Campbell et al v. Facebook Inc.

Filing 159

EXHIBITS re 149 Opposition/Response to Motion,,,,, filed byFacebook Inc.. (Attachments: # 1 Chorba Decl. - Exhibit L (filed under seal), # 2 Chorba Decl. - Exhibit M (filed under seal), # 3 Chorba Decl. - Exhibit N (filed under seal), # 4 Chorba Decl. - Exhibit O (filed under seal), # 5 Chorba Decl. - Exhibit P (filed under seal), # 6 Chorba Decl. - Exhibit Q (filed under seal), # 7 Chorba Decl. - Exhibit R (Redacted), # 8 Chorba Decl. - Exhibit S (filed under seal), # 9 Chorba Decl. - Exhibit T (filed under seal), # 10 Chorba Decl. - Exhibit U (filed under seal), # 11 Chorba Decl. - Exhibit V (filed under seal), # 12 Chorba Decl. - Exhibit W (Redacted), # 13 Chorba Decl. - Exhibit X)(Related document(s) 149 ) (Chorba, Christopher) (Filed on 1/16/2016)

EXHIBIT X84

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GIBSON, DUNN & CRUTCHER LLP
JOSHUA A. JESSEN, SBN 222831
[e-mail]
JEANA BISNAR MAUTE, SBN 290573
[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
GAIL E. LEES, SBN 90363
[e-mail]
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 DIVISION

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MATTHEW CAMPBELL, MICHAEL
HURLEY, and DAVID SHADPOUR,
Plaintiffs,

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v.
FACEBOOK, INC.,

Case No. C 13-05996 PJH (MEJ)
PUTATIVE CLASS ACTION
DEFENDANT FACEBOOK, INC.’S
RESPONSES AND OBJECTIONS TO
PLAINTIFFS’ FIRST SET OF REQUESTS
FOR ADMISSION

Defendant.

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Gibson, Dunn &
Crutcher LLP

DEFENDANT FACEBOOK, INC.’S RESPONSES AND OBJECTIONS TO
PLAINTIFFS’ FIRST SET OF REQUESTS FOR ADMISSION
Case No. C 13-05996 PJH (MEJ)

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Defendant Facebook, Inc. (“Defendant” or “Facebook”), by and through its attorneys, and

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pursuant to Rules 26 and 36 of the Federal Rules of Civil Procedure, the Local Civil Rules of the U.S.

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District Court for the Northern District of California, the Court orders in this action, and the parties’

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agreements and conferences among counsel, provides the following responses and objections to

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Plaintiffs’ First Set of Requests for Admission (each, a “Request,” collectively the “Requests”).

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OBJECTIONS TO DEFINITIONS

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1.

Facebook objects to Plaintiffs’ definition and use of the terms “You” or “Your” as

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vague, ambiguous, overly broad, and unduly burdensome to the extent the terms are meant to include

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“directors, officers, employees, partners, members, representatives, agents (including attorneys,

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accountants, consultants, investment advisors or bankers), and any other person purporting to act on

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[Facebook, Inc.’s] behalf. . . . parents, subsidiaries, affiliates, predecessor entities, successor entities,

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divisions, departments, groups, acquired entities and/or related entities or any other entity acting or

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purporting to act on its behalf” over which Facebook exercises no control, and to the extent that

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Plaintiffs purport to use these terms to impose obligations that go beyond the requirements of the

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Federal and Local Rules.

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OBJECTION TO PURPORTED “RELEVANT TIME PERIOD”

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Facebook objects to Plaintiffs’ proposed “Relevant Time Period” (September 26, 2006

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through the present) because it substantially exceeds the proposed class period identified in Plaintiffs’

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Consolidated Amended Complaint, does not reflect the time period that is relevant to Plaintiffs’

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claims in this action, and renders the Requests overly broad, unduly burdensome, and irrelevant.

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Unless otherwise specified, and pursuant to the agreement of the parties, Facebook’s Responses to

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these Requests will be limited to information generated between April 1, 2010 and December 30,

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2013.

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SPECIFIC RESPONSES AND OBJECTIONS TO REQUESTS FOR ADMISSIONS
REQUEST FOR ADMISSION NO. 1:
Admit that You have never had “a dedicated team of privacy professionals,” as that term
appears in Your 2012 Form 10-K and Your 2013 Form 10-K.

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Gibson, Dunn &
Crutcher LLP

DEFENDANT FACEBOOK, INC.’S RESPONSES AND OBJECTIONS TO
PLAINTIFFS’ FIRST SET OF REQUESTS FOR ADMISSION
Case No. C 13-05996 PJH (MEJ)

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RESPONSE TO REQUEST FOR ADMISSION NO. 1:
Facebook restates and incorporates its Objections to Definitions and its Objection to the

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Purported “Relevant Time Period” as though fully set forth in this Response. Subject to and without

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waiving the foregoing objections, Facebook denies this Request.

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DATED: June 29, 2015

GIBSON, DUNN & CRUTCHER LLP
By:

/s/
Joshua A. Jessen

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Attorney for Defendant FACEBOOK, INC.

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Gibson, Dunn &
Crutcher LLP

DEFENDANT FACEBOOK, INC.’S RESPONSES AND OBJECTIONS TO
PLAINTIFFS’ FIRST SET OF REQUESTS FOR ADMISSION
Case No. C 13-05996 PJH (MEJ)

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PROOF OF SERVICE
I, Ashley M. Rogers, declare as follows:
I am employed in the County of Santa Clara, State of California, I am over the age of eighteen
years and am not a party to this action; my business address is 1881 Page Mill Road, Palo Alto, CA
94304-1211, in said County and State. On June 29, 2015, I served the following document(s):
DEFENDANT FACEBOOK, INC.’S RESPONSES AND OBJECTIONS TO
PLAINTIFFS’ FIRST SET OF REQUESTS FOR ADMISSION
on the parties stated below, by the following means of service:
David F. Slade
[e-mail]
James Allen Carney
[e-mail]
Joseph Henry Bates, III
Carney Bates & Pulliam, PLLC
[e-mail]
Jeremy A. Lieberman
Pomerantz Grossman Hufford Dahlstrom & Gross LLP
[e-mail]
Melissa Ann Gardner
[e-mail]
Nicholas Diamand
[e-mail]
Rachel Geman
[e-mail]
Michael W. Sobol
Lieff Cabraser Heimann & Bernstein, LLP
[e-mail]
Jon A Tostrud
Tostrud Law Group, P.C.
[e-mail]
Lionel Z. Glancy
Glancy Binkow & Goldberg LLP
[e-mail]

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Gibson, Dunn &
Crutcher LLP

DEFENDANT FACEBOOK, INC.’S RESPONSES AND OBJECTIONS TO
PLAINTIFFS’ FIRST SET OF REQUESTS FOR ADMISSION
Case No. C 13-05996 PJH (MEJ)

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

BY ELECTRONIC SERVICE: On the above-mentioned date, based on a court order or
an agreement of the parties to accept service by electronic transmission, I caused the
documents to be sent to the persons at the electronic notification addresses as shown
above.

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

I am employed in the office of Joshua A. Jessen and am a member of the bar of this court.

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

I declare under penalty of perjury that the foregoing is true and correct.

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Executed on June 29, 2015.

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/s/
Ashley M. Rogers

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Gibson, Dunn &
Crutcher LLP

DEFENDANT FACEBOOK, INC.’S RESPONSES AND OBJECTIONS TO
PLAINTIFFS’ FIRST SET OF REQUESTS FOR ADMISSION
Case No. C 13-05996 PJH (MEJ)