Campbell et al v. Facebook Inc.

Filing 182

EXHIBITS re 181 Administrative Motion to Seal Documents Accompanying Class Certification Briefs and Evidentiary Objections filed by Facebook Inc.. (Attachments: # 1 Exhibit 11 (Unredacted), # 2 Exhibit 12 (Redacted), # 3 Exhibit 13 (Unredacted), # 4 Exhibit 14 (Redacted), # 5 Exhibit 15 (Unredacted), # 6 Exhibit 16 (Redacted), # 7 Exhibit 17 (Unredacted), # 8 Exhibit 18 (Redacted), # 9 Exhibit 19 (Unredacted), # 10 Exhibit 20 (Redacted), # 11 Exhibit 21 (Unredacted), # 12 Exhibit 22 (Redacted), # 13 Exhibit 23 (Unredacted), # 14 Exhibit 24 (Redacted), # 15 Exhibit 25 (Unredacted), # 16 Exhibit 26 (Redacted), # 17 Exhibit 27 (Unredacted), # 18 Exhibit 28 (Redacted))(Related document(s) 181 ) (Chorba, Christopher) (Filed on 3/28/2016) Modified on 3/29/2016 (kcS, COURT STAFF).

EXHIBIT O5

CONFIDENTIAL
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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
Rachel Geman
[e-mail]
Nicholas Diamand
[e-mail]
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
250 Hudson Street, 8th Floor
New York, NY 10013-1413
Telephone: [phone]
Facsimile: 212.355.9592

Jeremy A. Lieberman
Lesley F. Portnoy
[e-mail]
POMERANTZ, LLP
600 Third Avenue, 20th Floor
New York, New York 10016
Telephone: [phone]
Facsimile: 212.661.8665
Patrick V. Dahlstrom
[e-mail]
POMERANTZ, LLP
10 S. La Salle Street, Suite 3505
Chicago, Illinois 60603
Telephone: [phone]
Facsimile: 312.377.1184

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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OAKLAND DIVISION

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MATTHEW CAMPBELL, MICHAEL
HURLEY, and DAVID SHADPOUR,

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Plaintiffs,
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`

v.

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Case No. C 13-05996 PJH
PLAINTIFF MATTHEW CAMPBELL’S
CORRECTED OBJECTIONS AND
RESPONSES TO DEFENDANT
FACEBOOK, INC.’S FIRST SET OF
INTERROGATORIES

FACEBOOK, INC.,
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Defendant.
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PLAINTIFF CAMPBELL’S
CORRECTED RESPONSES TO
FACEBOOK’S 1ST SET OF ROGS

CONFIDENTIAL
1

PROPOUNDING PARTY:

FACEBOOK, INC.

2

RESPONDING PARTY:

MATTHEW CAMPBELL, on behalf of himself and
all others similarly situated

SET NO.:

ONE (1)

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4
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Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure, Plaintiff Matthew

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Campbell hereby serves his corrected objections and responses to Defendant Facebook Inc.’s

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First Set of Interrogatories (“Interrogatories”). These responses are designated “Confidential”

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under the terms of the draft of the Stipulated Protective Order sent by Plaintiffs to Defendant on

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March 11, 2015.

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GENERAL OBJECTIONS

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1.

Plaintiff objects to each of Defendant’s Interrogatories to the extent that they,

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individually or cumulatively, purport to impose on Plaintiff duties and obligations which exceed,

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or are different, than those imposed on him by the Federal Rules of Civil Procedure or the Local

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Rules of the Court.

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2.

Plaintiff generally objects to each Interrogatory to the extent it purports to seek

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information covered by the attorney-client privilege, the work product privilege, or any other

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applicable privilege or immunity. Plaintiff further objects to each Interrogatory to the extent that

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it seeks information prepared in anticipation of litigation or for trial of this or any matter.

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Plaintiff will provide any information that he believes is non-privileged and is otherwise properly

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discoverable. By providing such information, Plaintiff does not waive any privileges. To the

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extent that an Interrogatory may be construed as seeking such privileged or protected information

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or documents, Plaintiff hereby claims such privilege and invokes such protection. The fact that

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Plaintiff does not specifically object to an individual Interrogatory on the ground that it seeks

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such privileged or protected information shall not be deemed a waiver of the protection afforded

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by the attorney-client privilege, the attorney work product doctrine, or any other applicable

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privilege or protection.

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-1-

PLAINTIFF CAMPBELL’S
CORRECTED RESPONSES TO
FACEBOOK’S 1ST SET OF ROGS

CONFIDENTIAL
1

3.

Plaintiff and Plaintiff’s counsel have not completed their investigation of the facts

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related to this case and have not completed their preparation for trial. Thus, the following

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responses are based on discovery and investigations that are ongoing and not yet complete.

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Plaintiff reserves the right to update, amend or supplement these responses. These responses are

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made without prejudice to Plaintiff’s right to utilize subsequently discovered evidence at trial or

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in connection with pretrial proceedings, or to amend these responses in the event that any

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information is subsequently acquired or learned by Plaintiff or inadvertently omitted in these

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responses.

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4.

Plaintiff generally objects to each Interrogatory to the extent that it is vague and/or

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ambiguous. Where possible, however, Plaintiff will make reasonable assumptions as to

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Defendant’s intended meaning and will respond accordingly, while preserving his objections as to

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vagueness, ambiguity, and uncertainty.

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5.

Plaintiff objects to each Interrogatory or Instruction which seeks information that

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is neither relevant nor material to the subject matter of this action, nor reasonably calculated to

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lead to the discovery of admissible evidence.

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6.

Plaintiff objects to each Interrogatory which seeks identification of facts not in

Plaintiff’s possession, custody or control.
7.

Plaintiff objects to each Interrogatory to the extent it requires the production of

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information already produced to Defendant or within the possession, custody or control of third

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parties or public records, and therefore equally available to Defendant.

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8.

Plaintiff asserts these objections without waiving or intending to waive any

objections as to competency, relevancy, materiality, or privilege.
9.

