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)

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EXHIBIT 6 1 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 OAKLAND DIVISION 4 5 MATTHEW CAMPBELL, MICHAEL ) 6 HURLEY, and DAVID SHADPOUR, ) Case No. 7 8 9 Plaintiffs, vs. 11 ) FACEBOOK, INC., 10 ) C 13-05996 PJH (MEJ) ) Defendant. ) _____________________________) 12 13 14 15 VIDEOTAPED DEPOSITION OF DAVID SHADPOUR 16 THURSDAY, OCTOBER 1, 2015 17 18 19 20 REPORTED BY: 21 JARDENE L. PLATT, 22 RPR, CSR No. 3724 23 Job No. 2142485 24 25 Pages 1-151 Page 1 Veritext Legal Solutions 877-955-3855 1 followed up with plaintiffs' counsel at all between, 09:32:07 2 again December-January time frame and the March time 09:32:09 3 frame? 09:32:13 4 A. Yeah. But I -- to help add some clarity 09:32:13 5 on what was discussed earlier on record, it was a 09:32:16 6 more passive conversation about leaving the claim. 09:32:18 7 It only became more active around this time. 09:32:20 8 9 Q. What is -- you said "around this time." Are you talking about July or March? 09:32:23 09:32:25 10 A. The March time, yeah. 09:32:26 11 Q. Can you describe what you mean by a more 09:32:29 12 passive conversation. 13 A. Yeah. 09:32:32 "I would like to leave the claim. 09:32:33 14 What's the best -- what's the best approach?" 09:32:34 15 And -- 09:32:36 16 17 18 19 20 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 09:32:45 21 conversations with Mr. Rudolph, Ms. Gardner and 09:32:47 22 Mr. Diamand. 09:32:50 23 24 25 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 Page 67 Veritext Legal Solutions 877-955-3855 1 A. Yeah. 09:32:56 2 Q. Had you had, as far as you can recall, any 09:32:57 3 conversations with Ms. Gardner or Mr. Rudolph or 09:32:59 4 Mr. Diamand at any point up until March of 2015? 09:33:02 5 A. Not that I know of. 09:33:06 6 Q. You mentioned the conversations were 09:33:12 7 passive but then they -- I forget which term you 09:33:14 8 used -- but you -- 09:33:17 9 A. Active. 09:33:18 10 Q. -- became more active in around the March 09:33:18 11 time frame. Is that right? 09:33:20 12 A. Yeah. 09:33:21 13 Q. At that point did you make any specific 09:33:24 14 instructions to your counsel to have them dismiss 09:33:28 15 you from the case? 09:33:31 16 A. Yeah. I asked to be dismissed. 09:33:33 17 Q. Had you made that explicit request before 18 March of 2015? 09:33:38 19 A. It's possible. 09:33:40 20 Q. At any point in time, going broad now, at 09:33:44 09:33:36 21 any point in time, did anyone explain to you what 09:33:47 22 Facebook sought in exchange for your withdrawal or 09:33:51 23 dismissal from the case? 09:33:54 24 A. Yeah. I believe the deposition. 09:33:55 25 Q. How about completing outstanding 09:33:59 Page 68 Veritext Legal Solutions 877-955-3855 1 discovery? 09:34:02 2 A. It's possible. 09:34:02 3 Q. And were you willing to sit for a 09:34:04 4 deposition in exchange for dismissal? 09:34:06 5 A. No. 09:34:08 6 Q. At any point in time did that desire 09:34:09 7 change? 09:34:12 8 A. No. 9 Q. Fair enough. 09:34:15 Do you know that Facebook had requested 09:34:20 10 11 12 A. Yeah. 09:34:22 I'm aware of that. MR. CHORBA: 09:34:25 Mark this Exhibit 17, I 09:34:42 believe. 15 16 09:34:12 your deposition early in the case? 13 14 I am here. 09:34:43 (Deposition Exhibit 17 was marked for identification and is attached hereto.) 17 BY MR. CHORBA: 18 Q. Mr. Shadpour, the reporter has just handed 09:34:57 19 you a document we have marked as Exhibit 17. This 09:34:59 20 is an email from David Rudolph addressed to me and 09:35:01 21 my colleagues, copying Michael Sobol. 09:35:04 22 So again, it's from -- to orient you, it's 09:35:07 23 from plaintiffs' counsel to Facebook's counsel and 09:35:10 24 it attaches a draft stipulation. 09:35:13 25 April 30. It's dated 09:35:16 Page 69 Veritext Legal Solutions 877-955-3855 1 2 I, JARDENE L. PLATT, RPR, CSR No. 3724 in and for the State of California, do hereby certify: 3 That prior to being examined, the witness named 4 in the foregoing deposition was by me duly sworn to 5 testify as to the truth, the whole truth, and nothing 6 but the truth. 7 That said deposition was taken before me at the 8 time and place therein set forth and was taken down by 9 me stenographically and thereafter transcribed via 10 computer-aided transcription under my direction and is 11 a true record of the testimony. 12 13 Before completion of the deposition, review of the transcript [XX] was [ ] was not requested. 14 I further certify that I am neither counsel for, 15 nor related to, any party to said action, nor 16 interested in the outcome thereof. 17 IN WITNESS WHEREOF, I have hereunto subscribed 18 my name. 19 Dated: October 14, 2015 20 21 22 23 24 25 <%signature%> JARDENE L. PLATT, RPR, CSR No. 3724 Page 151 Veritext Legal Solutions 877-955-3855

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