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 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 MATTHEW CAMPBELL and MICHAEL HURLEY, on behalf of themselves and all others similarly situated, Case No. C 13-5996 PJH [PROPOSED ORDER NO. 1] CONSOLIDATING RELATED ACTIONS AND APPOINTING INTERIM COUNSEL 13 Plaintiffs, 14 v. 15 FACEBOOK, INC., 16 Defendant. 17 18 The Court has read and considered the views and proposals of the parties as set forth in 19 Plaintiffs’ Motion to Consolidate Related Actions and Appoint Interim Counsel, and, good cause 20 appearing, the Court ORDERS as follows: 21 22 I. Consolidation of Related Actions 1. This order shall govern the following actions: Campbell et al. v. Facebook, 23 Inc., No. 13-CV-05996 (N.D. Cal.), the related case Shadpour v. Facebook, Inc., No. 13-CV24 00307 (N.D. Cal.), and any related actions subsequently filed in this Court, or otherwise 25 transferred or removed to this Court (collectively, “the Actions”). The Actions are hereby 26 consolidated for all purposes pursuant to Fed. R. Civ. P. 42(a). 27 28 1162279.2 1 [PROPOSED] ORDER NO. 1 CASE NOS. 13-CV-05996, 13-CV-00307 1 II. Organization of Plaintiffs’ Counsel 2. 2 Plaintiffs’ Executive Committee. The Court appoints an Executive 3 Committee composed of the following Plaintiffs’ Counsel for purposes of prosecution, settlement, 4 or mediation of the Actions (“the Litigation”): 5 Lieff Cabraser Heimann & Bernstein, LLP 275 Battery Street, 29th Floor San Francisco, CA 94111-3339 Telephone: 415.956.1000 6 7 Carney Bates & Pulliam, PLLC 11311 Arcade Drive Little Rock, AR 72212 Telephone: 501.312.8500 8 9 10 Pomerantz, LLP 600 Third Avenue, 20th Floor New York, New York 10016 Telephone: 212.661.1100 11 12 3. 13 14 Bernstein, LLP, and Carney, Bates, & Pulliam, PLLC, together, to serve as Co-Lead Counsel. 4. 15 16 Co-Lead Counsel. The Court appoints Lieff, Cabraser, Heimann & Plaintiffs’ Liaison Counsel. The Court appoints Lieff, Cabraser, Heimann & Bernstein, LLP to serve as Plaintiffs’ Liaison Counsel. 17 5. 18 Committee shall: 19 Duties of Plaintiffs’ Executive Committee. Plaintiffs’ Executive (a) Consult on all major strategic decisions in the Litigation; (b) Fund the necessary and appropriate costs of discovery and other 20 21 common benefit efforts; 22 23 (c) 24 Maintain adequate time and disbursement records covering services as designated counsel; and 25 (d) 26 Encourage full cooperation and efficiency among all Plaintiffs’ counsel. 27 6. 28 1162279.2 Duties of Co-Lead Counsel. Co-Lead Counsel shall: 2 [PROPOSED] ORDER NO. 1 CASE NOS. 13-CV-05996, 13-CV-00307 1 (a) Serve as the sole spokespersons on behalf of the Plaintiffs and the 2 class at all court appearances or mediation sessions in the 3 Litigation; 4 (b) Serve as the sole contact persons between Plaintiffs’ counsel and 5 Defendant’s counsel regarding the prosecution, mediation, or 6 settlement of the Litigation. 7 8 (c) 9 Serve as the sole spokespersons for Plaintiffs’ counsel appearing in any subsequently filed cases which are related, coordinated, or 10 consolidated with the Litigation; 11 (d) Schedule and lead meetings of Plaintiffs’ Executive Committee or 12 of other Plaintiffs’ counsel; 13 14 (e) 15 Enter into stipulations with opposing counsel, as necessary, for the conduct of the Litigation. 16 (f) Coordinate and assign all work among Plaintiffs’ counsel, including 17 responsibilities for: 18 19 i. briefing and argument of motions; ii. the initiating and obtaining discovery propounded by 20 21 Plaintiffs; 22 23 iii. responding to discovery propounded to Plaintiffs; iv. briefing and conducting mediation or settlement; v. pretrial preparation; vi. trial; 24 25 26 27 28 1162279.2 3 [PROPOSED] ORDER NO. 1 CASE NOS. 13-CV-05996, 13-CV-00307 1 vii. post-trial proceedings; and viii. prosecuting or defending any appeal. 2 3 7. Duties of Plaintiffs’ Liaison Counsel. Plaintiffs’ Liaison Counsel shall 4 have exclusive responsibility for filing all motions or any other pleading with the Court. In 5 addition, Plaintiffs’ Liaison Counsel shall: 6 (a) Maintain an up-to-date, comprehensive Service List of Plaintiffs in 7 the litigation and promptly advise the Court and Defendant’s 8 counsel of changes to Plaintiffs’ Service List; 9 (b) Receive and distribute to Plaintiffs’ counsel, as appropriate, Orders, 10 notices, and correspondence from the Court, to the extent such 11 documents are not electronically filed; 12 (c) Receive and distribute to Plaintiffs’ counsel, as appropriate, 13 discovery pleadings and correspondence and other documents from 14 Defendant’s counsel that are not electronically filed; 15 (d) Maintain a file-endorsed copy of this Order No. 1, and serve the 16 same on the parties and/or their attorneys in any actions later 17 instituted in, removed to, or transferred to, these proceedings; and 18 (e) Communicate with the Court, on behalf of the Plaintiffs’ Executive 19 Committee, concerning scheduling and other administrative 20 matters. 21 8. Interim Class Counsel. Lieff Cabraser Heimann & Bernstein, LLP, Carney 22 Bates & Pulliam, PLLC, and Pomerantz LLP, together, shall serve as Interim Class Counsel 23 pursuant to Fed. R. Civ. P. 23(g)(2)(A) until further order of the Court. 24 IT IS SO ORDERED. 25 26 27 Dated: By: Phyllis J. Hamilton, JUDGE UNITED STATES DISTRICT COURT 28 1162279.2 4 [PROPOSED] ORDER NO. 1 CASE NOS. 13-CV-05996, 13-CV-00307

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