Plaintiff objects to each Interrogatory to the extent that it calls for a legal

conclusion.
10.

Plaintiff states these objections without waiving or intending to waive, but on the

contrary preserving and intending to preserve:
a.

all objections to genuineness, foundation, competency, relevancy,

materiality, privilege and admissibility as evidence for any purpose of materials produced in
-2-

PLAINTIFF CAMPBELL’S
CORRECTED RESPONSES TO
FACEBOOK’S 1ST SET OF ROGS

CONFIDENTIAL
1

response to the Interrogatories, or subject matter thereof, in any subsequent proceeding in, or the

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trial of, this or any action;

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b.

the right to object on any permissible ground to the use of any materials, or

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the subject matter thereof, in any subsequent proceeding in, or the trial of, this or any other

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action; and

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c.

the right to object on any basis permitted by law to any other discovery

request or proceeding involving or relating to the subject matter of these objections.
RESPONSES TO DEFENDANT’S FIRST SET OF INTERROGATORIES
INTERROGATORY NO. 1:
IDENTIFY all FACEBOOK accounts YOU have ever established or used, including, for

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each account: (a) YOUR username; (b) the name YOU provided to FACEBOOK in setting up

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the account; (c) the e-mail address that YOU associated with the account; (d) the mobile

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telephone number(s) that YOU associated with the account; (e) the date YOUR account was

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established; and (f) the date YOUR account was disabled, suspended, or deleted (if applicable).

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RESPONSE TO INTERROGATORY NO. 1:

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Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

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to this Interrogatory as overly broad and unduly burdensome. Plaintiff further objects to the

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extent this Interrogatory seeks information protected by Plaintiff’s right to privacy. Subject to

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and without waiver of the foregoing objections, Plaintiff states as follows:

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Plaintiff’s Facebook username is matthew.d.campbell. Plaintiff provided Facebook with

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the name Matthew D. Campbell. Plaintiff associated the email addresses

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[e-mail], [e-mail], and [e-mail] with the

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account. Plaintiff associated the phone number 501-396-9246 with the account. Plaintiff’s

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account was established on January 7, 2009. It has not been disabled.

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INTERROGATORY NO. 2:

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IDENTIFY all facts regarding all messages YOU have sent or received via the

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FACEBOOK MESSAGES PRODUCT, including, for each message: (a) the date the message

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was sent; (b) the author of the message; (c) the recipient(s) of the message; (d) the physical
-3-

PLAINTIFF CAMPBELL’S
CORRECTED RESPONSES TO
FACEBOOK’S 1ST SET OF ROGS

CONFIDENTIAL
1

location (city and state) where the author was located when the message was sent (or, if unknown,

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the author’s state of residence); (e) the physical location (city and state) where the recipient(s)

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was located when the message was received (or, if unknown, the recipient’s state of residence);

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(f) if a URL was included in the message, the name of the URL(s); (g) if a URL was included in

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the message, whether a “preview” of the website associated with the URL was contained in the

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message (if known); and (h) if a URL was included in the message, whether the website

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associated with the URL contained a FACEBOOK social plugin at the time the message was sent

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(if known).

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RESPONSE TO INTERROGATORY NO. 2:

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Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

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to this Interrogatory as overly broad and unduly burdensome. Plaintiff objects to this

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Interrogatory insofar as it is seeks facts regarding messages that do not contain URLs, and insofar

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as it seeks the physical location of the sender or recipient of Facebook messages, and therefore

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does not seek information “that is relevant to the claims or defenses of any party” or “reasonably

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calculated to lead to the discovery of admissible evidence.” Fed. R. Civ. P. 26(b)(1). Plaintiff

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further objects to the extent this Interrogatory seeks information protected by Plaintiff’s and/or

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third parties’ right to privacy. Plaintiff objects that this Interrogatory seeks information already in

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Defendant’s possession and control. Insofar as it seeks information to be obtained through

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discovery from Defendant, for example because Facebook possesses information concerning

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whether it was Facebook’s practice to provide a “preview” for URL’s sent at the times of

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Plaintiff’s private messages, or whether the websites associated with certain URLs had installed

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Facebook’s social plug-ins, Plaintiff objects to this Interrogatory as premature. Plaintiff further

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objects to this Interrogatory as compound. Subject to and without waiver of the foregoing

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objections, Plaintiff states as follows: Plaintiff’s first production of documents responsive to

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Request for Production No. 1 in this action identifies private messages containing one or more

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URLs that Plaintiff has sent or received via the FACEBOOK MESSAGES PRODUCT. The

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table attached as Exhibit 1 identifies the sender(s), recipient(s), date, time, and URL associated

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with each such private message.
-4-

PLAINTIFF CAMPBELL’S
CORRECTED RESPONSES TO
FACEBOOK’S 1ST SET OF ROGS

CONFIDENTIAL
1

Plaintiff does not recall whether any of the URLs included in private messages that

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Plaintiff has sent or received via the FACEBOOK MESSAGES PRODUCT contained a

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“preview” at the time it was sent or received. Plaintiff is not aware of whether the websites

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associated with such URLs contained a Facebook plug-in at the time these messages were sent or

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received.

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INTERROGATORY NO. 3:

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IDENTIFY all PERSONS YOU have sent messages to or received messages from via the

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FACEBOOK MESSAGES PRODUCT, including each PERSON’S name, address, and

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FACEBOOK account username, or if the PERSON was not a FACEBOOK user, the PERSON’s

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mobile telephone number and/or email address from which a message was received or to which a

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message was sent.

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RESPONSE TO INTERROGATORY NO. 3:

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Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

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to this Interrogatory as overly broad and unduly burdensome. Plaintiff objects to this

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Interrogatory insofar as it is seeks facts regarding messages that do not contain URLs and

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therefore does not seek information “that is relevant to the claims or defenses of any party” or

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“reasonably calculated to lead to the discovery of admissible evidence.” Fed. R. Civ. P. 26(b)(1).

