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 R
REDACTED VERSION OF DOCUMENT(S)
SOUGHT TO BE SEALED

Lieff Cabraser Heimann & Bernstein, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
t 415.956.1000
f 415.956.1008

April 10, 2015

VIA E-MAIL
Joshua Jessen, Esq.
Gibson, Dunn & Crutcher LLP
1881 Page Mill Road
Palo Alto, California 94304
Christopher Chorba, Esq.
Gibson, Dunn & Crutcher LLP
333 South Grand Avenue
Los Angeles, California 90071
RE:

Campbell v. Facebook, Inc., N.D. Cal. Case No. 13-cv-05996-PJH

Dear Josh:
I write in response to your April 7, 2015 letter regarding Plaintiffs’ interrogatory
responses.

Plaintiffs’ Responses to Interrogatory No. 3
As is evident from the responses themselves, Plaintiffs devoted significant time and
effort to providing detailed responses to Facebook’s Interrogatory No. 3. Indeed,
Mr. Campbell’s response contained
detailed entries listing the sender, recipient, date
and time, and URL associated with each Facebook message.
While Facebook’s demands for even more detailed information are burdensome and
harassing, in the interest of compromise Plaintiffs will provide more detailed information for the
senders and/or recipients of the relevant Facebook messages. While Plaintiffs will make every
effort to provide this information expeditiously, given the work-intensive nature of the
responses Facebook seeks and the numbers of senders and recipients involved, Plaintiffs cannot
commit to providing this information by a date certain of April 14.

Plaintiffs’ Responses to Interrogatory No. 5
Plaintiffs maintain their general and specific objections to this Interrogatory.
Additionally, Facebook’s demand for “all facts” is vague, overly broad, inherently burdensome,

San Francisco

New York

Nashville

www.lieffcabraser.com

Joshua Jessen, Esq.
Christopher Chorba, Esq.
April 10, 2015
Page 2
seeks irrelevant information, and is in principle unanswerable. See Haggarty v. Wells Fargo
Bank, N.A., No. 10-2416 CRB JSC, 2012 U.S. Dist. LEXIS 133375, at *2 (N.D. Cal. Sept. 18, 2012)
(“While contention interrogatories are permitted, they ‘are often overly broad and unduly
burdensome when they require a party to state ‘every fact' or ‘all facts' supporting identified
allegations or defenses.’”) (quoting Mancini v. Ins. Corp. of New York, No. 07-1750 L NLS,
2009 U.S. Dist. LEXIS 51321, at *9 (S.D. Cal. June 18, 2009)).
Subject to and without waiving these objections, Plaintiffs supplement their responses to
Facebook’s Interrogatory No. 5 as follows:
1.

2.

3.

Plaintiffs’ Responses to Facebook’s Contention Interrogatories (Interrogatory Nos. 6 & 7;
Plaintiff Campbell’s Responses to Interrogatory Nos. 9, 10, 11, 12 and 13; Plaintiff
Shadpour’s Responses to Interrogatory Nos. 9, 10, and 11)
We disagree with Facebook’s assertion that it is entitled to more detailed responses to its
contention interrogatories at this stage in the case, before any substantive discovery has taken
place. Given that Facebook has yet to produce a single non-public document or a single line of
source code, discovery in this case has only just begun and is nowhere near substantial, let alone
substantially complete. We agree that it is appropriate for the parties to meet and confer
regarding Plaintiffs’ responses to Facebook’s contention interrogatories. Please provide us times
during which you are available to meet and confer.

Joshua Jessen, Esq.
Christopher Chorba, Esq.
April 10, 2015
Page 3
Sincerely,

David T. Rudolph
DTR/wp
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