Campbell et al v. Facebook Inc.

Filing 17

STIPULATION AND ORDER REGARDING PLAINTIFFS' FILING OF CONSOLIDATED AMENDED COMPLAINT AND RELATED CASE DEADLINES AS MODIFIED BY THE COURT by Judge Phyllis J. Hamilton granting (16) Stipulation in case 4:13-cv-05996-PJH; granting (12) Stipulation in case 4:14-cv-00307-PJH (nahS, COURT STAFF) (Filed on 3/11/2014)

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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,

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Plaintiffs,
v.
FACEBOOK, INC.,

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Defendant.

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CLASS ACTION
STIPULATION AND [PROPOSED]
ORDER REGARDING PLAINTIFFS’
FILING OF CONSOLIDATED AMENDED
COMPLAINT AND RELATED CASE
DEADLINES
AS MODIFIED BY THE COURT
The Honorable Phyllis J. Hamilton

DAVID SHADPOUR, Individually and on
Behalf of All Others Similarly Situated,

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Case No. C 13-05996 PJH
Case No. C 14-00307 PJH

Plaintiffs,
v.
FACEBOOK, INC.,
Defendant.

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Gibson, Dunn &
Crutcher LLP

STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS’ FILING OF CONSOLIDATED AMENDED
COMPLAINT AND RELATED CASE DEADLINES, Case Nos. C 13-05996 PJH and 14-00307 PJH

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WHEREAS, on December 30, 2013, Plaintiffs Matthew Campbell and Michael Hurley filed
their Complaint in Case No. C 13-05996 PJH (Campbell Dkt. No. 1) (“Campbell”);
WHEREAS, on January 21, 2014, Plaintiff David Shadpour filed his Complaint in Case No.
C 14-00307 PSG (now Case No. C 14-00307 PJH) (Shadpour Dkt. No. 1) (“Shadpour”);
WHEREAS, on February 3, 2014, this Court related the Campbell and Shadpour actions
(Campbell Dkt. No. 15; Shadpour Dkt. No. 8);
WHEREAS, Defendant Facebook, Inc.’s (“Facebook”) current deadline to respond to the
Campbell Complaint is March 14, 2014 (Campbell Dkt. No. 13);
WHEREAS, Facebook’s current deadline to respond to the Shadpour Complaint is March 28,
2014 (Shadpour Dkt. No. 7);
WHEREAS, the Plaintiffs in Campbell (Matthew Campbell and Michael Hurley) and the
Plaintiff in Shadpour (David Shadpour) are referred to herein collectively as “Plaintiffs”;
WHEREAS, Plaintiffs intend to jointly file a motion to consolidate Campbell and Shadpour
and to appoint interim class counsel pursuant to Fed. R. Civ. P. 23(g) by March 21, 2014;

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WHEREAS, Plaintiffs intend to file a Consolidated Amended Complaint, which will

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supersede Plaintiffs’ existing Complaints in the Campbell and Shadpour actions, within 30 days of

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this Court’s order on Plaintiffs’ motion to consolidate Campbell and Shadpour and to appoint interim

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class counsel;

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WHEREAS, this Court previously scheduled an Initial Case Management Conference for the

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Campbell and Shadpour actions for April 3, 2014 at 2:00 p.m., with certain deadlines preceding the

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Case Management Conference as set forth in Campbell Dkt. No. 4 and Shadpour Dkt. No. 11: Meet

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and confer regarding initial disclosures, early settlement, ADR selection process, discovery plan, and

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ADR filings (March 13, 2014 – three weeks before the CMC) and the filing of a case management

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statement (March 27, 2014 – one week before the CMC);

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WHEREAS, in order to streamline the management of this case and maximize efficiency, the

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parties have conferred and agreed to stipulate to the deadlines for (1) Plaintiffs’ filing of their motion

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to consolidate Campbell and Shadpour and to appoint interim class counsel, (2) Plaintiffs’ filing of

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their Consolidated Amended Complaint, and (3) Facebook’s response to the Consolidated Amended
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Gibson, Dunn &
Crutcher LLP

STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS’ FILING OF CONSOLIDATED AMENDED
COMPLAINT AND RELATED CASE DEADLINES, Case Nos. C 13-05996 PJH and 14-00307 PJH

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Complaint; and
WHEREAS, the parties also have conferred and agreed that the April 3, 2014 Case

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Management Conference and the deadlines that precede it should be continued to a future date after

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Plaintiffs have filed their Consolidated Amended Complaint.

