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)

EXHIBIT 3

1
2
3
4
5
6
7
8
9
10
11

Michael W. Sobol (State Bar No. 194857)
[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

16

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

17

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

Attorneys Plaintiffs and the Proposed Class

12
13
14
15

18

UNITED STATES DISTRICT COURT

19

NORTHERN DISTRICT OF CALIFORNIA

20
21
22

MATTHEW CAMPBELL, MICHAEL
HURLEY, and DAVID SHADPOUR, on
behalf of themselves and all others
similarly situated,

23

Case No. C 13-5996 PJH
PLAINTIFFS’ FIRST SET OF REQUESTS
FOR PRODUCTION OF DOCUMENTS TO
DEFENDANT

Plaintiffs,
24
v.
25
FACEBOOK, INC.,
26
Defendant.
27
28
1215231.1

PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH

1

Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure, the Plaintiffs request

2

that Defendant Facebook respond to the following requests for the production of Documents

3

(each, a “Request,” collectively the “Requests”) within thirty (30) days of service.

4
5

DEFINITIONS
(a)

6
7

Inc.; Case No. C 13-5996 PJH (N. Dist. Cal.).
(b)

8
9

“Action” means the case captioned Matthew Campbell and Michael Hurley v. Facebook,

“Active Likes” means any Likes that were generated by Facebook Users affirmatively
clicking on a Like button Social PlugIn.

(c)

“Architecture” refers to each piece of Facebook infrastructure – including but not limited

10

to source code, software, applications, web crawlers, hardware, and networks – utilized to

11

implement or otherwise facilitate any of Your services.

12

(d)

“Communication” means the conveyance (in the form of facts, ideas, thoughts, opinions,

13

data, inquiries or otherwise) of information and includes, without limitation,

14

correspondence, memoranda, reports, presentations, face-to-face conversations, telephone

15

conversations, text messages, instant messages, voice messages, negotiations, agreements,

16

inquiries, understandings, meetings, letters, notes, telegrams, mail, email, and postings of

17

any type.

18

(e)

“Complaint” means the operative Complaint in this Action.

19

(f)

“Developer(s)” means Third Parties who utilize the Facebook platform to either build

20

their own applications or to incorporate the Facebook platform into their own products

21

(e.g., incorporating Facebook’s Like Social PlugIn into a website).

22

(g)

“Document(s)” means all materials within the full scope of Fed. R. Civ. P. 34 including

23

but not limited to: all writings and recordings, including the originals, drafts and all non-

24

identical copies, whether different from the original by reason of any notation made on

25

such copies or otherwise (including but without limitation to, email and attachments,

26

correspondence, memoranda, notes, diaries, statistics, letters, telegrams, minutes,

27

contracts, reports, studies, checks, statements, tags, labels, invoices, brochures,

28

periodicals, receipts, returns, summaries, pamphlets, books, interoffice and intra-office
1215231.1

-2-

PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH

1

Communications, instant messages, chats, offers, notations of any sort of conversations,

2

working papers, applications, permits, file wrappers, indices, telephone calls, meetings or

3

printouts, teletypes, telefax, invoices, worksheets, and all drafts, alterations, modifications,

4

changes and amendments of any of the foregoing), graphic or aural representations of any

5

kind (including without limitation, photographs, charts, microfiche, microfilm, videotape,

6

recordings, motion pictures, plans, drawings, surveys), and electronic, mechanical,

7

magnetic, optical or electric records or representations of any kind (including without

8

limitation, computer files and programs, tapes, cassettes, discs, recordings), including

9

Metadata.

10

(h)

“Electronic Media” means any magnetic, optical, or other storage media device used to

11

record or access ESI including, without limitation, computer memory, hard disks, floppy

12

disks, flash memory devices, CDs, DVDs, Blu-ray disks, cloud storage (e.g., DropBox,

13

Box, OneDrive, and SharePoint), tablet computers (e.g., iPad, Kindle, Nook, and Samsung

14

Galaxy), cellular or smart phones (e.g., BlackBerry, iPhone, Samsung Galaxy), personal

15

digital assistants, magnetic tapes of all types or any other means for digital storage and/or

16

transmittal.

