Campbell et al v. Facebook Inc.

Filing 180

EXHIBITS re 179 Notice (Other),,, Exhibits to Joint Notice of Refiling of Documents Accompanying Class Certification Briefs and Evidentiary Objections filed byFacebook Inc.. (Attachments: # 1 Exhibit 26 (Unredacted), # 2 Exhibit 27 (Redacted), # 3 Exhibit 28 (Redacted), # 4 Exhibit 29 (Unredacted), # 5 Exhibit 30 (Redacted), # 6 Exhibit 31 (Redacted), # 7 Exhibit 32 (Redacted), # 8 Exhibit 33 (Unredacted), # 9 Exhibit 34 (Redacted), # 10 Exhibit 35 (Unredacted), # 11 Exhibit 36 (Unredacted), # 12 Exhibit 37 (Redacted), # 13 Exhibit 38 (Unredacted), # 14 Exhibit 39 (Unredacted), # 15 Exhibit 40 (Unredacted), # 16 Exhibit 41 (Unredacted), # 17 Exhibit 42 (Redacted), # 18 Exhibit 43 (Redacted), # 19 Exhibit 44 (Redacted), # 20 Exhibit 45 (Redacted), # 21 Exhibit 46 (Redacted), # 22 Exhibit 47 (Redacted), # 23 Exhibit 48 (Redacted), # 24 Exhibit 49 (Unredacted), # 25 Exhibit 50 (Unredacted))(Related document(s) 179 ) (Chorba, Christopher) (Filed on 3/28/2016)

EXHIBIT 6

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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MATTHEW CAMPBELL, MICHAEL

)

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HURLEY, and DAVID SHADPOUR,

) Case No.

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Plaintiffs,
vs.

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FACEBOOK, INC.,

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) C 13-05996 PJH (MEJ)

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Defendant.

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_____________________________)

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VIDEOTAPED DEPOSITION OF DAVID SHADPOUR

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THURSDAY, OCTOBER 1, 2015

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REPORTED BY:

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JARDENE L. PLATT,

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RPR, CSR No. 3724

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Job No. 2142485

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Pages 1-151
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followed up with plaintiffs' counsel at all between,

09:32:07

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again December-January time frame and the March time

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frame?

09:32:13

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A.

Yeah.

But I -- to help add some clarity

09:32:13

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on what was discussed earlier on record, it was a

09:32:16

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more passive conversation about leaving the claim.

09:32:18

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It only became more active around this time.

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Q.

What is -- you said "around this time."

Are you talking about July or March?

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A.

The March time, yeah.

09:32:26

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Q.

Can you describe what you mean by a more

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passive conversation.

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A.

Yeah.

09:32:32

"I would like to leave the claim.

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What's the best -- what's the best approach?"

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And --

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Q.

That was generally a conversation with

Mr. Portnoy?
A.

09:32:39

Yeah.

My conversations were exclusive to

Mr. Portnoy for majority of duration.
Q.

09:32:37

Understood.

But earlier you referenced

09:32:40
09:32:42
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conversations with Mr. Rudolph, Ms. Gardner and

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Mr. Diamand.

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A.

They were not involved in those?

That's correct.

They were involved in the

summer.
Q.

09:32:52
09:32:55

In the summer.

09:32:55
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A.

Yeah.

09:32:56

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Q.

Had you had, as far as you can recall, any

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conversations with Ms. Gardner or Mr. Rudolph or

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Mr. Diamand at any point up until March of 2015?

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A.

Not that I know of.

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Q.

You mentioned the conversations were

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passive but then they -- I forget which term you

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used -- but you --

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A.

Active.

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Q.

-- became more active in around the March

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time frame.

Is that right?

09:33:20

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A.

Yeah.

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Q.

At that point did you make any specific

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instructions to your counsel to have them dismiss

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you from the case?

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A.

Yeah.

I asked to be dismissed.

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Q.

Had you made that explicit request before

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March of 2015?

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A.

It's possible.

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Q.

At any point in time, going broad now, at

09:33:44

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any point in time, did anyone explain to you what

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Facebook sought in exchange for your withdrawal or

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dismissal from the case?

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A.

Yeah.

I believe the deposition.

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Q.

How about completing outstanding

09:33:59
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discovery?

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A.

It's possible.

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Q.

And were you willing to sit for a

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deposition in exchange for dismissal?

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A.

No.

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Q.

At any point in time did that desire

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change?

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A.

No.

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Q.

Fair enough.

09:34:15

Do you know that Facebook had requested

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A.

Yeah.

09:34:22

I'm aware of that.

MR. CHORBA:

09:34:25

Mark this Exhibit 17, I

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believe.

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09:34:12

your deposition early in the case?

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I am here.

09:34:43
(Deposition Exhibit 17 was marked for

identification and is attached hereto.)

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BY MR. CHORBA:

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Q.

Mr. Shadpour, the reporter has just handed

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you a document we have marked as Exhibit 17.

This

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is an email from David Rudolph addressed to me and

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my colleagues, copying Michael Sobol.

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So again, it's from -- to orient you, it's

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from plaintiffs' counsel to Facebook's counsel and

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it attaches a draft stipulation.

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April 30.

It's dated

09:35:16
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I, JARDENE L. PLATT, RPR, CSR No. 3724 in and
for the State of California, do hereby certify:

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That prior to being examined, the witness named

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in the foregoing deposition was by me duly sworn to

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testify as to the truth, the whole truth, and nothing

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but the truth.

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That said deposition was taken before me at the

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time and place therein set forth and was taken down by

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me stenographically and thereafter transcribed via

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computer-aided transcription under my direction and is

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a true record of the testimony.

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Before completion of the deposition, review of
the transcript [XX] was [ ] was not requested.

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I further certify that I am neither counsel for,

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nor related to, any party to said action, nor

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interested in the outcome thereof.

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IN WITNESS WHEREOF, I have hereunto subscribed

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my name.

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Dated:

October 14, 2015

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JARDENE L. PLATT, RPR, CSR No. 3724
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