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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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,

Case No. C 13-5996 PJH
[PROPOSED ORDER NO. 1]
CONSOLIDATING RELATED ACTIONS
AND APPOINTING INTERIM COUNSEL

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Plaintiffs,
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v.
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FACEBOOK, INC.,
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Defendant.
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The Court has read and considered the views and proposals of the parties as set forth in
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Plaintiffs’ Motion to Consolidate Related Actions and Appoint Interim Counsel, and, good cause
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appearing, the Court ORDERS as follows:
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I.

Consolidation of Related Actions
1.

This order shall govern the following actions: Campbell et al. v. Facebook,

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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
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transferred or removed to this Court (collectively, “the Actions”). The Actions are hereby
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consolidated for all purposes pursuant to Fed. R. Civ. P. 42(a).
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1162279.2

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[PROPOSED] ORDER NO. 1
CASE NOS. 13-CV-05996, 13-CV-00307

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II.

Organization of Plaintiffs’ Counsel
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Plaintiffs’ Executive Committee. The Court appoints an Executive

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Committee composed of the following Plaintiffs’ Counsel for purposes of prosecution, settlement,

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or mediation of the Actions (“the Litigation”):

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Lieff Cabraser Heimann & Bernstein, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: [phone]

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Carney Bates & Pulliam, PLLC
11311 Arcade Drive
Little Rock, AR 72212
Telephone: [phone]

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Pomerantz, LLP
600 Third Avenue, 20th Floor
New York, New York 10016
Telephone: [phone]

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3.

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Bernstein, LLP, and Carney, Bates, & Pulliam, PLLC, together, to serve as Co-Lead Counsel.
4.

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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.

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5.

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Committee shall:

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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

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common benefit efforts;

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(c)

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Maintain adequate time and disbursement records covering services
as designated counsel; and

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(d)

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Encourage full cooperation and efficiency among all Plaintiffs’
counsel.

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6.

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1162279.2

Duties of Co-Lead Counsel. Co-Lead Counsel shall:
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[PROPOSED] ORDER NO. 1
CASE NOS. 13-CV-05996, 13-CV-00307

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(a)

Serve as the sole spokespersons on behalf of the Plaintiffs and the

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class at all court appearances or mediation sessions in the

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Litigation;

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(b)

Serve as the sole contact persons between Plaintiffs’ counsel and

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Defendant’s counsel regarding the prosecution, mediation, or
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settlement of the Litigation.
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(c)

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Serve as the sole spokespersons for Plaintiffs’ counsel appearing in
any subsequently filed cases which are related, coordinated, or

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consolidated with the Litigation;

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(d)

Schedule and lead meetings of Plaintiffs’ Executive Committee or

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of other Plaintiffs’ counsel;
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(e)

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Enter into stipulations with opposing counsel, as necessary, for the
conduct of the Litigation.

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(f)

Coordinate and assign all work among Plaintiffs’ counsel, including

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responsibilities for:
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i.

briefing and argument of motions;

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the initiating and obtaining discovery propounded by

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Plaintiffs;
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iii.

responding to discovery propounded to Plaintiffs;

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briefing and conducting mediation or settlement;

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pretrial preparation;

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trial;

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1162279.2

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[PROPOSED] ORDER NO. 1
CASE NOS. 13-CV-05996, 13-CV-00307

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vii.

post-trial proceedings; and

viii.

prosecuting or defending any appeal.

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7.

Duties of Plaintiffs’ Liaison Counsel. Plaintiffs’ Liaison Counsel shall

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have exclusive responsibility for filing all motions or any other pleading with the Court. In
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addition, Plaintiffs’ Liaison Counsel shall:
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(a)

Maintain an up-to-date, comprehensive Service List of Plaintiffs in

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the litigation and promptly advise the Court and Defendant’s
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counsel of changes to Plaintiffs’ Service List;
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(b)

Receive and distribute to Plaintiffs’ counsel, as appropriate, Orders,

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notices, and correspondence from the Court, to the extent such
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documents are not electronically filed;
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(c)

Receive and distribute to Plaintiffs’ counsel, as appropriate,

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discovery pleadings and correspondence and other documents from
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Defendant’s counsel that are not electronically filed;
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(d)

Maintain a file-endorsed copy of this Order No. 1, and serve the

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same on the parties and/or their attorneys in any actions later
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instituted in, removed to, or transferred to, these proceedings; and
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(e)

Communicate with the Court, on behalf of the Plaintiffs’ Executive

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Committee, concerning scheduling and other administrative
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matters.
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8.

Interim Class Counsel. Lieff Cabraser Heimann & Bernstein, LLP, Carney

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Bates & Pulliam, PLLC, and Pomerantz LLP, together, shall serve as Interim Class Counsel
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pursuant to Fed. R. Civ. P. 23(g)(2)(A) until further order of the Court.
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IT IS SO ORDERED.
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Dated:

By:
Phyllis J. Hamilton, JUDGE
UNITED STATES DISTRICT COURT

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1162279.2

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[PROPOSED] ORDER NO. 1
CASE NOS. 13-CV-05996, 13-CV-00307