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).

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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5

MATTHEW CAMPBELL, MICHAEL

)

6

HURLEY, and DAVID SHADPOUR,

) Case No.

7
8
9

Plaintiffs,
vs.

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)

FACEBOOK, INC.,

10

) C 13-05996 PJH (MEJ)

)

Defendant.

)

_____________________________)

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VIDEOTAPED DEPOSITION OF DAVID SHADPOUR

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THURSDAY, OCTOBER 1, 2015

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18
19
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REPORTED BY:

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JARDENE L. PLATT,

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RPR, CSR No. 3724

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Job No. 2142485

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Pages 1-151
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really have any exposure to.

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3

Q.

08:40:15

And with whom -- with whom did you have

08:40:18

exposure at Pomerantz?

08:40:20

4

A.

Mr. Portnoy, Lesley Portnoy.

08:40:22

5

Q.

Anybody else at that firm?

08:40:24

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A.

Not that I know of.

08:40:25

7

Q.

Mr. Portnoy is not representing you today?

08:40:27

8

A.

No.

08:40:31

9

Q.

When did Mr. Portnoy stop representing

08:40:32

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you?

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08:40:33
A.

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A few months.

08:40:37

Keith, any ideas?

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Something like that.

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MR. KLEIN:

A month, two months?

08:40:38

Does that sound right?

08:40:40

I -- technically I don't --

08:40:44

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this is your testimony.

I don't believe anyone ever

08:40:45

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sort of stopped representing you because they didn't

08:40:48

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withdraw as counsel so they are still counsel of

08:40:50

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record.

08:40:52

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THE WITNESS:

That's a good question.

I

08:40:53

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don't know what technically representing is or

08:40:53

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isn't.

08:40:54

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representing me?

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say like I need to find other legal counsel?

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That's why I went and found Keith.

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///

Did I sign a document saying to stop
No, but did I pull the plug and
Yes.

08:40:56
08:40:58
08:41:01

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BY MR. CHORBA:

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Q.

Can you explain to me why you did that?

08:41:03

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A.

Comfort.

08:41:06

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I didn't feel comfortable.

MR. PORTNOY:

I would just like to

08:41:08

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interject could we -- Mr. Shadpour, to the extent

08:41:08

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that there's any discussion of attorney-client --

08:41:12

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anything we have discussed in the past as your

08:41:16

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attorney, you have the privilege to refrain from

08:41:18

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discussing that.

08:41:21

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11

So I just wanted to put that on

the record.

08:41:24

MR. KLEIN:

Actually, let's be a little

08:41:24

12

bit more clear about that.

13

question asked for privileged communications.

14

it seems like one -- to be clear for purposes of the

08:41:32

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record here, any communications with your counsel,

08:41:35

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being me or any of your other counsel who you

08:41:38

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perceive to be your counsel at any time, are

08:41:42

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privileged communications.

08:41:44

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the right not to discuss the substance of those

08:41:46

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communications during this deposition or elsewhere.

08:41:48

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You also have the right to waive that privilege.

08:41:51

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you have the -- you get to make the choice.

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your privilege.

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25

I don't believe that

08:41:26

But

08:41:29

That means that you have

So

It's

Okay?

08:41:53
08:41:56

But once you waive that privilege for one
purpose, you cannot pull it back and it's waived for

08:41:56
08:41:59
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all purposes.

08:42:01

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Do you understand that, David?

08:42:02

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THE WITNESS:

08:42:03

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Chris, do you agree?

5

Q.

08:42:03

BY MR. CHORBA:

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I do.

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There's

a lot of --

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9

Again, I'm not under oath either.

08:42:05
08:42:08

Counsel, if we can limit given the time, I

08:42:08

appreciate both of your comments and I understand.

08:42:10

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But I don't think my question went even close to

08:42:12

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that.

08:42:14

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I asked you why -- you testified a moment

08:42:16

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ago that you believed you needed to find other

08:42:17

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counsel.

I asked you to explain why.

08:42:20

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A.

Sounds good.

08:42:23

So I will retain the -- this

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right of privilege that I have to not talk too much

08:42:26

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about it.

08:42:28

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guys popped in, which was comfort, so --

19

Q.

But I did answer it already before the

Why -- why were you uncomfortable -- so is

08:42:30
08:42:32

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it fair to say you became uncomfortable with

08:42:33

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Mr. Portnoy's firm?

08:42:37

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A.

Yeah.

23

Q.

Why was that?

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A.

Just about interests.

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In general.

08:42:38
08:42:39
I didn't feel our

interests were aligned and so I went and seeked

08:42:40
08:42:43
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[sic] additional counsel.

08:42:44

2

Q.

Why were your interests not aligned?

08:42:45

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A.

That's a good question.

08:42:50

I think I'm going

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to -- you know, with all due respect, and you guys

08:42:53

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can just tell me when and where, it either is or

08:42:55

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isn't appropriate, but if I have this right and

08:43:00

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privilege not to talk too much about that

08:43:01

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relationship, I will take advantage of that.

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don't, then by all means, like, let's rock and roll.

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Q.

If I

Well, I'm not asking for any

08:43:03
08:43:06
08:43:08

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communications that you had with Mr. Portnoy.

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asking -- you said that your interests weren't

08:43:13

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aligned.

08:43:14

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15

Let me break that down.

I am

Your interests

weren't aligned with whom?

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A.

With the legal counsel that I had at the

08:43:16
08:43:19
08:43:22

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time.

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move on to the next one, there's a long duration of

08:43:26

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time that I was trying to leave the class action,

08:43:30

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and I didn't get the sense that the attorneys found

08:43:32

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that in their best interests and were making the

08:43:34

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effort to get me out of the claim.

08:43:36

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24
25

So to try to help answer your question and

08:43:09

Q.

When did you first ask to leave the class

action?
A.

08:43:23

08:43:38
08:43:40

Likely, say, about eight months, six

08:43:43
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months.

2

more.

Six to eight months.

No, actually maybe

December time.

08:43:46
08:43:49

3

Q.

December of last year?

08:43:51

4

A.

December-January, yeah.

08:43:52

5

Q.

December 2014 of --

08:43:54

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A.

December, January time is when I started

08:43:55

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the conversation of I no longer want to be in this

08:43:57

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claim.

08:44:01

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Q.

With whom did you discuss --

08:44:01

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A.

I began the conversations with Lesley.

08:44:03

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That was more in a passive conversation, and then

08:44:03

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with time it escalated to absolute necessary

08:44:06

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requirement.

08:44:10

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15

Q.

At what point did it escalate to an

absolute necessary requirement?

08:44:11
08:44:13

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A.

Say likely April, May.

08:44:21

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Q.

Let's come back to that.

08:44:27

Did you review any documents in preparing

08:44:29

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19
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23

for today's deposition?
A.

Oh, boy.

08:44:31

I'm under oath.

No, I didn't

review any documents.
Q.

That's fine.

08:44:33
08:44:36

All right.

Did you review any electronic materials or

08:44:37
08:44:39

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anything else, maybe not a physical paper document,

08:44:43

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but did you review anything else in preparing for

08:44:45
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Q.

These were served on your behalf.

You may

08:53:00

Interrogatories are basically

08:53:03

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or may not know this.

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written questions that are used.

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corollary to what we are doing today.

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you questions verbally.

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that we served on your counsel to you that you were

08:53:11

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then required to answer pursuant to the rules.

08:53:14

It's sort of a
I am asking

These are written questions

08:53:05
08:53:07
08:53:09

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A.

Okay.

08:53:17

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Q.

Exhibit 3 is a letter from counsel that

08:53:17

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relates to these.

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Let's start with Exhibit 2.

08:53:19

And I will direct you to response No. 5 on

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Page 6.

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sorry, Page 6, Lines 18 through 20.

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reads -- Interrogatory No. 5:

15

Actually, it carries over to Page 7.

I'm

The question

"IDENTIFY all facts regarding how

08:53:24
08:53:38
08:53:46
08:53:51
08:53:53

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and when YOU," and as used in this

08:53:55

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document I will represent to you that

08:53:57

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refers to you, Mr. Shadpour, "first

08:53:58

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became aware of FACEBOOK's alleged

08:54:01

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conduct referenced in YOUR COMPLAINT."

08:54:04

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22

The substantive response starts on Page 18
[sic]:

08:54:08
08:54:10

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"Plaintiff states as follows:

08:54:11

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Plaintiff," again, that's you in this

08:54:12

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context, "first became aware that

08:54:14
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Facebook scans private messages

08:54:17

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containing URLs in or around December

08:54:19

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2013 in connection with counsel's

08:54:21

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investigation in this case."

08:54:25

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Does that refresh your recollection at all

08:54:26

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about when you first learned about the practice

08:54:29

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involved in this lawsuit?

08:54:32

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9
10
11

A.

No.

But this document is -- I'm going to

assume is correct.
Q.

08:54:33
08:54:36

Do you have any reason to doubt the

accuracy of that statement?

08:54:37
08:54:39

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A.

No.

08:54:40

13

Q.