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between counsel, and
subject to the approval of this Court, that:
1.

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Plaintiffs shall jointly file a motion to consolidate Campbell and Shadpour and to
appoint interim class counsel pursuant to Fed. R. Civ. P. 23(g) by March 21, 2014;

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Plaintiffs shall file their Consolidated Amended Complaint within thirty (30) days of

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this Court’s order on Plaintiffs’ motion to consolidate Campbell and Shadpour and to

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appoint interim class counsel;

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3.

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Facebook shall have forty-five (45) days from the date Plaintiffs file their
Consolidated Amended Complaint to answer or otherwise respond to the Complaint;

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The March 14, 2014 deadline for Facebook to respond to the Campbell complaint and

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the March 28, 2014 deadline for Facebook to respond to the Shadpour complaint are

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vacated; and

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5.

The April 3, 2014 Initial Case Management Conference and the dates that precede it

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(as set forth in Campbell Dkt. No. 4 and Shadpour Dkt. No. 11) are continued to future

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dates. If Facebook files a motion to dismiss and/or strike Plaintiffs’ Consolidated

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Amended Complaint, a new date for the Case Management Conference will be addressed

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at the hearing on Facebook’s motion. Additionally, the pre-CMC deadlines set forth in

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Campbell Dkt. No. 4 and Shadpour Dkt. No. 11 are continued as follows: The

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existing March 13 deadlines are continued to 3 weeks before the date of the continued

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Case Management Conference, and the existing March 27 deadlines are continued to 1

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week before the date of the continued Case Management Conference.

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Respectfully submitted,

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Gibson, Dunn &
Crutcher LLP

DATED: March 6, 2014

GIBSON, DUNN & CRUTCHER LLP
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STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS’ FILING OF CONSOLIDATED AMENDED
COMPLAINT AND RELATED CASE DEADLINES, Case Nos. C 13-05996 PJH and 14-00307 PJH

By:

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/s/
JOSHUA A. JESSEN

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GIBSON, DUNN & CRUTCHER LLP

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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]

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Christopher Chorba, SBN 216692
[e-mail]
333 South Grand Avenue
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant FACEBOOK, INC.

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(Case No. C 13-05996 PJH)
(Case No. C 14-00307 PJH)

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DATED: March 6, 2014

LIEFF CABRASER HEIMANN & BERNSTEIN

By:

/s/
MICHAEL W. SOBOL

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LIEFF CABRASER HEIMANN & BERNSTEIN, LLP

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Michael W. Sobol (State Bar No. 194857)
[e-mail]
Melissa Gardner (State Bar No. 289096)
[e-mail]
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: [phone]
Facsimile: 415.956.1008

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Gibson, Dunn &
Crutcher LLP

Rachel Geman
[e-mail]
Nicholas Diamand
[e-mail]
250 Hudson Street, 8th Floor
New York, NY 10013-1413
Telephone: [phone]
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STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS’ FILING OF CONSOLIDATED AMENDED
COMPLAINT AND RELATED CASE DEADLINES, Case Nos. C 13-05996 PJH and 14-00307 PJH

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Facsimile: 212.355.9592

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CARNEY BATES & PULLIAM, PLLC

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Hank Bates (State Bar No. 167688)
[e-mail]
Allen Carney
[e-mail]
David Slade
[e-mail]
11311 Arcade Drive
Little Rock, AR 72212
Telephone: [phone]
Facsimile: 501.312.8505

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Attorneys for Plaintiffs MATTHEW CAMPBELL AND
MICHAEL HURLEY

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(Case No. C 13-05996 PJH)

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DATED: March 6, 2014

TOSTRUD LAW GROUP, P.C.

