Campbell et al v. Facebook Inc.

Filing 195

STIPULATION Regarding Removal Of References To Plaintiffs Previously Dismissed Claims In The Second Amended Class Action Complaint filed by Matthew Campbell, Michael Hurley. (Sobol, Michael) (Filed on 6/7/2016)

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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

GIBSON, DUNN & CRUTCHER LLP
JOSHUA A. JESSEN, SBN 222831
[e-mail]
JEANA BISNAR MAUTE, SBN
290573
[e-mail]
ASHLEY M. ROGERS, SBN 286252
[e-mail]
1881 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

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

GIBSON, DUNN & CRUTCHER LLP
CHRISTOPHER CHORBA, SBN
216692
[e-mail]
333 South Grand Avenue
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]

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Hank Bates (State Bar No. 167688)
[e-mail]
Allen Carney
[e-mail]
David Slade
[e-mail]
CARNEY BATES & PULLIAM, PLLC
2800 Cantrell Road, Suite 510
Little Rock, AR 72202
Telephone: [phone]
Facsimile: 501.312.8505

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Attorneys for Defendant
FACEBOOK, INC.

Attorneys for Plaintiffs

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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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Plaintiffs,

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v.

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Case No. 4:13-cv-05996-PJH
STIPULATION REGARDING REMOVAL
OF REFERENCES TO PLAINTIFFS’
PREVIOUSLY DISMISSED CLAIMS IN
THE SECOND AMENDED CLASS
ACTION COMPLAINT

FACEBOOK, INC.,

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Defendant.

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STIP RE PLAINTIFFS’ PREVIOUSLY DISMISSED CLAIMS
IN SECOND AMENDED CLASS ACTION COMPLAINT
CASE NO. 4:13-CV-05996-PJH

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WHEREAS, on April 25, 2014, Plaintiffs Matthew Campbell, Michael Hurley, and David
Shadpour filed their Consolidated Amended Class Action Complaint (Dkt. 25);
WHEREAS, on December 23, 2014, the Court granted defendant Facebook, Inc.’s motion

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to dismiss Plaintiffs’ claims pursuant to California Invasion of Privacy Act section 632 and

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California Business and Professions Code section 17200 with prejudice (Dkt. 43);

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WHEREAS, on October 2, 2015, plaintiff David Shadpour filed a Notice of Voluntary

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Dismissal with prejudice pursuant to Federal Rule of Civil Procedure 41(a), which Facebook did

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not oppose (Dkt. 123);

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WHEREAS, on May 18, 2016, the Court issued an Order Granting In Part and Denying In

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Part Plaintiffs’ Motion for Class Certification (Dkt. 192), in which the Court directed Plaintiffs to

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“file an amended complaint, making only the following changes: (1) revising the class definition

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to reflect the definition set forth in the class certification motion, and (2) adding allegations

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regarding the sharing of data with third parties.” (Dkt. 192 at p. 6) The Court also stated that

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“[t]o the extent that plaintiffs seek to make any other amendments to the complaint, they must

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obtain either leave of court or a stipulation from Facebook” (id.);

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WHEREAS, in light of the Court’s order on the motion to dismiss, Plaintiffs seek to

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amend the Complaint to reflect the Court’s dismissal with prejudice of Plaintiffs’ claims pursuant

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to California Invasion of Privacy Act section 632 and California Business and Professions Code

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section 17200, but reserve their right to appeal the dismissal of these claims;

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WHEREAS, in light of Mr. Shadpour’s voluntary dismissal from the case with prejudice,
Plaintiffs seek to amend the Complaint to remove Mr. Shadpour; and

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WHEREAS, Facebook has no objection to Plaintiffs’ removal of the dismissed California

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Invasion of Privacy Act section 632 and California Business and Professions Code section 17200

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claims, as well as the voluntarily dismissed claims of Mr. Shadpour, in Plaintiffs’ amended

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Complaint;

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NOW THEREFORE, Plaintiffs and Facebook, by and through their respective

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undersigned counsel, hereby stipulate that Plaintiffs may remove references to the dismissed

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California Invasion of Privacy Act section 632 and California Business and Professions Code
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STIP RE PLAINTIFFS’ PREVIOUSLY DISMISSED CLAIMS
IN SECOND AMENDED CLASS ACTION COMPLAINT

CASE NO. 4:13-CV-05996-PJH

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section 17200 claims, as well as to the voluntarily dismissed claims of Mr. Shadpour, in

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Plaintiffs’ amended Complaint. Facebook does not stipulate to any other changes in Plaintiffs’

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amended Complaint, and reserves all of its rights with respect to any other amendments made by

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Plaintiffs in their amended Complaint. Plaintiffs reserve their right to appeal the dismissal of the

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California Invasion of Privacy Act section 632 and California Business and Professions Code

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section 17200 claims addressed in this stipulation.

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IT IS SO STIPULATED.
Dated: June 7, 2016

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LIEFF CABRASER HEIMANN & BERNSTEIN
LLP
By: /s/ Michael W. Sobol
Michael W. Sobol
Attorneys for Plaintiffs

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Dated: June 7, 2016

GIBSON, DUNN & CRUTCHER, LLP
By: /s/ Christopher Chorba
Christopher Chorba
Attorneys for Defendant Facebook, Inc.

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ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Michael W. Sobol, am the ECF user whose identification and password are being used
to file this Stipulation. I hereby attest that Christopher Chorba has concurred in this filing.

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DATED: June 7, 2016

/s/ Michael W. Sobol
Michael W. Sobol

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STIP RE PLAINTIFFS’ PREVIOUSLY DISMISSED CLAIMS
IN SECOND AMENDED CLASS ACTION COMPLAINT

CASE NO. 4:13-CV-05996-PJH