Did you know anything about, quote, scans

08:54:42

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private messages -- excuse me.

15

Let me start over.

Do you know anything about, quote,

08:54:45
08:54:48

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Facebook scans private messages containing URLs,

08:54:49

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close quote, before December 2013?

08:54:52

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A.

I don't know.

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told you two years.

20

If I knew that I would have

don't know.

21

Q.

I said five years because I

08:54:58
08:55:00
08:55:02

If you turn your attention to Exhibit 3,

08:55:06

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again, I will represent to you that this is a letter

08:55:08

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that counsel served on behalf of all the plaintiffs.

08:55:11

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If you look at the second page number -- item marked

08:55:15

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number 3, Mr. Shadpour, and it reads:

08:55:20
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A.

Okay.

08:56:20

2

Q.

Counsel for plaintiffs.

08:56:20

3

A.

Yeah, I honestly don't know.

08:56:21

4

Q.

Do you remember having any conversation

08:56:25

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with Mr. Portnoy regarding, quote, scanning of

08:56:26

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private messages by Facebook?

08:56:30

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A.

To help add some context, I've known

8

Lesley for 20 years.

9

conversations with Lesley over the last 12 months,

08:56:39

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so no, I don't recall any of this stuff.

08:56:41

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really, really hard for me to reference days or

08:56:43

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times of conversations with Lesley.

08:56:45

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are very, very good friends.

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together.

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have been hanging out since they were born.

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I have absolutely no recollection of dates.

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Lesley and I

We go bike riding

We hang out on Friday nights.

I understand.

It's

Our kids
So no,

08:56:36

08:56:47
08:56:50
08:56:52
08:56:55

To be clear, Mr. Shadpour,

08:56:57

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I am not interested in any private conversations or

08:56:59

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bike riding with Mr. Portnoy.

08:57:01

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on your behalf sued my client.

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are here today is I want to explore why you sued my

08:57:07

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client, and the quicker we get through this, the

08:57:10

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quicker we will be done and you will get out of the

08:57:11

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case and won't have to worry about this again.

08:57:14

25

Q.

I probably had thousands of

08:56:33

However, Mr. Portnoy
And the reason we

So what I am asking is, do you recall any

08:57:05

08:57:16
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conversations with Mr. Portnoy about a lawsuit

08:57:17

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against Facebook?

08:57:20

3

A.

No.

08:57:23

4

Q.

You mentioned earlier that you had

08:57:23

5

thousands of conversations with him just in the last

08:57:25

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12 months.

08:57:27

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A.

Yeah.

08:57:28

8

Q.

Approximately, if you can give me your

08:57:29

9
10
11

best estimate, how many of those conversations

08:57:31

regarded a lawsuit against Facebook?

08:57:32

A.

I don't know.

For the exception of let's

08:57:34

12

say talking to Lesley most recently about leaving

08:57:36

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the claim, I don't actually know.

08:57:39

14

Q.

And you can't -- sitting here today, you

08:57:41

15

can't remember the first time you contemplated

08:57:42

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bringing a lawsuit against Facebook.

08:57:46

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A.

Definitely not.

08:57:48

18

Q.

And you can't remember whether it was your

08:57:49

19

idea or a lawyer's idea.

08:57:51

20

A.

No.

08:57:53

21

Q.

Have you ever sent Facebook messages or

08:57:57

22

emails to Mr. Portnoy?

08:58:00

23

A.

Yeah.

24

Q.

Do you remember whether or not those --

25

Definitely.

let's focus now on Facebook messages.

08:58:02

Do you

08:58:03
08:58:05
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MR. CARNEY:

2

THE WITNESS:

Asked and

answered 16 times now.

3

Object to form.

4

09:00:44
Yeah, I even made a speech

about how I don't remember.

5

MR. KLEIN:

6

point.

7

Q.

We don't need all the

09:00:47

BY MR. CHORBA:

9

We don't need -- I got your

I got your point.

09:00:45
09:00:46

commentary.

8

09:00:43

09:00:49
09:00:51

Did anyone else ever share any facts with

09:00:52

10

you regarding Facebook's alleged scanning of

09:00:54

11

messages?

09:00:56

12

A.

Not that I know of.

13

news.

14

buzz, TechCrunch, things like that, so --

15
16
17

Right?

Aside from industry

Q.

There's pretty much a good amount of

What type of buzz or news had you heard

about Facebook's practices regarding messages?
A.

Post class action I read some articles in

18

regards to the class action.

19

That was in reference

to the scanning.

09:00:57
09:00:59
09:01:02
09:01:04
09:01:08
09:01:14
09:01:17
09:01:19

20

Q.

You say "post class action."

09:01:20

21

A.

Yeah.

09:01:22

22

Q.

After this case was filed?

09:01:22

23

A.

Yeah.

09:01:23

24

Q.

And you remember reading them after the

25

Correct.

case was filed, not before?

09:01:24
09:01:26
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A.

Yeah.

2

Q.

Do you remember approximately when that

3

Exactly.

09:01:27

was?

09:01:31

4

A.

No.

5

Q.

You said TechCrunch.

6
7

09:01:30

09:01:32
Do you remember any

other publication?
A.

09:01:33
09:01:35

I also don't mean specifically TechCrunch.

8

I just mean industry news like a TechCrunch.

9

whether or not TechCrunch has an article in regards

09:01:40

to this, is totally going to be just an example.

09:01:42

10
11

Q.

So

09:01:36

The -- if you turn back to Exhibit 3, the

09:01:38

09:01:46

12

last sentence of this paragraph refers to, quote,

09:01:49

13

Facebook scanning of private messages in the manner

09:01:55

14

alleged in the complaint, end quote.

Do you know

09:01:58

15

what that phrase means, "in the manner alleged in

09:02:01

16

the complaint"?

09:02:04

17

A.

Sorry, Chris, the last paragraph?

09:02:05

18

Q.

Yeah.

09:02:06

Paragraph -- this is numbered 3.

19

It's the last two lines.

20

private messages in the manner alleged in the

09:02:12

21

complaint."

09:02:15

22

manner alleged in the complaint"?

23

A.

"Facebook's scanning of

Do you know what that means, "in the

09:02:08

09:02:16

My understanding is that Facebook has been

09:02:21

24

scanning private messages obtaining data on URLs

09:02:23

25

used and then reselling that data.

09:02:27

So that's my

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the claim itself.

It was more about personal.

09:05:28

2

Q.

How about today?

09:05:32

3

A.

Today I -- yeah, I do like go on and off

09:05:34

4

in regards to -- not just about Facebook, but just

09:05:37

5

data in general.

09:05:40

6
7
8
9
10
11
12
13
14
15

Q.

But sitting here today, what are your

thoughts on this?
A.

09:05:42

I don't know, man.

I don't have an answer

to that question.
Q.

Do you believe the case is valid, sitting

decide.
Q.

Yeah.

09:05:44
09:05:46

here today?
A.

09:05:41

09:05:49
09:05:51

But again, that's not for me to

It's really for the courts and -What did you hope to accomplish by

bringing this lawsuit?

09:05:51
09:05:54
09:05:56
09:05:57

16

A.

Awareness, transparency, privacy rights.

09:06:01

17

Q.

Did you seek specific relief?

09:06:08

18

A.

Specific relief to myself?

09:06:11

19

No, not

necessarily.

09:06:14

20

Q.

How about on behalf of others?

09:06:15

21

A.

Yeah, definitely.

09:06:16

22

Q.

Did you intend to seek money?

09:06:17

23

A.

No, I didn't.

09:06:19

24
25

I don't have any real

interest in capital.
Q.

09:06:23

Has Facebook ever taken any money from

09:06:24
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you?

2
3

09:06:25
A.

Not that I know of.

Let me know if you

can answer that question.

09:06:34

4

Q.

I can't hear you.

5

A.

I don't know if you get an answer to that

6

What?

09:06:35

question.
Q.

If you what?

8

A.

If you get an answer, you know.

10

Get what?

09:06:38
You

charge on your credit card from time to time.

09:06:39
You

never know.

11

Q.

09:06:36
09:06:37

7

9

09:06:26

09:06:41
09:06:43

No.

It's a free service.

12

THE REPORTER:

13

THE WITNESS:

14

Q.

09:06:44

I'm sorry?

09:06:46

I was just kidding.

09:06:48

BY MR. CHORBA:

15

It's --

When you made the decision to file the

09:06:49

16

lawsuit, were you aware of similar class action

09:06:51

17

lawsuits pending against Google alleging scanning of

09:06:53

18

Gmail messages?

09:06:57

19

A.

20

it today.

21

sure.

22
23
24
25

You know, I think so.

I know I'm aware of

Was I aware of it at the time?

I'm not

But maybe.
Q.

How about a similar lawsuit against Yahoo

Oh, no.

09:07:02
09:07:04

involving its Yahoo mail email product?
A.

09:06:59

I should check that out.

aware of that now.

09:07:05
09:07:07

I'm

09:07:10
09:07:11
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I have met with

09:08:57

2

Lesley so many times, and was the calendar invite

09:08:59

3

defined as this lawsuit?

