Campbell et al v. Facebook Inc.

Filing 18

MOTION to Consolidate Cases 13-CV-05996 and 14-CV-00307 filed by Matthew Campbell, Michael Hurley. Responses due by 4/4/2014. Replies due by 4/11/2014. (Attachments: # 1 Declaration Michael W. Sobol, # 2 Exhibit A to Sobol Declaration, # 3 Declaration Hank Bates, # 4 Exhibit A to Bates Declaration, # 5 Declaration Jeremy Lieberman, # 6 Exhibit A to Lieberman Declaration, # 7 Proposed Order)(Gardner, Melissa) (Filed on 3/21/2014)

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

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Rachel Geman
[e-mail]
Nicholas Diamand
[e-mail]
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
250 Hudson Street, 8th Floor
New York, NY 10013-1413
Telephone: [phone]
Facsimile: 212.355.9592

Jeremy A. Lieberman
Lesley F. Portnoy
[e-mail]
POMERANTZ, LLP
600 Third Avenue, 20th Floor
New York, New York 10016
Telephone: [phone]
Facsimile: 212.661.8665
Patrick V. Dahlstrom
[e-mail]
POMERANTZ, LLP
10 S. La Salle Street, Suite 3505
Chicago, Illinois 60603
Telephone: [phone]
Facsimile: 312.377.1184
Attorneys for Plaintiff David
Shadpour

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Hank Bates (State Bar No. 167688)
[e-mail]
Allen Carney
[e-mail]
David Slade
[e-mail]
CARNEY BATES & PULLIAM, PLLC
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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United States District Court

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Northern District of California

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MATTHEW CAMPBELL and MICHAEL
HURLEY, on behalf of themselves and all
others similarly situated,

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Plaintiffs,

Case No. C 13-5996 PJH
DECLARATION OF HANK BATES IN
SUPPORT OF PLAINTIFFS’ MOTION TO
CONSOLIDATE RELATED ACTIONS
AND APPOINT INTERIM COUNSEL

v.
Judge:

Honorable Phyllis J. Hamilton

FACEBOOK, INC.,
Defendant.

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DECLARATION OF HANK BATES IN SUPPORT OF PLAINTIFFS’ MOTION TO CONSOLIDATE RELATED ACTIONS AND APPOINT
INTERIM COUNSEL

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I, Hank Bates, declare as follows:

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I am an attorney duly admitted to practice before all the courts of the State of

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California. I am a partner with the law firm Carney, Bates and Pulliam, PLLC (“CBP”), and I am

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one of the attorneys of record for Plaintiffs Matthew Campbell and Michael Hurley (“Plaintiffs”).

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This Declaration is based upon my personal knowledge and is made in support of Plaintiffs’

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Unopposed Motion to Consolidate Related Actions and Appoint Interim Counsel. If called as a

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witness to this matter, I could truthfully and competently testify as to all matters stated herein.

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2.

My firm has substantial experience in litigating class actions and similarly

complex matters, which includes serving in numerous leadership positions and securing hundreds

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of millions of dollars in benefits for class members. Attached hereto as Exhibit A is a true and

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correct copy of my firm’s resume, which provides details of my firm’s practice and achievements,

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particularly in the class action context.

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3.

Prior to filing Plaintiffs Campbell and Hurley’s initial complaint, my firm, along

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with Lieff, Cabraser, Heimann & Bernstein, LLP (“LCHB”), thoroughly investigated and

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researched all potential claims in this action. Based on this research and investigation, on

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December 30, 2013, CBP and LCHB caused a complaint to be filed on behalf of Plaintiffs

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Campbell and Hurley, and all others similarly situated, against Defendant Facebook, Inc.

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(“Facebook”), alleging violations of federal and state law based on Defendant’s practice of

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scanning its users’ private messages, which is styled Campbell et al. v. Facebook, Inc., No. 13-

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CV-05996 (N.D. Cal.).

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4.

On January 21, 2014, Pomerantz, LLP (“Pomerantz,” collectively referred to with

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CBP and LCHB as “Proposed Plaintiffs’ Executive Committee”) caused the filing of a similar

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case, styled Shadpour v. Facebook, No. 14-CV-00307 (N.D. Cal.).

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5.

Proposed Plaintiffs’ Executive Committee has worked cooperatively in this case in

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prosecuting the above-entitled actions (the “Related Actions”). The Related Actions are

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predicated on substantially similar factual allegations, and they assert the same state law claims.

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As such, it is CBP’s belief that consolidation will save the Court and the parties considerable time

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and expense. It is further CBP’s belief that the efficient and ordered management of the
-2DECLARATION OF HANK BATES IN SUPPORT OF PLAINTIFFS’ MOTION TO CONSOLIDATE RELATED ACTIONS AND APPOINT
INTERIM COUNSEL

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consolidated actions may be achieved by appointment of the Proposed Plaintiffs’ Executive

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Committee.

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In sum, as reflected by my firm’s resume and their efforts to date in this action,

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CBP consists of attorneys who are well-versed, experienced, and dedicated to prosecuting the

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claims alleged against Defendant in the best interests of all plaintiffs and the proposed Class.

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Moreover, CBP can, and will, contribute all necessary resources to this litigation, as well as work

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cooperatively with other Plaintiffs’ counsel and draw from their resources when appropriate.

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I declare under the penalty of perjury under the laws of the United States of America that
the foregoing is true and accurate.
Executed this 21st day of March, 2014 in Little Rock, Arkansas.

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/s/ Hank Bates
Hank Bates, Esq.

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DECLARATION OF HANK BATES IN SUPPORT OF PLAINTIFFS’ MOTION TO CONSOLIDATE RELATED ACTIONS AND APPOINT
INTERIM COUNSEL