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Plaintiff further objects to the extent this Interrogatory seeks information protected by Plaintiff’s

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or third parties’ right to privacy. Subject to and without waiver of the foregoing objections,

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Plaintiff states as follows: Plaintiff’s first production of documents responsive to Request for

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Production No. 1 in this action identifies private messages containing URLs that Plaintiff has sent

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or received via the FACEBOOK MESSAGES PRODUCT. Plaintiff incorporates by reference

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the table provided in response to Interrogatory No. 2, which identifies the sender(s), recipient(s),

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date, time, and URL associated with each such message.

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INTERROGATORY NO. 4:

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IDENTIFY all facts regarding all EMAIL SERVICES and SOCIAL NETWORKING
WEBSITES, including but not limited to applications offered within those SOCIAL

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-5-

PLAINTIFF CAMPBELL’S
CORRECTED RESPONSES TO
FACEBOOK’S 1ST SET OF ROGS

CONFIDENTIAL
1

NETWORKING WEBSITES, that YOU have used, including, for each, YOUR e-mail address

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and/or username and the duration (time period) of YOUR use.

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RESPONSE TO INTERROGATORY NO. 4:

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Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

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to this Interrogatory as overly broad and unduly burdensome. Plaintiff objects to this

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Interrogatory in that does not seek information “that is relevant to the claims or defenses of any

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party” or “reasonably calculated to lead to the discovery of admissible evidence.” Fed. R. Civ. P.

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26(b)(1). Plaintiff further objects to the extent this Interrogatory seeks information protected by

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Plaintiff’s or third parties’ right to privacy. Subject to and without waiver of the foregoing

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objections, Plaintiff states as follows: Plaintiff recalls using the following email services:

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Twitter, usernames
from approximately 2010 to present.

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username

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used from approximately 2013 to

present.
username

used from approximately 2003 to

present.

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used from approximately 2004 to present.

username

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used

username

used from, used from approximately

2010 to present.

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used from approximately 2012 to present.
Facebook.com as stated in response to Interrogatory No. 1.

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upon reasonable investigation, Plaintiff is unable to determine the details
associated with his

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account. Plaintiff believes that he had an account briefly in 2004.
upon reasonable investigation, Plaintiff is unable to determine the details

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associated with his

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approximately 2006-2007.

account. Plaintiff believes that he had an account from

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-6-

PLAINTIFF CAMPBELL’S
CORRECTED RESPONSES TO
FACEBOOK’S 1ST SET OF ROGS

CONFIDENTIAL
1
2

INTERROGATORY NO. 5:
IDENTIFY all facts regarding how and when YOU first became aware of FACEBOOK’s

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alleged conduct referenced in YOUR COMPLAINT.

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RESPONSE TO INTERROGATORY NO. 5:

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Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

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to this Interrogatory as overly broad and unduly burdensome. Plaintiff further objects to the extent

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this Interrogatory purports to seek information covered by the attorney-client privilege or the

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work product privilege. Subject to and without waiver of the foregoing objections, Plaintiff states

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as follows: Plaintiff first became aware that Facebook scans private messages containing URLs in

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or around October 2013 in connection with counsel’s investigation of this case.

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INTERROGATORY NO. 6:

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IDENTIFY all facts that support YOUR claim that YOU, other Plaintiffs in this ACTION,

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and/or putative class members suffered harm and/or damage as a result of YOUR use of the

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FACEBOOK MESSAGES PRODUCT, including but not limited to IDENTIFYING all facts

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describing how YOU, Plaintiffs, and/or putative class members were harmed.

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RESPONSE TO INTERROGATORY NO. 6:

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Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

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to this Interrogatory as overly broad and unduly burdensome. Plaintiff objects to this

19

Interrogatory on the grounds that it is untimely and premature because discovery in this action is

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ongoing with substantial discovery yet to occur. Plaintiff objects that Plaintiff has not completed

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his discovery or investigation of facts relating to this matter, and has not completed preparation

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for trial, and therefore, this interrogatory is premature, improper, burdensome, oppressive,

23

harassing, and abusive of the discovery process to the extent that it calls for the disclosure of all

24

facts that support the contentions and allegations in the Complaint. See Fed. R. Civ. P.

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33(a)(2)(“the court may order that [contention interrogatories] need not be answered until

26

designated discovery is complete, or until a pretrial conference or some other time.”). Plaintiff

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further objects to this Interrogatory on the grounds that it is premature, as this Interrogatory may

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be the subject of expert testimony, to be disclosed at a later date in accordance with the time set
-7-

PLAINTIFF CAMPBELL’S
CORRECTED RESPONSES TO
FACEBOOK’S 1ST SET OF ROGS

CONFIDENTIAL
1

by the Court for such disclosures. Subject to and without waiver of the foregoing objections,

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Plaintiff states as follows: Plaintiff refers to the entirety of the operative Complaint, including but

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not limiting the following allegations Paragraphs 38, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57

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and 58.

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INTERROGATORY NO. 7:

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Separately for YOURSELF and the putative class, IDENTIFY all facts regarding the

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damages and/or all other monetary relief that YOU and the putative class claim in this ACTION.

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RESPONSE TO INTERROGATORY NO. 7:

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Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

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to this Interrogatory as overly broad and unduly burdensome. Plaintiff objects to this

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Interrogatory on the grounds that it is untimely and premature because discovery in this action is

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ongoing with substantial discovery yet to occur. Plaintiff objects that Plaintiff has not completed

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his discovery or investigation of facts relating to this matter, and has not completed preparation

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for trial, and therefore, this Interrogatory is premature, improper, burdensome, oppressive,

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harassing, and abusive of the discovery process to the extent that it calls for the disclosure of all

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facts that support the contentions and allegations in the Complaint. Plaintiff further objects to this

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Interrogatory on the grounds that it is premature, as this Interrogatory may be the subject of

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expert testimony, to be disclosed at a later date in accordance with the time set by the Court for

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such disclosures. Subject to and without waiver of the foregoing objections, Plaintiff states as

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follows: See Plaintiff’s responses to Interrogatories No. 2 and 6.