09:09:02

4
5

A.

Q.

I honestly don't know.

Not necessarily.

About how many meetings did you have with

him that touched on this lawsuit?

If you know.

09:09:04
09:09:06

6

A.

I don't know.

09:09:08

7

Q.

But you did meet with him and discuss this

09:09:10

8

lawsuit at various points.

09:09:12

9

A.

Yeah.

09:09:15

10

Q.

And you can't estimate how many meetings

09:09:19

11

you had.

12

A.

No.

09:09:21

13

Q.

How about phone calls?

09:09:22

14

A.

I had a pretty significant amount of phone

09:09:24

09:09:20

15

calls over the last X number of months regarding

09:09:27

16

leaving the lawsuit.

09:09:29

17

active I have been.

18
19

Q.

That's probably the most

09:09:31

Approximately how many of those phone

calls have you had?

09:09:35

20

A.

I don't know.

21

Q.

And those started in -- your estimate

22
23
24
25

Dozen, 10.

earlier was December of 2014, January 2015?
A.

Yeah.

More -- more actively in around

April-May time.
Q.

09:09:33

09:09:36
09:09:40
09:09:43
09:09:47
09:09:53

What did you say when you spoke to

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2
3

Q.

But were you ever nonresponsive to their

inquiries?
A.

09:24:46
09:24:49

As a general rule I'm pretty responsive.

09:24:51

4

Do I recall a specific incident that I was

09:24:56

5

nonresponsive?

09:24:59

6

Q.

Not that I know of.

Do you recall any instance in which

09:25:01

7

plaintiffs' counsel, any of the people that we

09:25:03

8

talked about and for now I am going to include

09:25:04

9

Mr. Portnoy, including everybody when I say

09:25:06

10

plaintiffs' counsel, do you know if at any point in

09:25:08

11

time plaintiffs' counsel tried to reach you and they

09:25:10

12

couldn't reach you?

09:25:13

13

A.

That's very possible.

09:25:14

14

Q.

Were you aware that plaintiffs' counsel

09:25:18

15

told counsel for Facebook that they had lost contact

09:25:20

16

with you?

09:25:23

17

A.

Yeah.

18

Q.

Do you know why plaintiffs' counsel would

19

I am aware of that.

say that to us?

20

MR. CARNEY:

21

THE WITNESS:

09:25:24
09:25:26
09:25:28

Object to form.
No.

No.

I don't.

09:25:30
09:25:30

22

BY MR. CHORBA:

23

Q.

Is that true?

09:25:32

24

A.

I don't think so.

09:25:33

25

Q.

Why do you think it's not true?

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A.

I just don't think it's true.

They

09:25:41

2

contact me, it may take time to reach me but I don't

09:25:43

3

think it's true.

09:25:45

4
5

Q.

At any point in time did you fail to

respond to messages from plaintiffs' counsel?

09:25:48
09:25:51

6

A.

That's possible.

09:25:53

7

Q.

At any point in time did you fail to

09:25:53

8

respond to messages at all?

9

exclude it takes you a day or two.

10
11

In other words, let's
Have you just

not responded at all?
A.

09:25:55
09:25:58
09:26:01

Not that I know of.

I will tell you,

09:26:03

12

though, it's a bit of a difficult question because

09:26:05

13

what happens is, you got an email.

09:26:06

14

haven't responded in 24 hours.

15

bombarded with phone calls.

16

and so at some point you are always on -- I think

09:26:12

17

there was some -- some challenges there which

09:26:16

18

explains why I went and seeked additional legal

09:26:19

19

counsel.

09:26:21

20

Q.

Let's assume you

Then you get

09:26:09

Then you get bombarded,

Can you help me understand that?

Were

09:26:11

09:26:22

21

there periods of time where you were getting emails

09:26:24

22

and then bombarded with phone calls from plaintiffs'

09:26:26

23

counsel in this case?

09:26:28

24

A.

Yeah.

09:26:30

25

Q.

When was that?

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2

Q.

Do you remember seeing it on or about that

date?

09:31:14
09:31:15

3

A.

Sounds right.

09:31:16

4

Q.

If you look at Page --

09:31:17

5

A.

Oh, actually, you know what?

6

clarify.

7

I saw it on that day.

I want to

I don't -- I'm not a hundred percent sure
I may have seen it but after.

09:31:18
09:31:20
09:31:23

8

Q.

On or about that date.

09:31:26

9

A.

Yeah.

09:31:27

10

Q.

If you look at the last paragraph on

09:31:28

11

Page 2, starting at Line 22 --

12

A.

Yeah.

13

Q.

-- on Page 2.

09:31:30

14

09:31:33
It states:

09:31:33

"On March 17, 2015, plaintiffs'

09:31:36

15

counsel informed Facebook's counsel that

09:31:39

16

Mr. Shadpour intended to withdraw from

09:31:41

17

the litigation and asked if Facebook

09:31:44

18

would stipulate to his dismissal."

09:31:46

19

A.

Okay.

09:31:48

20

Q.

Your testimony earlier was that you had

09:31:51

21

first asked in December or January.

Do you know why

09:31:53

22

plaintiffs' counsel waited until March 17 to make

09:31:57

23

that request on Facebook?

09:32:00

24

A.

No.

09:32:02

25

Q.

And if -- do you recall, sir, whether you

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times since April, so --

09:40:26

2

Q.

Between April and today?

09:40:28

3

A.

Yeah.

09:40:29

4

Q.

Have any of the plaintiffs' lawyers in

Dozen times.

09:40:30

5

this case ever told you that they were going to do

09:40:38

6

something and then they didn't do it?

09:40:40

7

MR. CARNEY:

8

THE WITNESS:

9

Object to form.

09:40:43

I prefer not to answer that

question.

09:40:48
09:40:49

10

BY MR. CHORBA:

11

Q.

It's a yes-or-no question.

12

for any privileged information.

13

have to answer it.

14

I'm not asking

truthfully.

15

A.

Respectfully, you

Truthfully, answer it

09:40:50
09:40:52
09:40:57
09:40:58

My challenge in answering the question, so

09:41:00

16

you can hopefully clarify, is opinion versus fact.

09:41:02

17

So if -- if it's about my opinion and frustrations,

09:41:05

18

it would be different than factually.

09:41:07

19

Q.

Well, fair enough.

I don't know.

But all I can do is

09:41:10

20

ask you the questions so you can answer truthfully

09:41:12

21

as you are able.

09:41:15

22

A.

Yeah.

I believe in terms of opinion,

09:41:16

23

yeah, I didn't get the sense that what I needed to

09:41:19

24

get done was getting done and --

09:41:23

25

Q.

Regarding your dismissal?

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A.

Yeah.

09:41:31

2

Q.

Were there any other instances when any of

09:41:31

3

the plaintiffs' lawyers told you they were going to

09:41:33

4

do something and they didn't?

09:41:35

5

A.

Yeah.

I was -- I got the feeling that

09:41:36

6

they -- our interests were not aligned and that they

09:41:38

7

weren't helping me leave the claim, which is why I

09:41:40

8

seeked outside counsel.

09:41:43

9

Q.

Other than the withdrawal, I am trying to
Are there any other instances or

09:41:45

10

put that aside.

11

examples where you felt your interests weren't

09:41:49

12

aligned with the plaintiffs' counsel?

09:41:50

13

MR. CARNEY:

14

Object to form.

THE WITNESS:

I wish I knew what you

15

meant.

Aside from what?

The only thing I know is

16

the withdrawal from the claim.

17

Q.

09:41:53
09:41:56

BY MR. CHORBA:

18

09:41:46

But you mentioned that your interests were

19

not aligned.

When you say that you are referring to

20

your request to withdraw?

09:41:57
09:42:00

09:42:02
09:42:03
09:42:05

21

A.

Yeah.

09:42:06

22

Q.

Nothing else?

09:42:06

23

A.

No.

09:42:07

24

Q.

Do you know whether the -- and this is

09:42:10

25

again whether you know, have any of the plaintiffs'

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lawyers provided information on your behalf to

09:42:14

2

Facebook or the court without your permission?

09:42:18

3

A.

I -- yeah, I believe so.

09:42:20

4

Q.

What was that?

09:42:22

5

A.

Almost everything.

I don't think I have

6

signed off on anything I've seen that's been passed

7

to Facebook.

8

get a lot of the post facto, not the pre.

09:42:23

9

Q.

That's another area of frustration.

Do you know whether the plaintiffs'

09:42:25
I

09:42:27
09:42:29
09:42:36

10

lawyers have ever provided any information on your

09:42:36

11

behalf to Facebook or the court that is inaccurate?

09:42:39

12

A.

Not that I know of.

09:42:42

13

Q.

Have the plaintiffs -- any of the

09:42:45

14

plaintiffs' lawyers in this case ever failed to

09:42:46

15

respond to your inquiries?

09:42:48

16

A.

Not that I know of.

09:42:52

17

Q.