17

(i)

“ESI” or “Electronically Stored Information” refers to information and Documents (as

18

defined within this section) within the full scope of Fed. R. Civ. P. 34 – with all Metadata

19

intact – created, manipulated, communicated, stored, and best utilized in digital form, and

20

requiring the use of Electronic Media to access. Such information includes emails, email

21

attachments, message boards, forums, support tickets, support articles, security alerts,

22

pop-ups, videos, discussion boards, data, charts, BETA results, error messages, bug

23

reports, source code, investigative reports, monitoring reports, comments, press releases,

24

drafts, models, templates, websites, instant messages, chats, and intercompany and intra-

25

company Communications.

26

(j)

“Facebook User(s)” means Persons who have established a Facebook account.

27

(k)

“Facebook User Data Profile(s)” means the group of data points, collected by You from

28

any source and assigned by You to specific Facebook Users, for purposes including but
1215231.1

-3-

PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH

1

not limited to “bundling characteristics” and determining the potential interests of

2

Facebook Users as described in Your Data Use Policy under the heading “How

3

Advertising and Sponsored Stories Work.”

4

(l)

“Identify,” with respect to Documents, means to give, to the extent known, the (a) type

5

of Document; (b) general subject matter; (c) date of the Document; (d) author(s), (e)

6

addressee(s), and (f) recipient(s).

7

(m)

“Identify,” with respect to Persons, means to give, to the extent known, the Person’s full

8

name, present or last known address, and when referring to a natural person, additionally,

9

the present or last known place of employment. Once a Person has been identified in

10

accordance with this subparagraph, only the name of that Person need be listed in

11

response to subsequent discovery requesting the identification of that Person.

12

(n)

“Including” means “including but not limited to” and “including without limitation.”

13

(o)

“Metadata” refers to structured information about an electronic file that is embedded in

14
15

the file, describing the characteristics, origins, usage and validity the electronic file.
(p)

“Meeting” means the contemporaneous presence, whether in person or through any

16

means of communication, of any natural persons, whether or not such presence was by

17

chance or prearranged, and whether or not the meeting was formal or informal, or

18

occurred in connection with some other activity.

19

(q)

“Motion to Dismiss” means Your motion to dismiss filed in this Action (Docket No. 29).

20

(r)

“Native Format” refers to the original file format in which a particular Document or item

21
22

of ESI was created.
(s)

“Passive Likes” means any Likes that were not generated by Facebook Users

23

affirmatively clicking on a Like button Social PlugIn, and were instead generated as a

24

result of Facebook scanning URLs contained within Private Message (i.e., generated

25

through the behavior described in the Wall Street Journal article “How Private Are Your

26

Private Facebook Messages”).

27

(t)

28

“Person” means any natural person or any business, legal or governmental entity or
association.

1215231.1

-4-

PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH

1

(u)

“Plaintiff” and “Plaintiffs” refer to the named plaintiffs in this Action, and any reference

2

to “Plaintiff” or “Plaintiffs” shall be construed disjunctively or conjunctively as necessary

3

in order to bring within the scope of the request all responses which otherwise might be

4

construed to be outside its scope.

5

(v)

“Private Message(s)” means the portion of Facebook’s service designed to transmit

6

private messages between users – as opposed to posts – and which process is engaged by,

7

inter alia, the “Message” button on users’ profile pages or via the Messenger app.

8

(w)

9

could in any way apprise its possessor of any substance, meaning, or purport of the Private

10
11

“Private Message Content” means any data or metadata related to a Private Message that

Message.
(x)

“Private Message Transmission” means the act or series of acts taken by Facebook

12

during the exchange of Private Messages between Facebook Users; beginning the moment

13

a Facebook User initiates the process of composing a Private Message to at least one

14

recipient Facebook User, and ending once the recipient(s) view(s) the Private Message.

15

Such act or acts include routing, delivery, processing, scanning, anti-virus and spam

16

filtration, writing of the Private Message to any server, analysis, content extraction,

17

generation of data, and generation of metadata.