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INTERROGATORY NO. 8:

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IDENTIFY all facts regarding all putative class action proceedings in which YOU have

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been involved, including but not limited to YOUR role in the proceeding (plaintiff, defendant,

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witness), the claims and defenses raised in each proceeding, the court or other tribunal in which

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the proceeding occurred, the judicial officer or arbitrator(s) who presided over the proceeding, the

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case number, the parties to the proceeding, a summary of the testimony and/or DOCUMENTS

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YOU provided (if any), an identification of YOUR counsel for each proceeding, and the

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disposition and relief awarded.
-8-

PLAINTIFF CAMPBELL’S
CORRECTED RESPONSES TO
FACEBOOK’S 1ST SET OF ROGS

CONFIDENTIAL
1
2

RESPONSE TO INTERROGATORY NO. 8:
Plaintiff incorporates and references herein all of the General Objections. Plaintiff further

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objects that the Interrogatory seeks irrelevant information. Subject to and without waiver of the

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foregoing objections, Plaintiff states as follows: Plaintiff has not been involved in any other

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putative class action proceedings.

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INTERROGATORY NO. 9:

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IDENTIFY all facts regarding the exact practices by FACEBOOK that YOU contend

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violate California and/or federal law.

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RESPONSE TO INTERROGATORY NO. 9:

10

Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

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to this Interrogatory as overly broad and unduly burdensome. Plaintiff objects to this

12

Interrogatory on the grounds that it is untimely and premature because discovery in this action is

13

ongoing with substantial discovery yet to occur. Plaintiff objects that Plaintiff has not completed

14

his discovery or investigation of facts relating to this matter, and has not completed preparation

15

for trial, and therefore, this Interrogatory is premature, improper, burdensome, oppressive,

16

harassing, and abusive of the discovery process to the extent that it calls for the disclosure of all

17

facts that support the contentions and allegations in the Complaint. See Fed. R. Civ. P.

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33(a)(2)(“the court may order that [contention interrogatories] need not be answered until

19

designated discovery is complete, or until a pretrial conference or some other time.”). Plaintiff

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further objects to the extent this Interrogatory purports to seek information covered by the

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attorney-client privilege or the work product privilege.

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Subject to and without waiver of the foregoing objections, Plaintiff states as follows:

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Plaintiff refers to the operative Complaint, which identifies the elements of causes of action under

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the federal Electronic Communications Privacy Act, and Section 631 of the California Penal

25

Code, respectively, as well as identifies which facts Plaintiff contends establish violations of each

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element of each of these statutes.

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-9-

PLAINTIFF CAMPBELL’S
CORRECTED RESPONSES TO
FACEBOOK’S 1ST SET OF ROGS

CONFIDENTIAL
1
2

INTERROGATORY NO. 10:
Do YOU contend that the scanning of FACEBOOK messages for any purpose violates

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federal law and/or California law?

4

RESPONSE TO INTERROGATORY NO. 10:

5

Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

6

to this Interrogatory on the grounds that it is untimely and premature because discovery in this

7

action is ongoing with substantial discovery yet to occur. Plaintiff objects that Plaintiff has not

8

completed his discovery or investigation of facts relating to this matter, and has not completed

9

preparation for trial, and therefore, this Interrogatory is premature, improper, burdensome,

10

oppressive, harassing, and abusive of the discovery process to the extent that it calls for the

11

disclosure of all facts that support the contentions and allegations in the Complaint. See Fed. R.

12

Civ. P. 33(a)(2)(“the court may order that [contention interrogatories] need not be answered until

13

designated discovery is complete, or until a pretrial conference or some other time.”). Subject to

14

and without waiver of the foregoing objections, Plaintiff states as follows: As alleged in the

15

operative Complaint, Facebook’s conduct of scanning Plaintiff’s and the putative class members’

16

messages is a violation of federal and California law.

17

INTERROGATORY NO. 11:

18

If YOUR response to Interrogatory No. 10 is anything other than an unqualified “no,”

19

IDENTIFY all facts supporting YOUR response.

20

RESPONSE TO INTERROGATORY NO. 11:

21

Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

22

to this Interrogatory as overly broad and unduly burdensome. Plaintiff objects to this

23

Interrogatory on the grounds that it is untimely and premature because discovery in this action is

24

ongoing with substantial discovery yet to occur. Plaintiff objects that Plaintiff has not completed

25

his discovery or investigation of facts relating to this matter, and has not completed preparation

26

for trial, and therefore, this Interrogatory is premature, improper, burdensome, oppressive,

27

harassing, and abusive of the discovery process to the extent that it calls for the disclosure of all

28

facts that support the contentions and allegations in the Complaint. See Fed. R. Civ. P.
- 10 -

PLAINTIFF CAMPBELL’S
CORRECTED RESPONSES TO
FACEBOOK’S 1ST SET OF ROGS

CONFIDENTIAL
1

33(a)(2)(“the court may order that [contention interrogatories] need not be answered until

2

designated discovery is complete, or until a pretrial conference or some other time.”). Plaintiff

3

further objects to the extent this Interrogatory purports to seek information covered by the

4

attorney-client privilege or the work product privilege.

5

Subject to and without waiver of the foregoing objections, Plaintiff states as follows:

6

Plaintiff refers to the operative Complaint, which identifies the elements of causes of action under

7

the federal Electronic Communications Privacy Act, and Section 631 of the California Penal

8

Code, respectively, as well as identifies which facts Plaintiff contends establish violations of each

9

element of each of these statutes.

10

INTERROGATORY NO. 12:

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Do YOU contend that the scanning of FACEBOOK messages for the purpose of

12

increasing the “Like” count violates federal law and/or California law?

