Campbell et al v. Facebook Inc.

Filing 209

Declaration of David Rudolph in Support of 208 MOTION to Compel Production of Documents, 206 MOTION to Compel Production of Source Code, 207 MOTION to Compel Production of Configuration Tables filed byMatthew Campbell, Michael Hurley. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Related document(s) 208 , 206 , 207 ) (Sobol, Michael) (Filed on 8/2/2016)

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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 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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Plaintiffs,

Case No. C 13-05996 PJH (SK)
DECLARATION OF DAVID RUDOLPH IN
SUPPORT OF PLAINTIFFS’ MOTIONS
TO COMPEL DISCOVERY

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v.

Date:

FACEBOOK, INC.,

Time:
Judge:
Place:

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Defendant.

Telephonic Hearing to be set
by Court
To be Set by Court
Hon. Phyllis J. Hamilton
Courtroom 3, 3rd Floor

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DECLARATION OF DAVID T. RUDOLPH
IN SUPPORT OF MOTIONS TO COMPEL
CASE NO. 13-CV-05996-PJH (SK)

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I, David Rudolph, declare:

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1.

I am a member in good standing of the California State Bar and an partner in the

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law firm Lieff, Cabraser, Heimann & Bernstein, LLP, counsel for the plaintiffs in the above-

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captioned Action (“Plaintiffs”). I have personal knowledge of the facts set forth herein, and if

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called upon to testify thereto, I could and would do so competently.

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2.

I submit this Declaration in support of Plaintiffs’ Motions to Compel Discovery

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filed on August 1, 2016; specifically, Plaintiffs’ Motion to Compel Production of Source Code,

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Plaintiffs’ Motion to Compel Configuration Tables, and Plaintiffs’ Motion to Compel Production

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of Documents.

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3.

A true and correct copy of email correspondence between counsel for the parties,

dated from June 10, 2015 to June 28, 2015, is attached hereto as Exhibit 1.
4.

A true and correct copy of email correspondence between counsel for the parties,

dated from June 24, 2015 to June 25, 2015, is attached hereto as Exhibit 2.
5.

A true and correct copy of Plaintiffs’ First Set of Requests for Production of

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Documents to Defendant, and Proof of Service dated January 26, 2015, is attached hereto as

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Exhibit 3.

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6.

A true and correct copy of Defendant Facebook, Inc.’s Responses and Objections

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to Plaintiffs’ First Set of Requests for Production of Documents, and Proof of Service dated

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March 9, 2015, is attached hereto as Exhibit 4.

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7.

A true and correct copy of excerpts from the February 4, 2016 deposition of

Facebook employee Alex Himel (volume 1) is attached hereto as Exhibit 5.
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A true and correct copy of an article entitled, Why You Shouldn’t Share Links on

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Facebook, originally published by Medium, (medium.com) June 8, 2016, and subsequently

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published by Quartz (qz.com) on June 29, 2016, (available at http://qz.com/715019/why-you-

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shouldnt-share-links-on-facebook/) (last visited August 2, 2016), is attached hereto as Exhibit 6.

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9.

A true and correct copy of excerpts from the February 5, 2016 deposition of

Facebook employee Alex Himel (volume 2) is attached hereto as Exhibit 7.

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1

DECLARATION OF DAVID T. RUDOLPH IN
SUPPORT OF MOTIONS TO COMPEL
CASE NO. 13-CV-05996-PJH (SK)

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10.

A true and correct copy of excerpts from the September 25, 2015 deposition of

Facebook employee Ray He is attached hereto as Exhibit 8.
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A true and correct copy of excerpts from the September 30, 2015 deposition of

Facebook employee Mike Vernal is attached hereto as Exhibit 9.
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A true and correct copy of excerpts from the October 28, 2015 deposition of

Facebook employee Michael Adkins is attached hereto as Exhibit 10.
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A true and correct copy of a letter dated May 13, 2015 from Facebook’s counsel to

Plaintiffs’ counsel, including an Appendix thereto, is attached hereto as Exhibit 11.
14.

Plaintiffs’ Motion to Compel Production of Documents cites documents bearing

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the following Bates stamps, which Plaintiffs have obtained from Defendant through discovery:

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FB000000659, FB000001052, FB000001206, FB000002129, FB000002462, FB000002655,

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FB000002843, FB000003093, FB000003118, FB000004051, FB000007859, FB000008271,

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FB000008505, FB000008821, and FB000014365. Each document comprises internal

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communications between and among Facebook employees, and has been cited to demonstrate the

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terminology used by Facebook employees. A true and correct copy of the document bearing

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Bates stamp FB000008271 is attached hereto as Exhibit 12. Redactions in Exhibit 12 were

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present in the document as produced by Defendant. In an effort to avoid burdening the Court

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with unnecessarily voluminous exhibits, the remaining documents identified in this paragraph

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have not been submitted as exhibits at this time. Should the Court wish to review these additional

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documents, Plaintiffs will promptly make them available at the Court’s request.

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I declare under penalty of perjury that the foregoing is true and correct and that this
Declaration was signed in San Francisco, California, on August 2, 2016.

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LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP

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By:

/s/David T. Rudolph
David T. Rudolph

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DECLARATION OF DAVID T. RUDOLPH
IN SUPPORT OF MOTIONS TO COMPEL
CASE NO. 13-CV-05996-PJH (SK)

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ATTESTATION
I, Michael W. Sobol, am the ECF user whose identification and password are being used
to file this document. I hereby attest that David Rudolph has concurred in this filing.

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DATED: August 2, 2016

/s/ Michael W. Sobol
Michael W. Sobol

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DECLARATION OF DAVID T. RUDOLPH
IN SUPPORT OF MOTIONS TO COMPEL
CASE NO. 13-CV-05996-PJH (SK)