viewed January 8, 2016.
Lewis, Randall A., and Justin M. Rao, “The Unfavorable Economics of Measuring the Returns to
Advertising,” The Quarterly Journal of Economics, first published online July 6, 2015
doi:10.1093/qje/qjv023.
McClain, Dylan Loeb, “Good at Chess? A Hedge Fund May Want to Hire You,” The New York
Times, September 29, 2011,
https://web.archive.org/web/20110930171014/http://dealbook.nytimes.com/2011/09/29/good-atchess-a-hedge-fund-may-want-to-hire-you/, viewed December 11, 2015.
Reynolds, Helen, “How to Respond When Rumours Start to Spread on Facebook,” The
Guardian, May 14, 2014, http://www.theguardian.com/local-governmentnetwork/2014/may/14/how-to-respond-when-rumours-spread-on-facebook, viewed December
11, 2015.
Steinhauer, Jennifer, and Carl Hulse, “Vote on Boehner Plan Delayed Amid Opposition,” The
New York Times, July 26, 2011,
https://web.archive.org/web/20110825191937/http://www.nytimes.com/2011/07/27/us/politics/2
7fiscal.html, viewed January 6, 2016.
Trust, Gary, “Ask Billboard: How Does the Hot 100 Work?” Billboard, September 29, 2013,
http://www.billboard.com/articles/columns/ask-billboard/5740625/ask-billboard-how-does-thehot-100-work, viewed December 11, 2015.
Weigley, Samuel, “10 Web Sites Where Surfers Spend the Most Time,” USA Today, March 9,
2013, http://www.usatoday.com/story/money/business/2013/03/09/10-web-sites-mostvisited/1970835/, viewed January 8, 2016.
“2015 Fab 15 Toys,” Kmart, http://www.kmart.com/en_us/dap/fab-15-toys.html, viewed January
3, 2016.
“Amniotic Band Syndrome,” Fetal Health Foundation,
https://web.archive.org/web/20150910004526/http://www.fetalhealthfoundation.org/amnioticband-syndrome/, viewed January 6, 2016.
“Behind Kmart’s Fab 15 List: How We Identify Hot Toy Trends,” SEARS HOLDINGS: SHC
Speaks, September 24, 2014, http://blog.searsholdings.com/inside-shc/behind-kmarts-fab-15-listhow-we-identify-hot-toy-trends/, viewed on January 15, 2016.

FFF-5

“The Best WordPress Facebook Widgets,” Elegant Themes Blog, January 15, 2015,
https://www.elegantthemes.com/blog/resources/the-best-wordpress-facebook-widgets, viewed
December 12, 2015.
“Buy Real Facebook Likes,” Buylikesandfollowers.net,
http://www.buylikesandfollowers.net/buy-facebook-likes-cheap.html, viewed December 12,
2015.
Events Insider, http://bostoneventsinsider.com/subscribe.html/, viewed December 17, 2015.
“Facebook Reports Second Quarter 2015 Results,” Facebook Investor Relations, July 29, 2015,
http://investor.fb.com/releasedetail.cfm?ReleaseID=924562, viewed January 3, 2016.
“Facebook Advertising Targeting Options,” Facebook for Business,
https://www.facebook.com/business/products/ads/ad-targeting/, viewed January 6, 2016.
“How Many Sites Have Facebook Integration? You’d Be Surprised,” Pingdom.com, June 18,
2012, http://royal.pingdom.com/2012/06/18/how-many-sites-have-facebook-integration-youdbe-surprised/, viewed December 11, 2015.
INTA Enforcement Committee: Discovery Practices & Procedures Subcommittee, “Wayback
Machine Memo,” November 2, 2009,
http://www.inta.org/Advocacy/Documents/INTAWaybackMachine2009.pdf.
“Joshua Mahar Photography,” Zenfolio, http://jmahar.zenfolio.com/we2011, viewed January 3,
2016.
“Like Button for the Web,” Facebook for Developers,
https://developers.facebook.com/docs/plugins/like-button, viewed December 12, 2015.
“More Matching Capabilities with Custom Audiences,” Facebook Marketing Partners,
November 30, 2015, https://facebookmarketingpartners.com/partner-news/more-matchingcapabilities-with-custom-audiences/, viewed January 3, 2016.
National Public Radio, Planet Money: “For $75, This Guy Will Sell You 1,000 Facebook
‘Likes,’” originally broadcast on May 16, 2012,
http://www.npr.org/sections/money/2012/05/16/152736671/this-guy-will-sell-you-sell-you-1000-facebook-likes, viewed December 12, 2015.
“New York Times Most Popular Articles,” The New York Times, http://www.nytimes.com/mostpopular, viewed December 11, 2015.
“NPR Bestseller List: Week of Oct. 1, 2015,” NPR,
http://www.npr.org/books/bestsellers/2015/week40/, viewed December 11, 2015.