13

RESPONSE TO INTERROGATORY NO. 12:

14

Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

15

to this Interrogatory on the grounds that the term “scanning” is undefined and is therefore vague;

16

the term “increasing the ‘Like’ count” is similarly vague within the context of this

17

Interrogatory. Plaintiff objects to this Interrogatory on the grounds that it is untimely and

18

premature because discovery in this action is ongoing with substantial discovery yet to

19

occur. Plaintiff objects on the grounds that Plaintiff has not completed his discovery or

20

investigation of facts relating to this matter, and has not completed preparation for trial, and

21

therefore, this Interrogatory is premature, improper, burdensome, oppressive, harassing, and

22

abusive of the discovery process to the extent that it calls for the disclosure of all facts that

23

support the contentions and allegations in the Complaint. See Fed. R. Civ. P. 33(a)(2)(“the court

24

may order that [contention interrogatories] need not be answered until designated discovery is

25

complete, or until a pretrial conference or some other time.”). Subject to and without waiver of

26

the foregoing objections, Plaintiff states as follows: As alleged in the operative Complaint,

27

Facebook’s conduct of scanning Plaintiff’s and the putative class members’ messages is a

28

violation of federal and California law.
- 11 -

PLAINTIFF CAMPBELL’S
CORRECTED RESPONSES TO
FACEBOOK’S 1ST SET OF ROGS

CONFIDENTIAL
1
2

INTERROGATORY NO. 13:
If YOUR response to Interrogatory No. 12 is anything other than an unqualified “no,”

3

IDENTIFY all facts supporting YOUR response.

4

RESPONSE TO INTERROGATORY NO. 13:

5

Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

6

to this Interrogatory as overly broad and unduly burdensome. Plaintiff objects to this

7

Interrogatory on the grounds that it is untimely and premature because discovery in this action is

8

ongoing with substantial discovery yet to occur. Plaintiff objects that Plaintiff has not completed

9

his discovery or investigation of facts relating to this matter, and has not completed preparation

10

for trial, and therefore, this Interrogatory is premature, improper, burdensome, oppressive,

11

harassing, and abusive of the discovery process to the extent that it calls for the disclosure of all

12

facts that support the contentions and allegations in the Complaint. See Fed. R. Civ. P.

13

33(a)(2)(“the court may order that [contention interrogatories] need not be answered until

14

designated discovery is complete, or until a pretrial conference or some other time.”). Plaintiff

15

further objects to the extent this Interrogatory purports to seek information covered by the

16

attorney-client privilege or the work product privilege.

17

Subject to and without waiver of the foregoing objections, Plaintiff states as follows:

18

Plaintiff refers to the operative Complaint, which identifies the elements of causes of action under

19

the federal Electronic Communications Privacy Act, and Section 631 of the California Penal

20

Code, respectively, as well as identifies which facts Plaintiff contends establish violations of each

21

element of each of these statutes.

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- 12 -

PLAINTIFF CAMPBELL’S
CORRECTED RESPONSES TO
FACEBOOK’S 1ST SET OF ROGS

CONFIDENTIAL
1

Dated: April 2, 2015

LIEFF CABRASER HEIMANN & BERNSTEIN, LLP

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By:

/s/ Michael W. Sobol
Michael W. Sobol

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
Rachel Geman
[e-mail]
Nicholas Diamand
[e-mail]
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
250 Hudson Street, 8th Floor
New York, NY 10013-1413
Telephone: [phone]
Facsimile: 212.355.9592
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
Jeremy A. Lieberman
[e-mail]
POMERANTZ, LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: [phone]
Facsimile: 212.661.8665

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- 13 -

PLAINTIFF CAMPBELL’S
CORRECTED RESPONSES TO
FACEBOOK’S 1ST SET OF ROGS

CONFIDENTIAL
1
2
3
4
5

Patrick V. Dahlstrom
[e-mail]
POMERANTZ, LLP
10 S. La Salle Street, Suite 3505
Chicago, IL 60603
Telephone: [phone]
Facsimile: 312.377.1184

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Jon Tostrud (State Bar No. 199502)
[e-mail]
TOSTRUD LAW GROUP, PC
1925 Century Park East, Suite 2125
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: 310.278.2640

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Attorneys for Plaintiffs and the Proposed Class

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- 14 -

PLAINTIFF CAMPBELL’S
CORRECTED RESPONSES TO
FACEBOOK’S 1ST SET OF ROGS

CONFIDENTIAL
1
2
3
4
5
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PROOF OF SERVICE
I am a citizen of the United States and employed in San Francisco County, California. I
am over the age of eighteen years and not a party to the within-entitled action. My business
address is 275 Battery Street, 29th Floor, San Francisco, California 94111-3339.
I am readily familiar with Lieff, Cabraser, Heimann & Bernstein, LLP’s practice for
collection and processing of documents for service via email, and that practice is that the
documents are attached to an email and sent to the recipient’s email account.
I am also readily familiar with this firm’s practice for collection and processing of
correspondence for mailing with the United States Postal Service. Following ordinary business
practices, the envelope was sealed and placed for collection and mailing on this date, and would,
in the ordinary course of business, be deposited with the United States Postal Service on this date.
On April 2, 2015, I caused to be served copies of the following documents:

13
1.

PLAINTIFF MATTHEW CAMPBELL’S CORRECTED
OBJECTIONS AND RESPONSES TO DEFENDANT
FACEBOOK, INC.’S FIRST SET OF INTERROGATORIES;
and this

2.

PROOF OF SERVICE BY EMAIL AND U.S. MAIL

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on Defendant in this action through their counsel:

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Christopher Chorba
Gibson, Dunn & Crutcher LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
Email: [e-mail]

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Joshua Aaron Jessen
Gibson Dunn & Crutcher LLP
3161 Michelson Drive, Suite 1200
Irvine, CA 92612
Email: [e-mail]

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Executed on April 2, 2015, at San Francisco, California.
/s/ Melissa A. Gardner
Melissa A. Gardner

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- 15 -

PLAINTIFF CAMPBELL’S
CORRECTED RESPONSES TO
FACEBOOK’S 1ST SET OF ROGS

EXHIBIT 1

CONFIDENTIAL
To

From

Date

1.

November 1, 2014 at
11:48am CDT

2.

May 30, 2014 at
9:50am CDT

3.

March 14, 2014 at
12:47pm CDT

4.

March 12, 2014 at
11:54am CDT

5.

October 7, 2013 at
11:13am CDT

6.

