Campbell et al v. Facebook Inc.
Filing
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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)
msobol@lchb.com
David T. Rudolph (State Bar No. 233457)
drudolph@lchb.com
Melissa Gardner (State Bar No. 289096)
mgardner@lchb.com
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: 415.956.1000
Facsimile: 415.956.1008
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Hank Bates (State Bar No. 167688)
hbates@cbplaw.com
Allen Carney
acarney@cbplaw.com
David Slade
dslade@cbplaw.com
CARNEY BATES & PULLIAM, PLLC
11311 Arcade Drive
Little Rock, AR 72212
Telephone: 501.312.8500
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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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).
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LCHB and CBP had no relationship with Mr. Shadpour at the time he filed his
original complaint in this action.
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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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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)
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