Have any of the plaintiffs' lawyers in

09:42:54

18

this case acted in a way that you believe was

09:42:55

19

dishonest?

09:42:58

20

A.

No.

09:43:01

21

Q.

Have any of the plaintiffs' lawyers in

09:43:04

22

this case ever pressured you in any way?

23

MR. CARNEY:

24

Q.

09:43:10

BY MR. CHORBA:

25

Object to form.

09:43:06

You can answer.

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the question is formulated, he waives that

09:43:58

2

objection.

09:44:00

3

objections here.

So he's just trying to preserve his

09:44:02

4

A.

Okay.

09:44:03

5

Q.

So you shouldn't let that impact you.

09:44:03

6

Again, your counsel will let you know if you can't

09:44:04

7

answer something.

09:44:07

8

A.

Got it.

09:44:08

9

Q.

So let me -- let me repeat.

Have any of

09:44:08

10

the plaintiffs' lawyers in this case pressured you

09:44:12

11

in any way?

09:44:14

12

MR. CARNEY:

13

THE WITNESS:

Object to form.

09:44:16

I want to clarify the word

14

"pressure" a bit.

15

information that I didn't feel comfortable

09:45:41

16

providing.

09:45:43

17

that Facebook, like providing messages and links and

09:45:47

18

things like that that I was unaware that I had to

09:45:49

19

provide upon initially participating.

09:45:52

20

know the if word "pressure" is the right word, but I

09:45:54

21

do know that there's a significant amount of

09:45:58

22

reluctance and participation on my end.

09:46:01

23

BY MR. CHORBA:

24

Q.

25

So I do think that I provided

09:44:39

Like, for example, the -- the requests

And I don't

Have any of the plaintiffs' lawyers in

this case told you that you should avoid sitting for

09:45:36

09:46:04
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deposition?

09:46:08

2

A.

No.

09:46:08

3

Q.

Have any of the plaintiffs' lawyers in

09:46:10

4

this case tried to prevent you from sitting for

09:46:11

5

deposition?

09:46:13

6

A.

No.

09:46:14

7

Q.

Have any of the plaintiffs' lawyers in

09:46:16

8

this case told you that you should not submit

09:46:17

9

discovery responses?

09:46:19

10

A.

No.

09:46:20

11

Q.

Have any of the plaintiffs' lawyers in

09:46:23

12

this case told you that you should withdraw from the

09:46:24

13

case as a named plaintiff?

09:46:26

14

A.

No.

09:46:28

15

Q.

Have any of the plaintiffs' lawyers lied

09:46:28

16

to you?

09:46:30

17

A.

Not that I know of.

09:46:31

18

Q.

Have any of the plaintiffs' lawyers

09:46:33

19
20
21
22

withheld information from you?
A.

I do think a lot of these documents that

you presented I got post facto, not pre.
Q.

09:46:34
09:46:36
09:46:37

Did you know that the law firms of Lieff

09:46:42

23

Cabraser, Carney, Bates & Pulliam and Pomerantz --

09:46:44

24

let me just reorient you.

09:46:47

25

is Mr. Rudolph's firm, Ms. Gardner's firm,

The Lieff Cabraser firm

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the platform?

2

A.

10:07:00

Historically I derive pleasure from things

3

like food, family, activities.

4

Not necessarily from

technological advancements.

10:07:00
10:07:02
10:07:07

5

Q.

Do you benefit at all from using Facebook?

10:07:09

6

A.

I do in terms of efficient communication.

10:07:11

7

Q.

Do you remember when you first used the

10:07:14

8

Facebook messages product?

9
10

A.

I don't necessarily know the date of.

11
12

Potentially upon opening my account, which

Q.

And you used -- do you remember

approximately when you signed up for Facebook?

10:07:17
10:07:19
10:07:22
10:07:25
10:07:27

13

A.

Early 2000s.

10:07:28

14

Q.

Okay.

10:07:30

15

Was it when the product was first

launched to the public?

10:07:33

16

A.

I held out for a little while.

10:07:34

17

Q.

Was it -- if I say 2006, does that ring a

10:07:36

18

bell?

10:07:39

19

A.

It's possible, yeah.

10:07:39

20

Q.

Okay.

10:07:40

21

You have used Facebook since you

filed this lawsuit.

Correct?

10:07:44

22

A.

I have.

10:07:46

23

Q.

Have you used the Facebook messages

10:07:47

24
25

product since filing this suit?
A.

I have.

10:07:49
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Q.

Do you remember when the last time was

10:07:53

2

that you sent a Facebook message that contained a

10:07:54

3

URL in the message?

10:07:57

4

A.

I do not.

10:07:58

5

Q.

Do you remember whether or not you sent a

10:08:01

6

Facebook message containing a URL since this lawsuit

10:08:03

7

was filed in 2014?

10:08:05

8
9
10

A.

Excuse me, 2013.

I do not, but it is very likely that I

have.

10:08:11
10:08:14

Q.

At any point in time, did any of your

10:08:17

11

lawyers ever tell you to stop using Facebook and/or

10:08:19

12

Facebook's messages product?

10:08:22

13

A.

No.

10:08:23

14

Q.

Earlier when I asked you about this

10:08:31

15

lawsuit, you mentioned privacy.

10:08:33

16

A.

Yeah.

10:08:36

17

Q.

What does "privacy" mean to you?

10:08:36

18

A.

Disclosure of personal information.

10:08:45

19

Q.

How about in the context of a messages or

10:08:47

20

email product?

10:08:53

21

A.

10:08:54

22
23
24
25

I define that as personal information.

Private messaging.
Q.

Hence, privacy.

Is it your claim or was it your claim in

this case that Facebook scanned messages?
A.

It's my understanding that they do.

10:08:57
10:09:02
10:09:04
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criminal conduct?

2

MR. CARNEY:

3

THE WITNESS:

10:11:31
Object to form.

10:11:33

I wasn't aware.

10:11:35

4

BY MR. CHORBA:

5

Q.

I didn't --

10:11:38

6

A.

I wasn't aware.

10:11:39

7

Q.

Do you understand that Facebook has

10:11:39

8

processes in place to help detect sexual predators?

9

MR. CARNEY:

10

THE WITNESS:

11

Q.

10:11:44

I wasn't aware.

10:11:45

BY MR. CHORBA:

12

Object to form.

10:11:40

Do you understand that Facebook has

10:11:47

13

electronic processes in place to help generate URL

10:11:49

14

previews for a Facebook message?

10:11:53

15

A.

Yes.

10:11:54

16

Q.

Do you object to any of the electronic

10:11:58

17

processes that I just identified?

18

MR. CARNEY:

19

THE WITNESS:

20

Q.

I don't know.

10:12:06
Not that I

10:12:09

BY MR. CHORBA:

22

Object to form.

know of.

21

10:11:59

10:12:11

Do you object to the, quote, scanning, end

10:12:13

23

quote, of Facebook messages to increase the like

10:12:15

24

count?

10:12:19

25

A.

Yes.

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Q.

Why?

2

A.

What is the like count?

3

10:12:21
Sorry, you mean

like count for advertisers?

4

Q.

10:12:21
10:12:23

Well, the like count that's displayed

10:12:24

5

either on Facebook pages themselves or on external

10:12:26

6

websites.

10:12:30

7

A.

Yeah.

8

Q.

Why?

10:12:32

9

A.

Because it's the selling of private data

10:12:33

10

Yes, I do.

10:12:31

in order to -- benefit of third parties.

11

Q.

What if that -- if there's no selling of

10:12:34
10:12:37

12

data or advertising in connection with that

10:12:40

13

practice?

10:12:42

14

A.

Assuming that there is no value exchanged,

10:12:42

15

which is impossible, somebody is benefiting from

10:12:44

16

this data, then yes, sure, I would be okay with it.

10:12:46

17

But assuming there's a value exchanged, whether or

10:12:48

18

not it includes capital, I think is definitely

10:12:50

19

not --

10:12:52

20

Q.

What -- what type of value other than

10:12:53

21

capital do you have in mind when you gave that

10:12:56

22

answer?

10:12:58

23

A.

It could be anything.

It could be barter.

10:12:59

24

It could be a hug.

As long as there's a benefit and

10:13:00

25

not disclosed to the individual who is creating that

10:13:03
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2
3
4
5

content, there's a privacy concern there.
Q.

10:13:05

If it were disclosed, you wouldn't have an

objection?
A.

10:13:07
10:13:09

I think if it was disclosed, then it would

be hard to have an objection.

10:13:10
10:13:13

6

Q.

But would you still have an objection?

10:13:15

7

A.

Not that I know of.

10:13:16

I think at that point

8

if it's disclosed, you can choose not to use the

10:13:19

9

platform.

10:13:21

10
11

As long as there's transparency, it's

harder to make a case.
Q.

10:13:23

What if the like count -- let's focus on

10:13:25

12

external websites, if that like count were

10:13:27

13

anonymized, it was just a number, would you still

10:13:29

14

have an objection?

10:13:31

15

A.

I do.