August 29, 2013 at
2:34pm CDT

7.

August 29, 2013 at
2:29pm CDT

8.

August 29, 2013 at
1:59pm CDT

9.

February 5, 2014 at
12:34pm CST

10.

September 5, 2013 at
11:13am CDT

11.

September 4, 2013 at
11:07pm CDT

12.

URL

September 4, 2013 at
10:55pm CDT

1

CONFIDENTIAL
To

From

Date

13.

August 31, 2013 at
3:13pm CDT

14.

August 22, 2013 at
3:18pm CDT

15.

August 22, 2013 at
3:11pm CDT

16.

July 18, 2013 at
10:33am CDT

17.

July 15, 2013 at
8:15pm CDT

18.

July 15, 2013 at
8:11pm CDT

19.

July 15, 2013 at
7:42pm CDT

20.

August 13, 2013 at
6:35pm CDT

21.

July 17, 2013 at
7:18pm CDT

22.

November 12, 2011 at
10:15pm CST

23.

December 16, 2011 at
8:49pm CST

24.

May 6, 2011 at
4:16am CDT

25.

June 6, 2014 at
8:21pm CDT

26.

URL

August 13, 2013 at
8:59pm CDT

2

CONFIDENTIAL
To

From

Date

27.

May 27, 2011 at
8:24pm CDT

28.

September 13, 2013 at
8:49am CDT

29.

August 28, 2013 at
10:00am CDT

30.

August 28, 2013 at
9:28am CDT

31.

June 20, 2014 at
10:08am CDT

32.

February 22, 2015 at
9:02pm CST

33.

February 18, 2015 at
9:32pm CST

34.

February 17, 2015 at
7:32pm CST

35.

February 14, 2015 at
6:34pm CST

36.

February 1, 2015 at
11:58am CST

37.

URL

January 28, 2015 at
7:19am CST

3

CONFIDENTIAL
To

From

Date

38.

December 6, 2014 at
1:55pm CST

39.

November 18, 2014 at
9:58pm CST

40.

November 16, 2014 at
10:52pm CST

41.

November 16, 2014 at
10:41pm CST

42.

November 15, 2014 at
9:04am CST

43.

November 9, 2014 at
4:17pm CST

44.

September 4, 2014 at
2:40pm CDT

45.

August 20, 2014 at
11:17pm CDT

46.

August 7, 2014 at
11:07pm CDT

47.

August 3, 2014 at
10:12pm CDT

48.

July 30, 2014 at
7:00pm CDT

49.

June 21, 2014 at
12:06pm CDT

50.

June 16, 2014 at
9:14pm CDT

51.

June 4, 2014 at
8:34pm CDT

52.

URL

May 27, 2014 at
10:21pm CDT

4

CONFIDENTIAL
To

From

Date

53.

May 26, 2014 at
9:37pm CDT

54.

May 15, 2014 at
8:21pm CDT

55.

May 13, 2014 at
4:54pm CDT

56.

April 11, 2014 at
6:11pm CDT

57.

March 20, 2014 at
3:58pm CDT

58.

March 12, 2014 at
10:02pm CDT

59.

March 12, 2014 at
6:34pm CDT

60.

March 8, 2014 at
8:48pm CST

61.

December 20, 2013 at
7:11am CST

62.

December 20, 2013 at
7:11am CST

63.

November 16, 2013 at
8:46pm CST

64.

August 22, 2013 at
10:49pm CDT

65.

July 27, 2013 at
9:45pm CDT

66.

July 15, 2013 at
9:42pm CDT

67.

URL

December 10, 2012 at
9:11am CST

5

CONFIDENTIAL
To

From

Date

68.

January 3, 2012 at
12:14pm CST

69.

January 17, 2015 at
9:09am CST

70.

October 7, 2014 at
11:07am CDT

71.

May 6, 2014 at
12:55pm CDT

72.

March 19, 2014 at
5:36pm CDT

73.

March 15, 2014 at
5:43pm CDT

74.

March 8, 2014 at
11:22am CST

75.

October 18, 2013 at
1:02pm CDT

76.

August 20, 2013 at
10:25am CDT

77.

July 15, 2013 at
10:52pm CDT

78.

July 15, 2013 at
10:48pm CDT

79.

July 15, 2013 at
10:46pm CDT

80.

April 18, 2011 at
7:36pm CDT

81.

July 8, 2013 at 8:04pm
CDT

82.

URL

July 31, 2014 at
3:52pm CDT

6

CONFIDENTIAL
To

From

Date

83.

December 31, 2013 at
2:03pm CST

84.

November 20, 2013 at
7:09am CST

85.

October 28, 2013 at
9:47pm CDT

86.

November 1, 2014 at
1:37pm CDT

87.

September 10, 2012 at
8:47pm CDT

88.

April 3, 2014 at
3:41pm CDT

89.

December 11, 2011 at
3:20am CST

90.

November 13, 2011 at
5:46pm CST

91.

November 12, 2011 at
5:14am CST

92.

November 9, 2011 at
2:35am CST

93.

November 9, 2011 at
2:34am CST

94.

URL

October 11, 2011 at
7:06pm CDT
7

CONFIDENTIAL
To

From

Date

95.

October 10, 2011 at
9:05pm CDT

96.

October 6, 2013 at
1:57pm CDT

97.

July 14, 2013 at
4:50pm CDT

98.

July 14, 2013 at
1:57pm CDT

99.

March 16, 2012 at
9:40am CDT

100.

March 8, 2012 at
2:38pm CST

101.

March 8, 2012 at
2:29pm CST

102.

February 28, 2012 at
2:06pm CST

103.

February 28, 2012 at
2:05pm CST

104.

February 21, 2012 at
3:57pm CST

105.

February 21, 2012 at
2:24pm CST

106.

February 21, 2012 at
2:24pm CST

107.

February 21, 2012 at
2:21pm CST

108.

February 21, 2012 at
2:20pm CST

109.

URL

February 21, 2012 at
2:20pm CST

8

CONFIDENTIAL
To

From

Date

110.

