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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DAVID SHADPOUR, on behalf of himself
and all others similarly situated,
Plaintiffs,

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v.

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Case No. 14-CV-00307-PJH
DECLARATION OF JEREMY A.
LIEBERMAN IN SUPPORT OF
PLAINTIFFS’ MOTION TO
CONSOLIDATE RELATED ACTIONS
AND APPOINT INTERIM COUNSEL

FACEBOOK, INC.,
Judge:

Honorable Phyllis J. Hamilton

Defendant.

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{00125820;1 }

DECLARATION OF JEREMY A. LIEBERMAN IN SUPPORT OF PLAINTIFFS’ MOTION TO CONSOLIDATE RELATED ACTIONS AND
APPOINT INTERIM COUNSEL

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I, Jeremy A. Lieberman, declare as follows:

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I am a partner with the law firm Pomerantz, LLP (“Pomerantz”), and I am one of

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the attorneys of record for Plaintiff David Shadpour (“Plaintiff”). This Declaration is based upon

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my personal knowledge and is made in support of Plaintiff’s Motion to Consolidate Related

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Actions and Appoint Interim Counsel. If called as a witness to this matter, I could truthfully and

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competently testify as to all matters stated herein.

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2.

My firm has substantial experience in litigating class actions and similarly

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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.

On December 30, 2013, the law firms of Carney, Bates and Pulliam, PLLC

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(“CBP”) and Lieff, Cabraser, Heimann & Bernstein, LLP (“LCHB”, and collectively referred to

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with Pomerantz and CBP as “Proposed Plaintiffs’ Executive Committee”) caused a complaint to

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be filed on behalf of Plaintiffs Campbell and Hurley, and all others similarly situated, against

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

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Defendant’s practice of scanning its users’ private messages, which is styled Campbell et al. v.

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Facebook, Inc., No. 13-CV-05996 (N.D. Cal.).

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4.

Prior to filing Plaintiff Shadpour’s initial complaint, my firm investigated and

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

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21, 2014, Pomerantz caused a complaint to be filed on behalf of Plaintiff Shadpour, and all others

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similarly situated, against Defendant Facebook, Inc. (“Facebook”), alleging violations of federal

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and state law based on Defendant’s practice of scanning its users’ private messages, which is

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styled Shadpour et al. v. Facebook, Inc., No. 14-CV-0307 (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”).

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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 Pomerantz’s belief that consolidation will save the Court and the parties
{00125820;1 }
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The Related Actions are

DECLARATION OF JEREMY A. LIEBERMAN IN SUPPORT OF PLAINTIFFS’ MOTION TO CONSOLIDATE RELATED ACTIONS AND
APPOINT INTERIM COUNSEL

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considerable time and expense. It is further Pomerantz’s belief that the efficient and ordered

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management of the consolidated actions may be achieved by appointment of the Proposed

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Plaintiffs’ Executive Committee.

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6.

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

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

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

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

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

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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 New York, NY.

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/s/ Jeremy A. Lieberman
Jeremy A. Lieberman, Esq.

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{00125820;1 }

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DECLARATION OF JEREMY A. LIEBERMAN IN SUPPORT OF PLAINTIFFS’ MOTION TO CONSOLIDATE RELATED ACTIONS AND
APPOINT INTERIM COUNSEL