16

MR. CARNEY:

17

THE WITNESS:

10:13:32
Object to form.

10:13:34

Yes, I do.

10:13:34

18

BY MR. CHORBA:

19

Q.

Why?

10:13:35

20

A.

It has nothing to do with transparency of

10:13:35

21

the individual per se.

22

monetization of benefits of the data created.

23

content created, sorry.

24
25

Q.

It has to do with the

10:13:38
The

10:13:40
10:13:42

Do you -- do you believe that there's

monetization of that data?

10:13:43
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A.

I do.

10:13:47

2

Q.

How do you know that?

10:13:48

3

A.

I don't.

10:13:48

4

Q.

You just think there is?

10:13:49

5

A.

I think that there's a world of

10:13:51

6

monetization around data, period.

10:13:53

7

Q.

But how about specific to Facebook?

10:13:56

8

A.

Whether or not this data is currently

10:14:00

9
10

being monetized is secondary to the fact that it can

10:14:02

or will be monetized.

10:14:04

11
12

Q.

And you know this for a fact or you just

believe it will?

13

A.

10:14:06
10:14:08

My understanding is that data can be

10:14:09

14

monetized at any point, whether it's today or in the

10:14:10

15

future.

10:14:12

16

Q.

Has any of your data ever been monetized?

10:14:12

17

MR. CARNEY:

Object to form.

10:14:15

18

THE WITNESS:

Very possible.

10:14:15

19

BY MR. CHORBA:

20

Q.

But you don't know for sure?

10:14:16

21

A.

Actually, yes, I do.

10:14:18

My data has had been

22

monetized more than once.

Facebook has retargeted

10:14:20

23

me with advertising campaigns from when I surf the

10:14:21

24

web.

10:14:24

25

question about that.

That's monetization of data.

There's no

10:14:26
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2
3

Q.

Is that through surfing the web or through

use of Facebook itself?
A.

10:14:28

That's a good question.

4

necessarily know the answer.

5

I don't

10:14:29

Facebook.

6
7
8
9

Q.

I don't work at

10:14:31
10:14:32

Okay.

Do you object to targeted

10:14:33

advertising in all circumstances?
A.

10:14:35

As a general rule, as long as there's no

transparency, yes.

So as an example, in the U.K.

10

there's transparency around cookie targeting.

11

the United States there isn't yet.

12

an example of lack of transparency.

13
14
15

Q.

In

So that would be

So you object to advertising that's based

off of cookie transmission?
A.

10:14:27

Potentially.

16

MR. CARNEY:

17

THE WITNESS:

18

Q.

10:14:44
10:14:46
10:14:48
10:14:50
10:14:52
10:14:55
10:14:56

Object to form.
Potentially.

10:14:58
10:14:58

BY MR. CHORBA:

19

10:14:37

So you object to the, quote, scanning, end

10:15:04

20

quote, of Facebook messages for the purposes of

10:15:07

21

delivering targeted advertising?

10:15:11

22

A.

I say that I object to the lack of

23

transparency.

24

transparency, then --

25

Q.

So assuming that there is

10:15:12
10:15:14
10:15:15

When you brought this suit, were you aware

10:15:22
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or did you believe that there was a lack of

10:15:24

2

transparency?

10:15:29

3

MR. CARNEY:

4

THE WITNESS:

5

Q.

Yes, I was unaware that

10:15:31

BY MR. CHORBA:

7

10:15:29

there was transparency.

6

Object to form.

8

Sitting here today, do you think there is

a lack of transparency?

9
10

10:15:32

A.

10:15:35

As far as I'm aware, for the exception of

what you told me about 2012.

11

Q.

Okay.

10:15:34

10:15:36
10:15:38

Do you -- have you -- you

10:15:41

12

referenced earlier some Tech Bridge or other

10:15:42

13

articles that you may have read regarding the

10:15:46

14

practices.

10:15:48

15

A.

Yeah.

10:15:48

16

Q.

Did those publications disclose any of

10:15:50

17

these practices?

18

A.

10:15:53

Not that I recall.

I think this is the

19

first that I'm hearing about the transparency in

20

2012.

21

mentioned --

Or no, you didn't mention transparency.

10:15:54
10:15:55

You

10:15:58
10:16:00

22

Q.

The content.

10:16:02

23

A.

-- stopping -- yeah.

10:16:03

24

Q.

Other than for purposes of targeted

10:16:10

25

advertising, do you develop -- do you object to the

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processing of Facebook messages for any other

10:16:15

2

purpose?

10:16:17

3

MR. CARNEY:

4

THE WITNESS:

5

Q.

Sorry, can you --

10:16:18
10:16:20

BY MR. CHORBA:

6

Object to form.

Other than -- let's put aside targeted

7

advertising.

8

Facebook messages for any other purpose?

9

Do you object to the processing of

MR. CARNEY:

10

Same objection.

THE WITNESS:

Same objections one is I

10:16:21
10:16:23
10:16:26
10:16:28
10:16:29

11

don't have an issue with targeted advertising, to

10:16:29

12

clarify.

10:16:31

13

mining and selling data.

14

BY MR. CHORBA:

15

Q.

Just has to do with transparency around

Okay.

10:16:34

Let me -- let me -- fair point.

10:16:35

16

Other than the lack of transparency surrounding

10:16:38

17

targeted advertising, whether or not there is a lack

10:16:41

18

of transparency, we contend it is transparent,

10:16:44

19

plaintiffs disagree with us, but let's put that

10:16:47

20

aside.

10:16:49

21

processing of Facebook messages for any other

10:16:51

22

purpose?

10:16:54

Other than that issue, do you object to the

23

MR. CARNEY:

24

THE WITNESS:

25

Object to form.
Includes wrongful enrichment

without transparency, yes.

As long as there's

10:16:55
10:16:56
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transparency, I have no absolutely no issue with it.

2

BY MR. CHORBA:

3

Q.

4

I'm going to go through some of the

processes that we discussed earlier.

5
6

Okay.

What about Facebook processing messages to
deliver messages to the intended recipients?

7

MR. CARNEY:

Object to form.

10:17:00

10:17:02
10:17:05
10:17:08
10:17:11
10:17:15

8

BY MR. CHORBA:

9

Q.

Do you object to that?

10:17:17

10

A.

No.

10:17:17

11

Q.

What about Facebook processing Facebook

10:17:19

12

messages to filter messages?

13

MR. CARNEY:

14

THE WITNESS:

15

Q.

What does that mean?

10:17:24
10:17:25

BY MR. CHORBA:

16

Object to form.

10:17:22

17
18

To filter to make sure they are addressed

to the intended recipient.
A.

Sounds good.

19

MR. CARNEY:

20

THE WITNESS:

10:17:27
10:17:30
10:17:31

Same objection.
Sounds good.

10:17:32
10:17:34

21

BY MR. CHORBA:

22

Q.

Okay.

23

A.

No objection.

10:17:36

24

Q.

What about processing messages to store

10:17:36

25

No objection.

the messages?

10:17:35

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A.

2

No objection.
MR. CARNEY:

3

Q.

Object to form.

10:17:40

BY MR. CHORBA:

4

10:17:39

Do you have any confusion?

I'm using the

5

term "process" and "electronic process."

6

Do you

understand what I mean by that?

10:17:43
10:17:46

7

A.

Not necessarily.

8

Q.

How do you interpret those terms?

10:17:49

9

A.

Face value process, there's a process in

10:17:50

10

place in order to reach the end goal, whether it's

10:17:53

11

communicating that content to the other user or not.

10:17:55

12
13

Q.

Okay.

But --

10:17:41

Do you use any in your business,

are there any electronic processes used?

10:17:47

10:17:58
10:18:00

14

A.

I use Slack.

10:18:03

15

Q.

What is that?

10:18:04

16

A.

Communication platform.

10:18:04

17

Q.

Okay.

Is there -- are there electronic

10:18:06

18

processes in order for Slack to have its intended

10:18:09

19

purpose?

10:18:12

20

A.

21
22

Yeah.

There's processes in place for

communications.
Q.

10:18:12
10:18:14

So you are not confused when I use -- when

10:18:15

23

I'm using the term "process" or "electronic

10:18:17

24

process," you understand what I'm talking about?

10:18:19

25

A.

I do, yes.

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Q.

Again, I'm going through and trying to

10:18:25

2

identify where you object, other than what you

10:18:27

3

discussed, the lack of transparency surrounding

10:18:29

4

targeted advertising.

10:18:32

5

A.

Lack of transparency around privacy --

10:18:34

6

just to really, really clarify, I have absolutely no

10:18:38

7

issue with targeted advertising whatsoever.

10:18:40

8

absolutely no issue with advertising whatsoever.

9

only challenge is, anything that's earmarked as

10:18:46

10

private, is not transparency.

10:18:49

11

transparency around the fact that that data is being

10:18:52

12

mined and sold.

10:18:54

13

no issue with that.

14

being monetized or -- I have no issue with that.

15
16
17
18
19

Q.

I have
My

There's no

So if it's not private, then I have
If it is private, and it's not

What do you classify as something being

private versus not private?
A.