February 21, 2012 at
2:16pm CST

111.

November 4, 2011 at
3:18pm CDT

112.

October 28, 2011 at
5:43pm CDT

113.

February 8, 2012 at
7:16pm CST

114.

February 4, 2012 at
9:53am CST

115.

November 1, 2014 at
1:49pm CDT

116.

November 7, 2011 at
10:40pm CST

117.

June 21, 2013 at
9:53pm CDT

118.

July 15, 2013 at
9:41pm CDT

119.

July 1, 2013 at 7:04pm
CDT

120.

May 13, 2014 at
1:15pm CDT

121.

URL

April 3, 2014 at
8:13pm CDT

9

CONFIDENTIAL
To

From

Date

122.

January 7, 2015 at
8:05pm CST

123.

URL

July 2, 2014 at 6:52pm
CDT

10

CONFIDENTIAL
To

From

Date

124.

June 2, 2014 at
8:36pm CDT

125.

May 16, 2014 at
9:05am CDT

126.

May 13, 2014 at
8:27pm CDT

127.

February 1, 2014 at
11:38am CST

128.

October 19, 2014 at
10:26pm CDT

129.

January 8, 2014 at
9:19pm CST

130.

September 24, 2014 at
12:24pm CDT

131.

URL

May 5, 2014 at
10:58am CDT

11

CONFIDENTIAL
To

From

Date

132.

May 4, 2014 at
11:21pm CDT

133.

October 18, 2014 at
9:53am CDT

134.

October 18, 2014 at
9:05am CDT

135.

October 16, 2014 at
8:09pm CDT

136.

October 16, 2014 at
8:07pm CDT

137.

October 16, 2014 at
8:04pm CDT

138.

October 15, 2014 at
9:15pm CDT

139.

October 15, 2014 at
9:03pm CDT

140.

October 16, 2014 at
12:04am CDT

141.

URL

October 16, 2014 at
12:03am CDT

12

CONFIDENTIAL
To

From

Date

142.

October 14, 2014 at
3:52pm CDT

143.

October 14, 2014 at
3:35pm CDT

144.

October 9, 2014 at
6:24pm CDT

145.

January 26, 2015 at
9:57am CST

146.

June 12, 2014 at
7:17pm CDT

147.

June 4, 2014 at
8:43pm CDT

148.

March 31, 2014 at
5:07pm CDT

149.

March 18, 2014 at
8:31am CDT

150.

March 17, 2014 at
9:56pm CDT

151.

March 14, 2014 at
1:41am CDT

152.

March 13, 2014 at
9:41pm CDT

153.

March 5, 2014 at
9:12pm CST

154.

January 22, 2014 at
8:45pm CST

155.

URL

January 17, 2014 at
3:15pm CST
13

CONFIDENTIAL
To

From

Date

156.

January 14, 2014 at
10:26pm CST

157.

January 14, 2014 at
4:50pm CST

158.

January 12, 2014 at
1:56pm CST

159.

December 31, 2013 at
9:30am CST

160.

December 30, 2013 at
10:01pm CST

161.

December 30, 2013 at
9:55pm CST

162.

December 14, 2013 at
9:21am CST

163.

December 7, 2013 at
2:03pm CST

164.

October 16, 2013 at
6:22pm CDT

165.

October 15, 2013 at
8:24pm CDT

166.

August 22, 2013 at
9:59pm CDT

167.

August 21, 2013 at
9:27pm CDT

168.

June 10, 2013 at
9:58am CDT

169.

July 15, 2013 at
5:35pm CDT

170.

URL

July 18, 2013 at
9:44am CDT
14

CONFIDENTIAL
To

From

Date

171.

January 15, 2014 at
1:52pm CST

172.

July 23, 2014 at
11:34am CDT

173.

October 1, 2014 at
7:37pm CDT

174.

April 7, 2014 at
4:39pm CDT

175.

August 17, 2013 at
11:55am CDT

176.

November 11, 2013 at
5:47pm CST

177.

September 18, 2013 at
8:41am CDT

178.

September 18, 2013 at
5:38am CDT

179.

September 6, 2013 at
11:33am CDT

180.

September 3, 2013 at
2:40pm CDT

181.

November 2, 2014 at
6:53am CST

182.

November 1, 2014 at
2:32pm CDT

183.

July 3, 2014 at 7:49am
CDT

184.

April 26, 2014 at
11:06am CDT

185.

URL

March 24, 2014 at
5:18pm CDT
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CONFIDENTIAL
To

From

Date

186.

February 25, 2014 at
4:20pm CST

187.

February 25, 2014 at
9:18am CST

188.

January 5, 2014 at
11:00am CST

189.

January 5, 2014 at
9:41am CST

190.

January 5, 2014 at
9:37am CST

191.

January 5, 2014 at
12:27am CST

192.

December 21, 2013 at
8:28pm CST

193.

December 21, 2013 at
4:26pm CST

194.

December 20, 2013 at
2:58pm CST

195.

December 9, 2013 at
1:19pm CST

196.

October 22, 2013 at
7:19pm CDT

197.

October 21, 2013 at
8:44am CDT

198.

September 5, 2013 at
1:17pm CDT

199.

September 3, 2013 at
6:43pm CDT

200.

URL

September 29, 2013 at
1:17pm CDT

16

CONFIDENTIAL
To

From

Date

URL

201.

September 29, 2013 at http://littlerockfamilyplanningserviceswarning.wordpress.com/2013/06/03/boyco
12:45pm CDT
tt-river-rock-realty/

202.

January 15, 2015 at
7:48pm CST

http://southpark.cc.com/clips/251898/sting-operation

203.

April 23, 2014 at
1:06pm CDT

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204.

April 3, 2014 at
3:41pm CDT

http://www.bluehogreport.com/2014/04/03/knock-on-wood/

205.

April 1, 2014 at
2:29pm CDT

http://www.bluehogreport.com/2014/04/01/cole-lateral-damage-judge-tim-foxjudge-rhonda-wood-ineligible/

206.

October 28, 2014 at
7:27pm CDT

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207.

