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