Something that's labeled private message

Okay.

10:18:57
10:19:00
10:19:03
10:19:06

in my book is private.
Q.

10:18:43

10:19:07
10:19:09

And if there's disclosures in the

10:19:11

20

user agreements to which you have to agree before

10:19:13

21

you sign up for Facebook, you would still consider

10:19:15

22

it private?

10:19:18

23

MR. CARNEY:

24

THE WITNESS:

25

Object to form.
No.

I think if there's

transparency upon signing up initially, then I don't

10:19:19
10:19:21
10:19:22
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see that being an issue.

2

BY MR. CHORBA:

3

Q.

Okay.

10:19:24

Do you object to Facebook

10:19:27

4

processing its messages to block malware viruses or

10:19:31

5

spam?

10:19:36

6

A.

No.

10:19:36

7

Q.

Do you object to Facebook processing its

10:19:38

8

messages to prevent the sharing of child

10:19:40

9

exploitation images?

10:19:43

10

A.

No.

10:19:45

11

Q.

Do you object to Facebook processing its

10:19:47

12

messages to detect criminal conduct?

10:19:49

13

A.

No.

10:19:52

14

Q.

Do you object to Facebook processing its

10:19:54

15

messages in order to ensure that the message is

10:19:56

16

rendered to the recipient in the appropriate

10:19:58

17

language?

10:20:01

18

A.

Not that I know of.

10:20:08

19

Q.

Let me give you an example because you

10:20:09

20

look confused.

21

language with non-English characters --

If someone sends using a non-English

10:20:10
10:20:13

22

A.

Yeah.

10:20:16

23

Q.

-- do you understand that Facebook or any

10:20:16

24

provider, email provider would have to process the

10:20:18

25

message in order to deliver it in the correct

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language?

10:20:24

2

MR. CARNEY:

3

THE WITNESS:

Object to form.

10:20:25

I don't necessarily

I would assume that they process

10:20:27

4

understand that.

5

it to deliver it in that same language.

6

what you are saying?

7

BY MR. CHORBA:

8

Q.

Yes.

10:20:31

9

A.

Yeah, that's fine.

10:20:31

10

Q.

You.

10:20:33

11

A.

Yeah, no objections to that.

10:20:34

12

Q.

What about Facebook, do you have

10:20:36

Is that

10:20:27
10:20:29
10:20:30

So no objections to that.

13

objections to Facebook processing its messages to

10:20:38

14

properly format the message?

10:20:41

15

A.

No.

16

Q.

Do you have any objections to Facebook

17

No.

No objection.

10:20:42

processing its messages to generate URL previews?

10:20:45
10:20:47

18

A.

No objection.

10:20:52

19

Q.

You understand what a URL preview is?

10:20:52

20

A.

Yeah.

10:20:54

21

Q.

And we will get to them in a moment, but

10:20:55

22

your counsel collected certain messages that we had

10:20:58

23

requested in discovery with URLs.

10:21:01

24

seeing URL previews?

25

A.

Do you recall

10:21:03

I do.

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Q.

Okay.

Do you have any information of any

10:21:05

2

kind that Facebook has targeted an advertisement to

10:21:10

3

you based on something that you put in a Facebook

10:21:13

4

message?

10:21:15

5

A.

No.

10:21:18

6

Q.

Do you have any information of any kind

10:21:19

7

that Facebook has targeted an advertisement to you

10:21:20

8

based on something that you put in a URL in a

10:21:23

9

message?

10:21:26

10

A.

No.

11

Q.

Okay.

12

10:21:26
Now I'm ready for Exhibit 20,

10:21:29

Mr. Shadpour.

13

10:21:31

If you could take a quick look at this.

I

10:21:33

14

will represent to you this is the original complaint

10:21:35

15

filed on your behalf.

10:21:37

16

Shadpour, Individually, on Behalf -- and on Behalf

10:21:40

17

of All Others Similarly Situated versus Facebook."

10:21:43

18

It's titled, "Class Action Complaint."

10:21:47

19

will represent to you, as it's stamped on the top,

10:21:51

20

it was filed on or about January 21, 2014.

10:21:53

It's captioned, "David

And it -- I

21

A.

Yep.

22

Q.

Do you recognize this document?

23

Take your

time, sir, if you need to review it.

24
25

10:21:57

A.
is?

I mean -- am I aware of what this document

Yes.

10:21:58
10:22:03
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Q.

What is it?

10:22:09

2

A.

The actual complaint.

10:22:09

3

Q.

That you are -- what was filed on your

10:22:12

4

behalf against Facebook.

10:22:14

5

A.

That's correct.

10:22:16

6

Q.

Have you ever seen this before?

10:22:17

7

A.

I may have seen this at some point, yes.

10:22:19

8

Q.

Do you recall whether or not you reviewed

10:22:22

9

this complaint before it was filed?

10
11

A.

I don't believe that I reviewed this

10:22:26

complaint before it was filed.

12
13

10:22:23

Q.

10:22:27

Did you authorize the filing of this

10:22:29

complaint?

14

A.

10:22:30
I don't know if that's documented.

15

or didn't I?

16

I can't tell you that the answer is yes.

17

Q.

It's very possible.

Did I

I don't know.

Is it documented?

And I haven't seen it
But do you have any reason

10:22:30
10:22:32
10:22:35
10:22:37

18

documented, nor would I.

10:22:39

19

to believe that you did not authorize the filing of

10:22:41

20

this?

10:22:43

21

A.

No.

10:22:43

22

Q.

Did you undertake any investigation before

10:22:46

23

filing this complaint?

10:22:48

24

A.

No.

10:22:49

25

Q.

Do you remember whether or not you

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reviewed the complaint for accuracy before it was

10:22:54

2

filed?

10:22:56

3

A.

I did not.

10:22:56

4

Q.

If you can turn to paragraph numbered 6.

10:23:17

5

It's on Page 3.

10:23:20

6

A.

Yep.

10:23:22

7

Q.

We won't have to read it aloud.

But

10:23:23

8

just -- if you could read that paragraph and let me

10:23:26

9

know when you are finished.

10:23:28

10

A.

Okay.

11

Q.

Have you ever seen that particular

12

I'm with you.

10:23:32

paragraph before?

10:23:34
10:23:36

13

A.

Not that I know of.

Possibly.

14

Q.

Let me just read one sentence and ask

10:23:37
10:23:51

15

you -- probably cut through a lot of my questions

10:23:52

16

here.

10:23:55

"Contemporary" -- it says:

17

"Contrary to its representations

10:23:56

18

however, 'private' Facebook messages are

10:23:58

19

in fact scanned by the Company in an

10:24:01

20

effort to glean, store and capitalize on

10:24:03

21

the contents of its user's

10:24:06

22

communications."

10:24:08

23

Did you write that sentence?

10:24:09
10:24:11

24

A.

No.

I mean, maybe.

Not that I know of.

25

Q.

Does that sentence capture what your

10:24:13
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Q.

Sorry.

So let's look at Paragraph --

2

Exhibit 21.

This is captioned, "Consolidated

3

Amended Class Action Complaint."

4

April 25, 2014.

5

the previous exhibit.

It's dated

So approximately three months after

10:25:25
10:25:29
10:25:35
10:25:39
10:25:42

6

A.

Yep.

10:25:44

7

Q.

And again, this is -- I will represent to

10:25:45

8

you this was the complaint filed after there were

10:25:48

9

two lawsuits filed, your lawsuit and another

10:25:50

10

lawsuit.

10:25:53

11

plaintiffs got together and put together a

10:25:55

12

consolidated complaint.

10:25:57

13

And they were consolidated and the

Do you recognize this document?

10:26:00

14

A.

I do.

10:26:01

15

Q.

Have you seen this before?

10:26:02

16

A.

I have.

10:26:03

17

Q.

When was that?

10:26:04

18

A.

I don't recall.

10:26:05

19

Q.

Do you know whether or not you reviewed

10:26:06

20

this document before it was filed?

21

A.

No.

22

Q.

You did not review it?

10:26:11

23

A.

I did not.

10:26:12

24

Q.

Did you authorize the filing of this

10:26:13

25

I did not.

10:26:08
10:26:09

complaint?

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A.

Potentially.

10:26:15

2

Q.

Do you recall one way or the other?

10:26:19

3

A.

No.

10:26:19

4

Q.

Do you know -- it's captioned, "Amended

10:26:23

5

Complaint."

At any point in time, do you remember

10:26:25

6

discussing what amendments or changes would be made

10:26:28

7

to your allegations?

10:26:31

8

A.

No.

10:26:31

9

Q.

Do you know whether the intent from your

10:26:34

10

perspective was to narrow the claims?

10:26:36

11

A.

No.

10:26:38

12

Q.

You just -- do you know one way or the

10:26:41

13
14
15

other?

10:26:42
A.

No.

happening.

I was just informed that this was

I don't actually know it.

10:26:42
10:26:44

16

Q.

Informed by whom?

10:26:46

17

A.