May 12, 2014 at
10:39pm CDT

http://m.thecabin.net/news/local/2014-05-12/county-attorney-decision-not-issuemarriage-licenses-now-not

208.

February 10, 2014 at
2:11am CST

http://www.fightingbobfest.org/history.cfm

209.

January 13, 2014 at
12:09am CST

http://wp.me/p3G5qB-OZ

210.

October 16, 2014 at
3:39pm CDT

http://www.msnbc.com/rachel-maddow-show/colorado-ag-candidate-its-time-wetook-back-federal-land

211.

October 16, 2014 at
12:27pm CDT

http://www.ralstonreports.com/blog/adam-laxalts-aunt-family-guessed-whofather-was-domenici-was-not-list#.U3989JRdXB9

212.

October 16, 2014 at
12:27pm CDT

http://www.politico.com/magazine/story/2014/05/who-is-adam-laxalt107095_Page2.html#.VD__VhYXNDQ

213.

October 16, 2014 at
12:12pm CDT

http://www.newsreview.com/reno/newsview/blogs/post?oid=14551064

214.

April 7, 2014 at
1:16pm CDT

http://www.thearkansasproject.com/is-matt-campbell-qualified-to-blog/

215.

March 7, 2014 at
1:46pm CST

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To

From

Date

216.

October 4, 2014 at
9:39am CDT

217.

March 20, 2014 at
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218.

April 25, 2014 at
6:07pm CDT

219.

March 21, 2014 at
2:21pm CDT

220.

September 25, 2014 at
1:25pm CDT

221.

September 24, 2014 at
4:16pm CDT

222.

April 3, 2014 at
2:40pm CDT

223.

April 3, 2014 at
2:36pm CDT

224.

November 5, 2014 at
3:14pm CST

225.

November 5, 2014 at
2:33pm CST

226.

May 7, 2014 at
10:22pm CDT

227.

May 8, 2014 at
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228.

February 18, 2015 at
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To

From

Date

230.

June 12, 2014 at
11:02am CDT

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June 12, 2014 at
11:04am CDT

232.

June 12, 2014 at
11:04am CDT

233.

August 4, 2014 at
9:17pm CDT

234.

July 1, 2014 at 4:00pm
CDT

235.

January 15, 2015 at
7:37pm CST

236.

February 14, 2015 at
12:43pm CST

237.

February 6, 2015 at
11:06pm CST

238.

February 5, 2015 at
8:18am CST

239.

January 31, 2015 at
9:30am CST

240.

January 16, 2015 at
2:27pm CST

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November 21, 2014 at
8:09am CST

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November 20, 2014 at
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To

From

Date

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November 3, 2014 at
11:13pm CST

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October 31, 2014 at
4:24pm CDT

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October 31, 2014 at
2:47pm CDT

247.

October 31, 2014 at
2:40pm CDT

248.

October 31, 2014 at
2:35pm

249.

October 31, 2014 at
2:30pm CDT

250.

October 31, 2014 at
9:17am CDT

251.

October 31, 2014 at
8:45am CDT

252.

October 30, 2014 at
6:47am CDT

253.

October 29, 2014 at
2:04pm CDT

254.

October 29, 2014 at
2:02pm CDT

255.

October 29, 2014 at
11:37am CDT

256.

October 28, 2014 at
7:11am CDT

257.

URL

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20

CONFIDENTIAL
To

From

Date

258.

October 24, 2014 at
9:12am CDT

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October 23, 2014 at
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260.

October 23, 2014 at
9:51pm CDT

261.

October 23, 2014 at
10:38am CDT

262.

October 22, 2014 at
12:41pm CDT

263.

October 22, 2014 at
12:32pm CDT

264.

October 22, 2014 at
12:19pm CDT

265.

October 21, 2014 at
8:38pm CDT

266.

October 20, 2014 at
8:23pm CDT

267.

October 19, 2014 at
9:18pm CDT

268.

October 19, 2014 at
9:07pm CDT

269.

October 19, 2014 at
9:01pm CDT

270.

October 19, 2014 at
3:46pm CDT

271.

URL

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3:30pm CDT

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To

From

Date

272.

October 19, 2014 at
3:20pm CDT

273.

October 19, 2014 at
1:46pm CDT

274.

October 19, 2014 at
12:41pm CDT

275.

October 17, 2014 at
12:32pm CDT

276.

October 15, 2014 at
10:42am CDT

277.

October 15, 2014 at
9:12am CDT

278.

October 14, 2014 at
8:44am CDT

279.

October 13, 2014 at
2:38pm CDT

280.

October 12, 2014 at
11:06pm CDT

281.

October 12, 2014 at
12:50pm CDT

282.

October 11, 2014 at
8:37pm CDT

283.

October 11, 2014 at
8:36pm CDT

284.

October 10, 2014 at
12:48pm CDT

285.

URL

October 10, 2014 at
11:13am CDT

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CONFIDENTIAL
To

From

Date

286.

October 10, 2014 at
10:49am CDT

287.

October 9, 2014 at
9:03pm CDT

288.

October 9, 2014 at
7:00pm CDT

289.

October 9, 2014 at
7:00pm CDT

290.

September 25, 2014 at
2:44pm CDT

291.

September 11, 2014 at
11:16pm CDT

292.

September 11, 2014 at
11:13pm CDT

293.

August 27, 2014 at
4:14pm CDT

294.

August 24, 2014 at
5:14pm CDT

295.

August 21, 2014 at
11:41pm CDT

296.

August 11, 2014 at
9:19pm CDT

297.

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To

From

Date

298.

October 2, 2014 at
8:00pm CDT

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September 20, 2014 at
11:31pm CDT

300.

September 20, 2014 at
11:31pm CDT

301.

October 6, 2014 at
7:31pm CDT

302.

October 19, 2014 at
7:26pm CDT

303.

February 4, 2015 at
8:14am CST

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February 7, 2015 at
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June 24, 2009 at
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766.

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782.

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788.

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799.

From

Date
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May 11, 2011 at
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From

Date
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114