Campbell et al v. Facebook Inc.
Filing
179
Joint Notice of Refiling of Documents Accompanying Class Certification Briefs and Evidentiary Objections. (Attachments: # 1 Exhibit 1 (Redacted), # 2 Exhibit 2 (Redacted), # 3 Exhibit 3 (Redacted), # 4 Exhibit 4 (Redacted), # 5 Exhibit 5 (Redacted), # 6 Exhibit 6 (Redacted), # 7 Exhibit 7 (Redacted), # 8 Exhibit 8 (Unredacted), # 9 Exhibit 9 (Unredacted), # 10 Exhibit 10 (Redacted), # 11 Exhibit 11 (Redacted), # 12 Exhibit 12 (Redacted), # 13 Exhibit 13 (Redacted), # 14 Exhibit 14 (Redacted), # 15 Exhibit 15 (Redacted), # 16 Exhibit 16 (Redacted), # 17 Exhibit 17 (Redacted), # 18 Exhibit 18 (Redacted), # 19 Exhibit 19 (Unredacted), # 20 Exhibit 20 (Redacted), # 21 Exhibit 21 (Redacted), # 22 Exhibit 22 (Unredacted), # 23 Exhibit 23 (Redacted), # 24 Exhibit 24 (Redacted), # 25 Exhibit 25 (Unredacted))(Chorba, Christopher) (Filed on 3/28/2016) Modified on 3/29/2016 (kcS, COURT STAFF).
EXHIBIT A 61
Exhibit B
Variability Surrounding Named Plaintiffs and Some Putative Class Members
Campbell, et al. v. Facebook, Inc.
Matthew Campbell
Read implied consent
sources?
Read Facebook developer
guidance?
Use JavaScript?
Michael Hurley
David Shadpour
Yes
Yes
Possibly
[Tr. at 267:13-271:16.]
No
No
[Tr. at 250:20-22.]
Yes and No
[Tr. at 221:4-222:6.]
See URL previews before
sending?
Delete URL previews?
[Tr. at 184:8-14.]
Unknown
[Tr. at 36:9-37:10.]
Unknown
[Tr. at 146:24-147:8.]
Unknown
[Tr. at 164:3-18.]
Unknown
[Tr. at 110:2-18.]
[Tr. at 128:8-23.]
Yes
Yes
Yes
[Tr. at 103:20-23.]
No
[Tr. at 164:3-18.]
Did the people with whom
they exchanged messages
consent?
[Tr. at 179:9-184:4.]
Unknown
[Tr. at 106:7-11.]
Unknown
[Tr. at 230:2-7; 232:6-10;
[Tr. at 112:16-20; 117:15-
225:23-226:1; 254:19-
[Tr. at 128:1-3.]
Unknown
[Tr. at 147:9-148:1.]
[Tr. at 191:12-192:7.]
No
Yes
[Tr. at 158:10-162:1.]
[Tr. at 253:2-257:9.]
Yes
Unknown
[Tr. at 152:6-15.]
Unknown
[Tr. at 39:8-23.]
[Tr. at 150:3-8.]
Yes
[Tr. at 119:1-10.]
No
Yes
[Tr. at 126:17-127:4.]
Yes
[Tr. at 150:1-152:5.]
Unknown
Yes
[Tr. at 121:13-122:4.]
Unknown
[Tr. at 150:1-152:5.]
Unknown
[Tr. at 122:22-132:18.]
Unknown
[Tr. at 164:25-166:2.]
[Tr. at 188:7-189:16.]
[Tr. at 132:17-134:23.]
[Tr. at 147:17-23.]
No
[Tr. at 185:8-186:7.]
Unknown
124:25-125:18; 129:2-
258:8; 251:24-252:23.]
No
Yes
118:15; 120:14-121:7;
255:12; 256:3-16; 256:17-
[Tr. at 105:21-25.]
No
[Tr. at 230:7-231:2; 211:5-
131:23; 133:12-134:10;
12; 217:20-219:22.]
136:18-138:9.]
Continue to send messages
with URLs even after filing
suit / receiving subpoena?
Any basis to claim that
Facebook incremented
“Like” count based on
messages?
Any basis to claim that
Facebook sent targeted
advertising based on
messages?
Whether they suffered
“financial harm”?
Yes
No
[Tr. at 71:24-72:18.]
No
[Tr. at 224:9-18; 189:22-
[Tr. at 110:23-111:4;
190:2.]
[Tr. at 90:1-9.]
Yes
Yes
Yes
No
[Tr. at 101:7-14; 156:21157:3.]
No
153:15-19; 64:5-23.]
No
No
[Tr. at 201:11-22; 203:8-12.]
[Tr. at 163:5-10; 148:6-9;
[Tr. at .130:17-20.]
[Tr. at 84:19-25; 170:1424.]
No
[Tr. at 36:19-23.]
Yes
No
[Tr. at 136:11-137:18.]
No
[Tr. at 106:1-10; 130:21-2.]
[Tr. at 127:20-24; 128:21-
[Tr. at 194:1-6; 202:18-
15.]
No
[Tr. at 119:11-16; 155:12-
25; 129:7-15.]
203:6.]
No
[Tr. at 185:11-18.]
No
[Tr. at 158:6-9.]
No
[Tr. at 251:13-253:1.]
161:19-25.]
No
No
[Tr. at 192:11-14; 62:1963:9.]
[Tr. at 153:20-24.]
No
[Tr. at 41:25-42:13.]
Unknown
[Tr. at 171:2-8.]
Unknown
[Tr. at 157:10-158:1.]
No
[Tr. at 248:11-249:21.]
Matthew Campbell
Level of “processing” of
messages by Facebook to
which they object?
Michael Hurley
David Shadpour
Objects to
“processing” for
“any purpose”
Objects to
“processing” for
any purpose “not
necessary to send
the message”
Objects to
incrementing “Like”
count and serving
targeted advertising
(but does not object
to rendering URL
previews;
delivering, filtering,
storing, rendering,
or formatting
messages; or
blocking malware,
viruses, spam, or
child exploitation
images)
[Tr. at 169:12-178:2.]
[Tr. at 189:22-190:17.]
Unknown
[Tr. at 140:24-142:20.]
[Tr. at 94:22-10-105:18.]
Objects to
incrementing
“Like” count and
serving targeted
advertising (but
does not object to
rendering URL
previews;
delivering,
filtering, storing,
rendering, or
formatting
messages; detecting
sexual predators; or
blocking malware,
viruses, spam, or
child exploitation
images
Objects to anything
that “goes beyond
basic delivery
functions”
[Tr. at 154:13-157:4.]
[Tr. at 108:10-114:5.]
Exhibit Number for
Deposition Transcript
Exhibit L
Exhibit M
Exhibit N
2
Exhibit FF
Exhibit GG
Exhibit HH
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