Lesley Portnoy.

10:26:47

18

Q.

And I think I know the answer but I have

10:26:50

19

to ask.

Did you review the facts in this amended

20

complaint for accuracy?

10:26:51
10:26:54

21

A.

No.

10:26:55

22

Q.

Did you have any basis for the allegations

10:26:59

23

in this other than what your lawyers told you?

24

A.

I wouldn't know.

25

Q.

I haven't read it.

Ever?

10:27:01
10:27:04
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A.

No, sir.

10:27:07

2

Q.

Do you know Mr. Matthew Campbell or

10:27:21

3

Mr. Michael Hurley?

10:27:23

4

A.

Not that I know of.

10:27:25

5

Q.

You have never met them?

10:27:28

6

A.

No, sir.

10:27:29

7

Q.

You know that they are the other named

10:27:30

8

plaintiffs in this case?

10:27:33

9

A.

I do.

10:27:34

10

Q.

Do you believe that Mr. Campbell will

10:27:45

11

fairly and adequately represent the class in this

10:27:47

12

case if you withdraw?

10:27:50

13

MR. CARNEY:

14

THE WITNESS:

Object to form.

10:27:52

I wouldn't know.

10:27:57

15

BY MR. CHORBA:

16

Q.

Same question for Mr. Hurley.

10:27:59

17

A.

I wouldn't know.

10:28:01

MR. CARNEY:

10:28:02

18
19

BY MR. CHORBA:

20

Q.

Same objection.

Besides any of your attorneys or any of

10:28:04

21

the attorneys involved in this case, have you ever

10:28:06

22

discussed this lawsuit with anyone else at any point

10:28:08

23

in time?

10:28:10

24

A.

No.

25

Q.

Have you ever received any inquiries from

Keith Klein, my wife.

Yeah.

10:28:16
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BY MR. CHORBA:

2

Q.

3

You can't estimate if it was more than one

or less than a hundred?

4

MR. CARNEY:

5

10:30:19
10:30:21

Object to form.

THE WITNESS:

Less than a hundred.

10:30:23
10:30:24

6

BY MR. CHORBA:

7

Q.

But more than one?

10:30:25

8

A.

More than one.

10:30:26

9

Q.

How about more than 50?

10:30:28

10

A.

I don't know.

10:30:29

11

Q.

Okay.

10:30:30

12

So nowhere within that range you

can estimate.

10:30:32

13

A.

That's correct.

10:30:33

14

Q.

Before you sought dismissal, were you

10:30:38

15

actively involved in the strategy and decision

10:30:40

16

making in this case?

10:30:42

17

A.

No.

10:30:43

18

Q.

Is it fair to say that your lawyers

10:30:45

19

handled the strategy and decision making in the case

10:30:46

20

for you?

10:30:48

21

A.

It is.

10:30:49

22

Q.

Would it be fair to say that they, and not

10:30:49

23

you, were directing the course of the litigation?

24

MR. CARNEY:

25

THE WITNESS:

Object to form.
It is.

10:30:52
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A.

The question again?

10:31:42

2

Q.

At any -- so you understand?

10:31:44

3

A.

Yeah.

10:31:45

4

Q.

At any point in time, have you served

10:31:45

5

discovery requests on Facebook in this case?

6

A.

7

know of.

8

Q.

9

Have I requested of Facebook?

Not that I

10:31:48
10:31:51
10:31:54

Do you know if discovery requests were

served on your behalf on to Facebook in this case?

10:31:54
10:31:56

10

A.

wouldn't
I wouldn t know.

10:31:59

11

Q.

Do you ever remember reviewing any

10:32:00

12

discovery requests that were to be served on

10:32:03

13

Facebook?

10:32:05

14

A.

I don't recall.

10:32:08

15

Q.

Do you remember ever saying to your

10:32:11

16

lawyer, "Let's make sure we ask for this"?

17

MR. CARNEY:

18

THE WITNESS:

19

Q.

No.

10:32:16
10:32:18

BY MR. CHORBA:

20

Object to form.

10:32:12

21

Did you provide discovery responses in

this case to Facebook's discovery requests?

10:32:21
10:32:23

22

A.

I did.

10:32:26

23

Q.

Did you review those responses before they

10:32:30

24

were provided?

10:32:32

25

A.

10:32:40

I made them in collaboration with Lesley

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continuing to use the platform.

2

Q.

3

reasons.

4

lawsuit?

5

A.

Nothing to do with the lawsuit.

6

Q.

Can we go back to Exhibit 2, sir.

7

Okay.

10:34:06

I don't want to explore personal

But it had nothing to do with this

10:34:09
10:34:10
10:34:10
It's

going to be on the bottom of that stack.

8

MR. CARNEY:

9

here.

10

10:34:07

Chris, we lost count down

We have a big pile.

Can you just identify

them?

10:34:14
10:34:18
10:34:20
10:34:20
10:34:23

11

MR. CHORBA:

Sorry.

Yeah, it's plaintiff

10:34:24

12

Shadpour's corrected responses to Facebook's first

10:34:26

13

set of interrogatories.

10:34:28

14

THE WITNESS:

15

Q.

17

that document.

18

I'm here.

before?

10:34:30

BY MR. CHORBA:

16

Okay.

19

A.

Okay.

If you could just briefly review
Do you recall ever seeing this

10:34:31
10:34:34
10:34:37

It's very likely I saw it after the fact.

10:34:39

20

Part of my challenge was that everything I have seen

10:34:42

21

has been after, not prior.

10:34:46

22

Q.

If you can turn to -- I think,

10:34:49

23

Mr. Shadpour, it's the very last two pages in the

10:34:51

24

document.

10:34:54

25

A.

Yep.

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2

Do you remember signing any documents in
this case?

10:35:39
10:35:41

3

A.

No.

10:35:41

4

Q.

You are very emphatic about that.

10:35:43

5

A.

Yeah, I am.

10:35:46

6

Q.

You never signed any documents?

10:35:46

7

A.

Not that I know of.

10:35:48

8

Nor was I privileged

to see this information prior to it being shared.

10:35:52

9

Q.

Make sure what, make sure it was accurate?

10:35:57

10

A.

Yeah.

10:35:59

11

my name on it.

10:36:01

12

Q.

And did that frustrate you?

10:36:03

13

A.

It does, yeah.

10:36:05

14

Q.

Still frustrates you now.

10:36:06

15

A.

It does.

10:36:08

16

Q.

Do you remember working with any of your

10:36:12

Review of legal documents that had

17

attorneys to locate documents and responsive

10:36:14

18

materials for this case?

10:36:18

19

A.

Yes.

I reached out to -- I hate to be on

10:36:19

20

the record and say, but I do believe I reached out

10:36:26

21

to -- where is that law firm with the four names on

10:36:29

22

it?

10:36:32

23

Q.

Lieff Cabraser?

10:36:32

24

A.

Yeah.

10:36:33

25

Lieff Cabraser, asking for

documentation or reaching out to Lesley and asking

10:36:35
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for documentation, requesting documentation proving

10:36:37

2

that they did in fact reach out to Facebook to

10:36:39

3

request a dismissal.

10:36:42

4

or not action was being taken.

I started questioning whether

10:36:46

5

Q.

When was that approximately?

10:36:48

6

A.

I don't know.

10:36:48

7

I have to look it up.

Summertime.

10:36:50

8

Q.

This year.

10:36:50

9

A.

Yeah.

10:36:52

10

Q.

Did you ever receive that documentation?

10:36:52

11

A.

I don't believe I did.

10:36:53

12

Q.

Was it some of the documents we looked at

10:36:55

13

earlier?

14

A.

Yeah.

15

Q.

Looking back at the -- I'm sorry, I should

10:36:57
Exactly.

10:36:57

It's in front of you.

10:37:01

16

have told you it's Exhibit 2.

10:37:05

17

But keep the chart in front of you, if you would,

10:37:06

18

sir, because we may have a few more questions on

10:37:08

19

this.

10:37:10

20

A.

Shoot.

10:37:11

21

Q.

Looking at this now, do you have any

10:37:13

22
23
24
25

reason to believe this is inaccurate?
A.

Not necessarily.

dates or incorrect links?
Q.

You mean like incorrect
What do you mean?

Incorrect in any way.

10:37:15
10:37:18
10:37:21
10:37:24
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2

as URL previews?
A.

3

10:41:54

Yep.

10:41:56

MR. CARNEY:

4

there which -- okay.

5

I'm sorry.

I can't see down

Thank you.

6
7
8

The last exhibit.

10:41:59
10:42:02

MR. CHORBA:
Q.

Great.

10:41:58

Exhibit 22.

Do you recall seeing these previews when

you sent the message?

10:42:02
10:42:06
10:42:08

9

A.

No.

10:42:10

10

Q.

Do you recall seeing these messages when

10:42:13

11

you received a message?

10:42:15

12

A.

No.

10:42:16

13

Q.

Do you have any reason to doubt that these

10:42:18

previews existed when you sent or received messages?

10:42:20

14
15

MR. CARNEY:

16

THE WITNESS:

17

Q.