18

(y)

19
20

“Process” refers to a series of discrete steps, ordered and undertaken to achieve a specific
goal or set of goals that facilitate Facebook’s operation.

(z)

“Relate(s) o,” “Related to” or “Relating to” shall be construed to mean referring to,

21

reflecting, concerning, pertaining to or in any manner being connected with the matter

22

discussed.

23

(aa)

“Targeted Advertising” means advertising purchased by Third Parties, to be delivered

24

by You to Facebook Users based upon inferences drawn from data points within Facebook

25

Users’ Data Profiles (e.g., “location,” “demographics,” “interests,” and “behaviors,” as

26

described on Your website on the page titled “How to target Facebook Ads;

27

https://www.facebook.com/business/a/online-sales/ad-targeting-details).

28

(bb)
1215231.1

“Third Party” refers to any party other than You or Plaintiffs.
-5-

PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH

1

(cc)

“Transmission,” “Transmit,” and “Transmitting” refer to any intentional act by one

2

party which results in the possession, by at least one other party, of a Document or item of

3

ESI. Such acts include but are not limited to mailing (via the U.S. Post Office or other

4

Third Party carriers such as FedEx or UPS), faxing, emailing, hand-delivering, and

5

causing to be delivered via courier service any Document and/or, where applicable, item

6

of ESI.

7

(dd)

“You,” “Your,” and “Facebook” shall mean Facebook, Inc. and any of its directors,

8

officers, employees, partners, members, representatives, agents (including attorneys,

9

accountants, consultants, investment advisors or bankers), and any other person purporting

10

to act on its behalf. In the case of business entities, these defined terms include parents,

11

subsidiaries, affiliates, predecessor entities, successor entities, divisions, departments,

12

groups, acquired entities and/or related entities or any other entity acting or purporting to

13

act on its behalf.

14

RULES OF CONSTRUCTION

15

1.

The connectives “and” and “or” shall be construed either disjunctively or

16

conjunctively as necessary to bring within the scope of the discovery request all responses that

17

might otherwise be construed to be outside of its scope.

18

2.

“Any,” “all,” and “each” shall be construed as any, all and each.

19

3.

The singular form of a noun or pronoun includes the plural form and vice versa.

20

4.

The use of any tense of any verb shall also include within its meaning all other

21

tenses of that verb.

22
23

5.

A term or word defined herein is meant to include both the lower and upper case

reference to such term or word.

24

6.

Any headings which appear in the Requests for Production section have been

25

inserted for the purpose of convenience and ready reference. They do not purport to, and are not

26

intended to, define, limit, or extend the scope or intent of the Requests to which they pertain.

27
28
1215231.1

-6-

PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH

1

INSTRUCTIONS
1.

2

You are requested to produce all Documents and ESI in Your possession, custody,

3

or control – as well as Documents and ESI that are in the possession of Your partners, officers,

4

employees, attorneys, accountants, representatives, or agents, or that are otherwise subject to

5

Your custody or control – that are described below.
2.

6

Unless otherwise indicated, the Documents and ESI to be produced include all

7

Documents and ESI prepared, sent, dated or received, or those that otherwise came into existence

8

any time during the Relevant Time Period.
3.

9

The production by one person, party, or entity of a Document or item of ESI does

10

not relieve another person, party, or entity from the obligation to produce his, her, or its own copy

11

of that Document or ESI, even if the two are identical.
4.

12

In producing Documents and ESI, You are requested to produce a copy of each

13

original Document and ESI together with a copy of all non-identical copies and drafts of that

14

Document. If the original of any Document and ESI cannot be located, a copy shall be provided

15

in lieu thereof, and shall be legible and bound or stapled in the same manner as the original.
5.

16

Documents and ESI shall be produced as they are kept in the usual course of

17

business. All Documents and ESI shall be produced with a copy of the file folder, envelope, or

18

other container in which the Documents and ESI are kept or maintained. All Documents and ESI

19

shall be produced intact in their original files, without disturbing the organization of Documents

20

and ESI employed during the conduct of the ordinary course of business and during the

21

subsequent maintenance of the Documents and ESI.
6.

