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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1 2 3 4 5 Michael W. Sobol (State Bar No. 194857) Melissa Gardner (State Bar No. 289096) LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 275 Battery Street, 29th Floor San Francisco, CA 94111-3339 Telephone: 415.956.1000 Facsimile: 415.956.1008 6 7 8 9 10 Rachel Geman Nicholas Diamand LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 250 Hudson Street, 8th Floor New York, NY 10013-1413 Telephone: 212.355.9500 Facsimile: 212.355.9592 Jeremy A. Lieberman Lesley F. Portnoy POMERANTZ, LLP 600 Third Avenue, 20th Floor New York, New York 10016 Telephone: 212.661.1100 Facsimile: 212.661.8665 Patrick V. Dahlstrom POMERANTZ, LLP 10 S. La Salle Street, Suite 3505 Chicago, Illinois 60603 Telephone: 312.377.1181 Facsimile: 312.377.1184 Attorneys for Plaintiff David Shadpour 11 12 13 14 15 16 Hank Bates (State Bar No. 167688) Allen Carney David Slade CARNEY BATES & PULLIAM, PLLC 11311 Arcade Drive Little Rock, AR 72212 Telephone: 501.312.8500 Facsimile: 501.312.8505 17 18 Attorneys for Plaintiffs Matthew Campbell and Michael Hurley 19 United States District Court 20 Northern District of California 21 22 MATTHEW CAMPBELL and MICHAEL HURLEY, on behalf of themselves and all others similarly situated, 23 24 25 26 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. 27 28 DECLARATION OF HANK BATES IN SUPPORT OF PLAINTIFFS’ MOTION TO CONSOLIDATE RELATED ACTIONS AND APPOINT INTERIM COUNSEL 1 I, Hank Bates, declare as follows: 2 1. I am an attorney duly admitted to practice before all the courts of the State of 3 California. I am a partner with the law firm Carney, Bates and Pulliam, PLLC (“CBP”), and I am 4 one of the attorneys of record for Plaintiffs Matthew Campbell and Michael Hurley (“Plaintiffs”). 5 This Declaration is based upon my personal knowledge and is made in support of Plaintiffs’ 6 Unopposed Motion to Consolidate Related Actions and Appoint Interim Counsel. If called as a 7 witness to this matter, I could truthfully and competently testify as to all matters stated herein. 8 9 2. My firm has substantial experience in litigating class actions and similarly complex matters, which includes serving in numerous leadership positions and securing hundreds 10 of millions of dollars in benefits for class members. Attached hereto as Exhibit A is a true and 11 correct copy of my firm’s resume, which provides details of my firm’s practice and achievements, 12 particularly in the class action context. 13 3. Prior to filing Plaintiffs Campbell and Hurley’s initial complaint, my firm, along 14 with Lieff, Cabraser, Heimann & Bernstein, LLP (“LCHB”), thoroughly investigated and 15 researched all potential claims in this action. Based on this research and investigation, on 16 December 30, 2013, CBP and LCHB caused a complaint to be filed on behalf of Plaintiffs 17 Campbell and Hurley, and all others similarly situated, against Defendant Facebook, Inc. 18 (“Facebook”), alleging violations of federal and state law based on Defendant’s practice of 19 scanning its users’ private messages, which is styled Campbell et al. v. Facebook, Inc., No. 13- 20 CV-05996 (N.D. Cal.). 21 4. On January 21, 2014, Pomerantz, LLP (“Pomerantz,” collectively referred to with 22 CBP and LCHB as “Proposed Plaintiffs’ Executive Committee”) caused the filing of a similar 23 case, styled Shadpour v. Facebook, No. 14-CV-00307 (N.D. Cal.). 24 5. Proposed Plaintiffs’ Executive Committee has worked cooperatively in this case in 25 prosecuting the above-entitled actions (the “Related Actions”). The Related Actions are 26 predicated on substantially similar factual allegations, and they assert the same state law claims. 27 As such, it is CBP’s belief that consolidation will save the Court and the parties considerable time 28 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 1 consolidated actions may be achieved by appointment of the Proposed Plaintiffs’ Executive 2 Committee. 3 6. In sum, as reflected by my firm’s resume and their efforts to date in this action, 4 CBP consists of attorneys who are well-versed, experienced, and dedicated to prosecuting the 5 claims alleged against Defendant in the best interests of all plaintiffs and the proposed Class. 6 Moreover, CBP can, and will, contribute all necessary resources to this litigation, as well as work 7 cooperatively with other Plaintiffs’ counsel and draw from their resources when appropriate. 8 9 10 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. 11 /s/ Hank Bates Hank Bates, Esq. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- DECLARATION OF HANK BATES IN SUPPORT OF PLAINTIFFS’ MOTION TO CONSOLIDATE RELATED ACTIONS AND APPOINT INTERIM COUNSEL

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