No.

10:42:24
10:42:28

BY MR. CHORBA:

18

Object to form.

And when you open up your messages today

10:42:30

19

and look at them, do these URL previews exist in

10:42:33

20

those messages?

10:42:35

21

A.

They do.

10:42:37

22

Q.

Do you remember the first time you saw a

10:42:39

23

URL preview when composing a Facebook --

10:42:41

24

A.

I don't.

10:42:44

25

Q.

-- message?

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2

Did you ever see a URL preview and X out
of it or delete it?

10:42:48
10:42:51

3

A.

Not that I know of.

10:42:52

4

Q.

In those instances where you may have seen

10:42:53

5

a preview, do you have any idea how it was

10:43:02

6

generated?

10:43:05

7

A.

Nope.

10:43:06

8

Q.

How many different browsers have you used

10:43:11

9

over the years when you've used Facebook?

10:43:13

10

A.

Potentially three.

10:43:15

11

Q.

Which ones?

10:43:17

12

A.

Chrome, Safari, Internet Explorer.

10:43:17

13

Q.

Do you have a preferred browser?

10:43:22

14

A.

Chrome.

10:43:23

15

Q.

Did you ever have JavaScript enabled?

10:43:28

16

A.

Not that -- I don't know.

10:43:31

17

Q.

Were there times you used Facebook where

10:43:35

18
19

JavaScript was not enabled?
A.

20

I don't know.
MR. CARNEY:

10:43:37
10:43:39

Object to form.

10:43:39

21

BY MR. CHORBA:

22

Q.

But it's possible?

10:43:40

23

A.

I don't know.

10:43:41

24

Q.

Do you know what JavaScript is?

10:43:43

25

A.

I do.

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Q.

Norton AntiVirus?

10:44:33

2

A.

No.

10:44:34

3

Q.

McAfee?

10:44:35

4

A.

Not that I know of.

10:44:36

5

Q.

Malware Bytes, anything like that?

10:44:37

6

A.

Not that I know of.

10:44:41

7

Q.

I have to ask, sir.

10:44:44

8

A.

No worries.

10:44:45

9

Q.

Looking at the chart again, numbers 1

Ask me, I will answer.

10:44:48

10

through 23, how many of those websites have Facebook

10:44:51

11

social plug-ins --

10:44:56

12

A.

I have no idea.

10:44:58

13

Q.

Do you know how many had Facebook social

10:45:00

14

plug-ins on the particular date when a URL was sent

10:45:02

15

via message?

10:45:06

16

A.

I have no idea.

10:45:07

17

Q.

Do you know whether the sharing of any of

10:45:11

18

these URLs via Facebook message incremented any like

10:45:12

19

counter on those destination websites?

10:45:17

20

A.

No, I do not know.

10:45:19

21

Q.

Do you know whether or not either you or

10:45:22

22

any of the other senders or recipients identified in

10:45:24

23

Exhibit 1 received targeted advertisements as a

10:45:28

24

result of these messages or the content of these

10:45:30

25

messages?

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MR. CARNEY:

2

Object to form.

10:45:34

THE WITNESS:

I do not know.

10:45:35

3

BY MR. CHORBA:

4

Q.

Let's look at line item No. 11.

10:45:45

5

A.

Okay.

10:45:48

6

Q.

So line 11, again, summary of a message

10:45:53

7

from -- excuse me, from you to

Who is

8

10:45:56
10:46:00

9

A.

A friend.

10:46:01

10

Q.

Do you know where -- it is a man, I

10:46:02

11

assume?

10:46:07

12

A.

Correct.

10:46:07

13

Q.

Do you know where he lives?

10:46:08

14

A.

Today?

10:46:11

15

Q.

In California?

10:46:12

16

A.

Yes.

10:46:13

17

Q.

In June 2012 did he live in California?

10:46:14

18

A.

I believe so, but I would not testify that

10:46:16

19

No.

the answer is yes.

20

Q.

21

lawsuit?

22

A.

10:46:20

Do you know if

is aware of this

10:46:26
10:46:27
10:46:29

MR. CARNEY:

23

I do not know.

10:46:30

24

BY MR. CHORBA:

25

Q.

Object to form.

You have never discussed it with him?

10:46:33
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BY MR. CHORBA:

2

Q.

You don't know one way or the other?

11:08:08

3

A.

No, I don't know.

11:08:08

4

Q.

Do you remember the subject matter of this

11:08:10

5

or the content of this message?

11:08:12

6

A.

No.

11:08:14

7

Q.

Mr. Shadpour, do you recall reviewing any

11:08:22

8

disclosures or statements by Facebook when you

11:08:25

9

signed up for Facebook?

11:08:30

10

MR. CARNEY:

11

THE WITNESS:

12

Q.

No.

11:08:35
11:08:41

BY MR. CHORBA:

13

Object to form.

Do you remember alleging in your complaint

11:08:42

14

that you reviewed the disclosures and statements

11:08:46

15

made by Facebook regarding how information is to be

11:08:52

16

treated on Facebook?

11:08:55

17

A.

18

No.
MR. CARNEY:

11:08:57
Object to form.

11:08:58

19

BY MR. CHORBA:

20

Q.

Is that statement true as far as you know?

11:09:03

21

A.

Not that I know of.

11:09:04

22

Q.

Give me one second.

23
24
25

We don't have to go

off.

11:09:11
11:09:13

Have you ever reviewed any Facebook
developer guidance on the Facebook website?

11:09:23
11:09:24
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A.

Not that I know of.

11:09:28

2

Q.

Is it possible?

11:09:30

3

A.

Not --

11:09:31

4

MR. CARNEY:

5

Object to form.

THE WITNESS:

11:09:32

-- necessarily.

11:09:32

6

BY MR. CHORBA:

7

Q.

You just don't know one way or the other?

11:09:36

8

A.

Correct.

11:09:38

9

Q.

We went through messages and I asked what

11:09:39

10

you knew about

11

knowledge regarding Facebook practices.

12

what disclosures they ever read on Facebook?

13

A.

11:09:41
Do you know

11:09:47
11:09:51
11:09:54

MR. CARNEY:

14

I have no idea.

11:09:55

Object to form.

15

BY MR. CHORBA:

16

Q.

17

may have read?

11:09:58

18

A.

11:09:58

Are you aware of what news articles they

No.

19

MR. CARNEY:

20

THE WITNESS:

21

Q.

Maybe -- no, I'm not aware.

11:09:59
11:10:01

BY MR. CHORBA:

22

Object to form.

11:09:56

So you don't know what they knew about

11:10:04

23

Facebook practices when they received or sent

11:10:07

24

messages to or from you?

11:10:09

25

A.

That's correct.

I can't say that I do or

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don't.

2
3

11:10:12
MR. CHORBA:

Can we take a quick break?

I

may be finished.

11:10:21
11:10:23

4

THE WITNESS:

5

THE VIDEOGRAPHER:

6

(Recess taken.)

7

THE VIDEOGRAPHER:

8

Cool, man.

11:10:24

Off the record.

11:10.

11:10:25

We are on the record at

11:15:21

11:15.

9

11:15:22
MR. CHORBA:

Mr. Shadpour, I want to thank

11:15:24

10

you very much for your time in answering my

11:15:25

11

questions.

11:15:27

12

you.

I don't have any further questions for

11:15:29

13

MR. CARNEY:

No questions from us.

11:15:30

14

MR. CHORBA:

Counsel, what are the

11:15:33

15

arrangements with -- in terms of the transcript?

11:15:34

16

Regarding our case deadlines, if he needs 30 days or

11:15:37

17

even a little bit more, we are fine.

11:15:40

18

MR. KLEIN:

19

MR. CHORBA:

Regular is fine.
Regular.

11:15:43

So 30 days.

11:15:43

20

Delivered to Mr. Klein, I assume here.

21

have the opportunity to review and then once

11:15:51

22

finalized let us know.

11:15:54

23

That's it.

24

THE VIDEOGRAPHER:

25

Witness will

Thank you.

11:15:56

This will conclude

today's testimony given by David Shadpour.

11:15:44

The

11:16:00
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2

I, JARDENE L. PLATT, RPR, CSR No. 3724 in and
for the State of California, do hereby certify:

3

That prior to being examined, the witness named

4

in the foregoing deposition was by me duly sworn to

5

testify as to the truth, the whole truth, and nothing

6

but the truth.

7

That said deposition was taken before me at the

8

time and place therein set forth and was taken down by

9

me stenographically and thereafter transcribed via

10

computer-aided transcription under my direction and is

11

a true record of the testimony.

12
13

Before completion of the deposition, review of
the transcript [XX] was [ ] was not requested.

14

I further certify that I am neither counsel for,

15

nor related to, any party to said action, nor

16

interested in the outcome thereof.

17

IN WITNESS WHEREOF, I have hereunto subscribed

18

my name.

19

Dated:

October 14, 2015

20
21
22
23
24
25

<%signature%>
JARDENE L. PLATT, RPR, CSR No. 3724
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