22

Documents and ESI not otherwise responsive to this discovery request shall be

23

produced if such Documents and ESI mention, discuss, refer to, or explain the Documents and

24

ESI which are called for by this discovery request, or if such Documents and ESI are attached to

25

Documents and ESI called for by this discovery request and constitute routing slips, transmittal

26

memoranda, or letters, comments, evaluations or similar materials.
7.

27
28

Each Document and item of ESI requested herein is requested to be produced in its

entirety and without deletion or excisions, regardless of whether You consider the entire
1215231.1

-7-

PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH

1

Document or item of ESI to be relevant or responsive to this request. If You have redacted any

2

portion of a Document or item of ESI, stamp the word “redacted” on each page of the Document

3

or item of ESI that You have redacted.

4

8.

If any Document or item of ESI called for by these requests is not produced in full

5

or is redacted on the ground that it is privileged or otherwise claimed to be protected against

6

production, You are requested to provide the following information with respect to each such

7

Document or item of ESI or redaction:

8

(a)

its date;

9

(b)

its author(s), its signatory(s) and each and every other person who prepared

10

or participated in its preparation;

11

(c)

the type of Document or item of ESI it is (e.g., letter, chart, memorandum,

13

(d)

a description of its subject matter and length;

14

(e)

a list of those persons and entities to whom said Document(s) or item of

12

etc.);

15

ESI was disseminated, together with their last known addresses and the date or approximate date

16

on which each such person or entity received it;

17

(f)

a list of all other persons to whom the contents of the Document or item of

18

ESI have been disclosed, the date such disclosure took place, the means of such disclosure, and

19

the present location of the Document or item of ESI and all copies thereof;

20

(g)

21

of ESI and all copies thereof; and

22

(h)

23

each and every person having custody or control of the Document or item

the nature of the privilege or other rule of law relied upon and any facts

supporting Your position in withholding production of each such Document or item of ESI.

24

9.

If You assert an objection to any request, You must nonetheless respond and

25

produce any responsive Documents and ESI that are not subject to the stated objection. If You

26

object to part of a request or category, You must specify the portion of the request to which You

27

object, and must produce Documents and ESI responsive to the remaining parts of the request.

28
1215231.1

-8-

PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH

1

10.

Notwithstanding a claim that a Document or item of ESI is protected from

2

disclosure, any Document or item of ESI so withheld must be produced with the portion claimed

3

to be protected redacted.

4

11.

If any Document or ESI is known to have existed but no longer exists, has been

5

destroyed, or is otherwise available, You must identify the Document or ESI, the reason for its

6

loss, destruction or unavailability, the name of each person known or reasonably believed by You

7

to have present possession, custody, or control of the original and any copy thereof (if

8

applicable), and a description of the disposition of each copy of the Document or ESI.

9

12.

Every Request for Production herein shall be deemed a continuing discovery

10

request, and You are to supplement information which adds to or is in any way inconsistent with

11

Your initial answers to these Requests.

12

13.

Plaintiffs reserve the right to propound additional discovery requests.

13

RELEVANT TIME PERIOD

14

The relevant time period for each Document Request is for September 26, 2006 through

15

the present (the “Relevant Time Period”), unless otherwise specifically indicated, and shall

16

include all Documents, ESI, and any other information that relate to such period, even though

17

prepared or published outside of the relevant time period. If a Document or item of ESI prepared

18

before this period is necessary for a correct or complete understanding of any Document or item

19

of ESI covered by a request, You must produce the earlier or subsequent Document or item of

20

ESI as well. If any Document or item of ESI is undated and the date of its preparation cannot be

21

determined, the Document or item of ESI shall be produced if otherwise responsive to the

22

production request.

23

REQUESTS FOR PRODUCTION OF DOCUMENTS

24

A.

