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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Michael W. Sobol (State Bar No. 194857)
[e-mail]
David T. Rudolph (State Bar No. 233457)
[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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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 and the Proposed Class

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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,

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Plaintiff,
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Case No. C 13-05996 PJH (MEJ)
SUPPLEMENTAL DECLARATION OF
MELISSA GARDNER IN SUPPORT OF
PLAINTIFFS’ MOTION FOR CLASS
CERTIFICATION

v.
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FACEBOOK, INC.,
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Hearing: March 16, 2016, 9:00 a.m.
Location: Courtroom 3, 3rd Floor
Judge:
Honorable Phyllis J. Hamilton

Defendant.
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DECLARATION OF MELISSA GARDNER IN
SUPPORT OF MOT. FOR CLASS CERT.
CASE NO. 13-CV-05996-PJH (MEJ)

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I, Melissa Gardner, declare:

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1.

I am an attorney in the law firm of Lieff, Cabraser, Heimann & Bernstein, LLP,

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and a member of the State Bar of California. I am admitted to practice before this Court. I am

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one of the counsel for Plaintiffs in this action. I make this declaration based upon my own

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personal knowledge. If called upon to testify, I could and would testify competently to the truth

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of the matters stated herein.

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2.

I submit this declaration regarding David Shadpour’s representation by Lieff

Cabraser Heimann & Bernstein (LCHB), and Carney Bates and Pulliam (CBP).
3.

LCHB and CBP had no relationship with Mr. Shadpour at the time he filed his

original complaint in this action.
4.

After Mr. Shadpour and his counsel, Pomerantz LLP, became involved in this

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action, LCHB and CBP sent copies of major pleadings to Pomerantz prior to filing, including the

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Consolidated Amended Complaint, and Plaintiffs’ Opposition to Facebook’s Motion to Dismiss.

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5.

On February 5, I emailed counsel at Pomerantz to coordinate the process of

responding to discovery that had been served on January 26.
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On March 2, LCHB and CBP learned for the first time that Mr. Shadpour wished

to withdraw as a plaintiff.
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On March 17 during a meet and confer, David Rudolph of LCHB informed

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defense counsel that Mr. Shadpour intended to withdraw, and asked if Facebook would stipulate

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to his withdrawal. Facebook’s counsel responded that they needed to confer with their client, but

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that Facebook could not stipulate to Mr. Shadpour’s withdrawal until he responded to outstanding

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discovery requests and sat for a deposition. Discovery responses were secured from Mr.

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Shadpour and provided to Facebook on April 1.

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8.

On April 16, Facebook sent LCHB and CBP a notice of deposition for Mr.

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Shadpour, which LCHB forwarded to Mr. Portnoy. However, Mr. Shadpour was not willing to

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be deposed. (Shadpour Dep. 68:20-69:8).

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9.

In the interest of avoiding unnecessary delay, LCHB drafted a stipulation to effect

Mr. Shadpour’s dismissal. Mr. Rudolph emailed the stipulation to defense counsel on April 30.
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DECLARATION OF MELISSA GARDNER IN
SUPPORT OF MOT. FOR CLASS CERT.
CASE NO. 13-CV-05996-PJH (MEJ)

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On May 5, defense counsel responded that they would not stipulate to Mr. Shadpour’s dismissal

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until he sat for a deposition.

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10.

Following that refusal, LCHB promptly drafted a motion to dismiss Mr.

Shadpour’s claims without discovery conditions.
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Subsequently on May 28, I, along with Nick Diamand of LCHB and Hank Bates

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of CBP, spoke directly with Mr. Shadpour. On May 31, Mr. Shadpour informed me that he

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intended to seek new representation.

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12.

From late May until Mr. Shadpour retained separate counsel around August 12, I

sent copies of all pertinent pleadings directly to Mr. Shadpour’s personal email address, and kept

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him apprised of upcoming deadlines and the status of his withdrawal from the case. Mr.

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Shadpour had my personal cell phone number and occasionally contacted me.

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Also until Mr. Shadpour retained separate counsel, LCHB and CBP continued to

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litigate Mr. Shadpour’s right to dismiss his claims without providing additional discovery or a

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deposition. For example, on June 3, 2015, when Facebook initiated a joint discovery letter brief

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seeking to compel Mr. Shadpour’s discovery and deposition testimony, interim class counsel

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challenged Facebook’s assumption that it was entitled to impose discovery conditions on a

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plaintiff under these circumstances. (See Dkt. 89). I emailed drafts of the letter brief to Mr.

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Shadpour as the parties exchanged their positions. The introduction in Facebook’s initial draft

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stated, “Plaintiffs’ counsel has been unable to reach Mr. Shadpour and oppose the requested

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relief.” I believe that this is why, at his deposition, Mr. Shadpour responded affirmatively when

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defense counsel asked “Were you aware that plaintiffs’ counsel told counsel for Facebook that

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they had lost contact with you?” (Shadpour Dep. 59:14-17). Because it was erroneous, LCHB

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deleted that statement by Facebook in the draft of the joint letter brief sent to Facebook’s counsel

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on June 9. It did not appear in the letter brief filed with the Court. (Dkt. 89).

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I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.

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DECLARATION OF MELISSA GARDNER IN
SUPPORT OF MOT. FOR CLASS CERT.
CASE NO. 13-CV-05996-PJH (MEJ)

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Executed this 19th day of February, 2016, in New York, New York.

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LIEFF CABRASER HEIMANN & BERNSTEIN, LLP

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By:

/s/Melissa Gardner
Melissa Gardner

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DECLARATION OF MELISSA GARDNER IN
SUPPORT OF MOT. FOR CLASS CERT.
CASE NO. 13-CV-05996-PJH (MEJ)