FFF-6

“Privacy Policy,” The New York Times,
http://www.nytimes.com/content/help/rights/privacy/policy/privacy-policy.html, viewed January
11, 2016.
“The Real Reason the US Post Office is Going Bankrupt,” Realista, February 11, 2013,
http://www.realitista.com/post/42860370390/the-real-reason-the-us-post-office-is-going, viewed
January 3, 2016.
Restore the Fourth, http://restorethe4th.com/, viewed January 8, 2016.
Restore the Fourth,
https://web.archive.org/web/20151015204749/http://www.restorethefourth.net/, viewed January
6, 2016.
“Social Plugins,” Facebook for Developers, https://developers.facebook.com/docs/plugins,
viewed December 12, 2015.
“Targeting,” Facebook for Business, https://www.facebook.com/business/products/ads/adtargeting/, viewed January 6, 2016.
“The Thin Line between Liking a Brand and Liking Its Social Marketing,” eMarketer,
September 8, 2010, http://www.emarketer.com/Article.aspx?R=1007912, viewed January 8,
2016.
“Top Sites in United States,” Alexa, http://www.alexa.com/topsites/countries/US, viewed on
January 15, 2016.
Facebook post by Cassowary Coast Regional Council, December 1, 2013,
https://www.facebook.com/cassowarycoastregionalcouncil/posts/588646594521749, viewed
December 11, 2015.
Facebook Q2 2015 Results, Facebook Investor Relations, available at
http://investor.fb.com/results.cfm.
Facebook 10-Ks, 2012-2014.
Facebook 10-Qs, 2013-2015.
Amazon.com, viewed January 11, 2016.
Baidu.com, viewed January 11, 2016.
Google.com, viewed January 11, 2016.
Qq.com, viewed January 11, 2016.

FFF-7

Taobao.com, viewed January 11, 2016.
Twitter.com, viewed January 11, 2016.
Wikipedia.org, viewed January 11, 2016.
Yahoo.com, viewed January 11, 2016.
Youtube.com, viewed January 11, 2016.
V.

Articles and Books

Banerjee, Abhijit V., “A Simple Model of Herd Behavior,” Quarterly Journal of Economics,
Vol. 107, No. 3, August 1992, pp. 797-817.
“New York Times Most Popular Articles,” The New York Times, http://www.nytimes.com/mostpopular, viewed December 11, 2015.
Bikhchandani, Sushil, David Hirshleifer, and Ivo Welch, “A Theory of Fads, Fashion, Custom,
and Cultural Change as Informational Cascades,” Journal of Political Economy, Vol. 100, No. 5,
1992, pp. 992-1026.
Damodaran, Aswath, “Research and Development Expenses: Implications for Profitability
Measurement and Valuation,” NYU Stern School of Business,
http://people.stern.nyu.edu/adamodar/pdfiles/papers/R&D.pdf.
Friggeri, Adrien, et al, “Rumor Cascades,” Proceedings of the Eighth International AAAI
Conference on Weblogs and Social Media, 2014.
Ghose, Anindya, Panagiotis G. Ipeirotis, and Beibei Li, “Designing Ranking Systems for Hotels
on Travel Search Engines by Mining User-Generated and Crowdsourced Content, Marketing
Science, Vol. 31, No .3, May–June 2012, pp. 493-520.
Goldfarb, Avi, and Catherine Tucker, “Advertising Bans and the Substitutability of Online and
Offline Advertising,” Journal of Marketing Research, Vol. 48, No .2, 2011, pp. 207-227.
Greenstein, Shane M., Avi Goldfarb, and Catherine E. Tucker, editors, The Economics of
Digitization, Edward Elgar Publishing, 2013.
John, Leslie et al., “What are Facebook ‘Likes’ Really Worth?,” HBS Working Paper, 2015,
http://rady.ucsd.edu/docs/events/lesliejohn.pdf.
Mochon, Daniel, Karen Johnson, Janet Schwartz, and Dan Ariely, “How much is a like worth? A
field experiment of Facebook pages,” Tulane University Working Paper – Advances in
Consumer Research, vol. 42, 2015

FFF-8

Reilly, R. F. and R.P. Schweihs, Valuing Intangible Assets, McGraw Hill, 1999.
Resnick, Paul, and Hal R. Varian, “Recommender Systems,” Communications of the ACM, Vol.
40, No. 3, March 1997, pp. 1-3.
Smith, G.V. and R.L. Parr, Valuation of Intellectual Property and Intangible Assets, John Wiley
& Sons, 2000.
Torkjazi, Mojtaba, Reza Rejaie, and Walter Willinger, “Hot Today, Gone Tomorrow: On the
Migration of MySpace Users,” Proceedings of the 2nd ACM Workshop on Online Social
Networks, 2009.
Tucker, Catherine, “Social Advertising,” February 15, 2012, SSRN
(http://ssrn.com/abstract=1975897).
Tucker, Catherine E., “Social Networks, Personalized Advertising, and Privacy Controls,”
Journal of Marketing Research, Vol. 51, No. 5, 2014, pp. 546-562.
Tucker, Catherine, and Alexander Marthews, “Social Networks, Advertising, and Antitrust,”
George Mason Law Review, Vol. 19, 2012, pp. 1211-1227.
Tucker, Catherine, and Anja Lambrecht, “Can Big Data Protect a Firm from Competition?”
December 18, 2015, SSRN (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2705530).
Tucker, Catherine, and Juanjuan Zhang, “Growing Two-Sided Networks by Advertising the User
Base: A Field Experiment, Marketing Science, Vol. 29, No .5, 2010, pp. 805-814.
Tucker, Catherine, and Juanjuan Zhang, “How Does Popularity Information Affect Choices? A
Field Experiment,” Management Science, Vol. 57, No. 5, 2011, pp. 828-842.
Tucker, Catherine, Juanjuan Zhang, and Ting Zhu, “Days on Market and Home Sales,” The
RAND Journal of Economics, 2013.
Walsh, Toby, “Search in a Small World,” IJCAI, Vol. 99, 1999.

FFF-9