25
26

REQUEST FOR PRODUCTION NO. 1:

27
28

Requests Related to Facebook’s Corporate Organizational Structure and
Individuals Who May Possess Relevant Information

All Documents and ESI showing Facebook’s organizational structure that identify all
current or former Persons at Facebook (including directors, officers, employees, or contractors)
1215231.1

-9-

PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH

1

who may possess knowledge relevant to this Action.

2

REQUEST FOR PRODUCTION NO. 2:

3

Documents and ESI sufficient to identify all databases, networks, or any other repositories

4

of information under Your control that may contain Documents and ESI relevant to this Action.

5

REQUEST FOR PRODUCTION NO. 3:

6

Documents and ESI sufficient to identify all methods and media utilized by Your

7

employees for inter-office (internal) Communication in the course of their work, including but not

8

limited to inter-office mail (electronic and physical), reports (electronic and physical), chats, and

9

video chats, as well as how and where such Communications are stored.

10
11

B.

Requests Related to Private Message Transmission and the Like Social PlugIn

REQUEST FOR PRODUCTION NO. 4:

12

All Documents and ESI sufficient to identify each Process and/or piece of Architecture

13

involved in Private Message Transmission.

14

REQUEST FOR PRODUCTION NO. 5:

15

All Documents and ESI related to each Process and/or piece of Architecture involved in

16

the scanning of Private Message Content for purposes of creating, augmenting, or otherwise

17

maintaining Facebook User Data Profiles.

18

REQUEST FOR PRODUCTION NO. 6:

19

All Documents and ESI related to each Process and/or piece of Architecture involved in

20

the acquisition of data, metadata, or other content from Private Messages, for purposes of

21

creating, augmenting, or otherwise maintaining Facebook User Data Profiles.

22

REQUEST FOR PRODUCTION NO. 7:

23

All Documents and ESI sufficient to identify each Process and/or piece of Architecture

24

involved in spam filtering.

25

REQUEST FOR PRODUCTION NO. 8:

26
27

All Documents and ESI sufficient to identify each Process and/or piece of Architecture
involved in malware filtering.

28
1215231.1

- 10 -

PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH

1

REQUEST FOR PRODUCTION NO. 9:

2

All Documents and ESI sufficient to identify each Process and/or piece of Architecture

3

involved in generating thumbnail/URL previews.

4

REQUEST FOR PRODUCTION NO. 10:

5

All Documents and ESI sufficient to identify each Process and/or piece of Architecture

6

involved in storing Private Messages for Facebook Users’ future review, or for any other purpose.

7

REQUEST FOR PRODUCTION NO. 11:

8

All Documents and ESI sufficient to identify each Process and/or piece of Architecture

9

involved in “protect[ing] users, the product, and the site from threats and abusive behavior,” as

10

described on page 11 of Your Motion to Dismiss.

11

REQUEST FOR PRODUCTION NO. 12:

12

All Documents and ESI sufficient to identify each Process and/or piece of Architecture

13

related to the Like Social PlugIn.

14

REQUEST FOR PRODUCTION NO. 13:

15

All Documents and ESI relating to each Process and/or piece of Architecture involved in

16

generating Passive Likes, including all Documents and ESI related to Your cessation of the

17

practice of generating Passive Likes.

18

REQUEST FOR PRODUCTION NO. 14:

19

All Documents and ESI relating to the “bug…where at times the count for the Share or

20

Like goes up by two,” identified by You in Your statement quoted in the Wall Street Journal

21

Article titled “How Private Are Your Private Facebook Messages?” and published in

22

October, 2012.

23

REQUEST FOR PRODUCTION NO. 15:

24

All Documents and ESI sufficient to identify each Process and/or piece of Architecture

25

involved in generating Active Likes.

26

REQUEST FOR PRODUCTION NO. 16:

27
28

All Documents and ESI relating to how Third Parties acquire information related to
Facebook Users from the Like Social PlugIn, including information acquired by Third Parties
1215231.1

- 11 -

PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH

1

when a Facebook User engages the Like Social PlugIn either via Passive Likes or Active Likes.