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By:

/s/
JON A. TOSTRUD

TOSTRUD LAW GROUP, P.C.

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Jon A. Tostrud
1925 Century Park East, Suite 2125
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: 310-278-2640
[e-mail]

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POMERANTZ LLP

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Jeremy A. Lieberman
Lesley F. Portnoy
600 Third Avenue, 20th Floor
New York, New York 10016
Telephone: [phone]
Facsimile: 212-661-8665

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Gibson, Dunn &
Crutcher LLP

Patrick V. Dahlstrom
10 South La Salle Street, Suite 3505
Chicago, Illinois 60603
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff DAVID SHADPOUR
(Case No. C 14-00307 PJH)
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STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS’ FILING OF CONSOLIDATED AMENDED
COMPLAINT AND RELATED CASE DEADLINES, Case Nos. C 13-05996 PJH and 14-00307 PJH

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ATTORNEY ATTESTATION
Pursuant to Civil Local Rule 5-1, I, Joshua A. Jessen, hereby attest that concurrence in the
filing of this document has been obtained from Michael W. Sobol and Jon A. Tostrud.

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DATED: March 6, 2014

GIBSON, DUNN & CRUTCHER LLP

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By:

/s/
JOSHUA A. JESSEN

Attorneys for Defendant FACEBOOK, INC.

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Gibson, Dunn &
Crutcher LLP

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STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS’ FILING OF CONSOLIDATED AMENDED
COMPLAINT AND RELATED CASE DEADLINES, Case Nos. C 13-05996 PJH and 14-00307 PJH

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[PROPOSED] ORDER

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Having considered the parties’ Stipulation, and good cause appearing, the Court hereby

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GRANTS the parties’ Stipulation. It is HEREBY ORDERED that:
1.

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Plaintiffs shall jointly file a motion to consolidate Campbell and Shadpour and to
appoint interim class counsel pursuant to Fed. R. Civ. P. 23(g) by March 21, 2014;

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Plaintiffs shall file their Consolidated Amended Complaint within thirty (30) days of

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this Court’s order on Plaintiffs’ motion to consolidate Campbell and Shadpour and to

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appoint interim class counsel;

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3.

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Facebook shall have forty-five (45) days from the date Plaintiffs file their
Consolidated Amended Complaint to answer or otherwise respond to the Complaint;

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The March 14, 2014 deadline for Facebook to respond to the Campbell complaint and

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the March 28, 2014 deadline for Facebook to respond to the Shadpour complaint are

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vacated; and

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5.

The April 3, 2014 Initial Case Management Conference and the dates that precede it

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(as set forth in Campbell Dkt. No. 4 and Shadpour Dkt. No. 11) are continued to future

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dates. If Facebook files a motion to dismiss and/or strike Plaintiffs’ Consolidated

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Amended Complaint, a new date for the Case Management Conference will be addressed

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at the hearing on Facebook’s motion. Additionally, the pre-CMC deadlines set forth in

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Campbell Dkt. No. 4 and Shadpour Dkt. No. 11 are continued as follows: The

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existing March 13 deadlines are continued to 3 weeks before the date of the continued

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Case Management Conference, and the existing March 27 deadlines are continued to 1

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week before the date of the continued Case Management Conference.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Judge P

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Gibson, Dunn &
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The Honorable Phyllis J. Hamilton
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March 11, 2014
DATED: __________________________

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STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS’ FILING OF CONSOLIDATED AMENDED
COMPLAINT AND RELATED CASE DEADLINES, Case Nos. C 13-05996 PJH and 14-00307 PJH