2

REQUEST FOR PRODUCTION NO. 17:

3

All Documents and ESI relating to how Third Parties can use information related to

4

Facebook Users from the Like Social PlugIn, including Social Graph searches of data acquired

5

through Passive Likes or Active Likes.

6

C.

7
8

Requests Related to How Facebook User Data Profiles Are Created,
Augmented, and Maintained

REQUEST FOR PRODUCTION NO. 18:

9

All Documents and ESI sufficient to identify each Process and/or piece of Architecture

10

involved in the creation, augmentation, or maintenance of Facebook User Data Profiles.

11

REQUEST FOR PRODUCTION NO. 19:

12

All Documents and ESI relating to how You use any Private Message Content, including

13

for purposes related to Facebook User Profiles and/or Targeted Advertising.

14

REQUEST FOR PRODUCTION NO. 20:

15

All Documents and ESI relating to the extent to which You allow Third Parties any access

16

to any Private Message Content.

17

REQUEST FOR PRODUCTION NO. 21:

18

All Documents and ESI relating to the use of Passive Likes – or any data, metadata, or

19

other information generated therefrom – as data points in Facebook User Data Profiles.

20

REQUEST FOR PRODUCTION NO. 22:

21

All Documents and ESI relating to the use of Passive Likes – or any data, metadata, or

22

other information generated therefrom – for purposes related to Targeted Advertising.

23

REQUEST FOR PRODUCTION NO. 23:

24

All Documents and ESI relating to the use of Active Likes – or any data, metadata, or

25

other information generated therefrom – as data points in Facebook User Data Profiles.

26

REQUEST FOR PRODUCTION NO. 24:

27
28

All Documents and ESI relating to the use of Active Likes – or any data, metadata, or
other information generated therefrom – for purposes related to Targeted Advertising.
1215231.1

- 12 -

PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH

1
2

D.

Requests Related to How Facebook Obtains Consent

REQUEST FOR PRODUCTION NO. 25:
All Documents and ESI used by You to establish Facebook Users’ express consent to the

3
4

practices forming the basis for Plaintiffs’ Complaint.

5

REQUEST FOR PRODUCTION NO. 26:
All Documents and ESI supporting the position advanced in pages 18-19 of Your Motion

6
7

to Dismiss that Facebook Users impliedly consent to the practices forming the basis for Plaintiffs’

8

Complaint.

9

E.

Requests Related to Law Enforcement Investigations, Media Investigations,
and Complaints Involving Privacy Issues

10
11

REQUEST FOR PRODUCTION NO. 27:

12

All Documents and ESI related to investigations of Facebook by any governmental

13

agency (in the United States or otherwise), regulatory agency, law enforcement agency, or

14

advisory council relating to user privacy issues, including investigations by United States Federal

15

Trade Commission and the Office of the Irish Data Protection Commissioner.

16

REQUEST FOR PRODUCTION NO. 28:
All Documents and ESI related to FTC MATTER/FILE NUMBER: 092 3184, In the

17
18

Matter of Facebook, Inc., a corporation, including all Documents and ESI related to

19

implementation of the business practice changes mandated by the FTC in its July 27, 2012

20

Decision and Order (“FTC Order”), and including all Documents and ESI related to the Third

21

Party, biennial assessments and reports identified on pages 6 and 7 of the FTC Order.

22

REQUEST FOR PRODUCTION NO. 29:
All Documents and ESI related to – and sufficient to identify – the “dedicated team of

23
24

privacy professionals” identified on page 8 of Your Form 10-K for fiscal year ending

25

December 31, 2013, including any involvement such Persons had in matters related to (1)

26

obtaining consent of Facebook Users for Your practices implicating privacy and data use; (2)

27

Private Messages; and (3) the acts and practices described in the Complaint.

28
1215231.1

- 13 -

PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH

1

REQUEST FOR PRODUCTION NO. 30:

2

All Documents and ESI related to all audits of Facebook conducted by the Office of the

3

Irish Data Protection Commissioner.

4

REQUEST FOR PRODUCTION NO. 31:

5

All Documents and ESI related to Third Parties discussing Passive Likes, including the

6

Wall Street Journal article “How Private Are Your Private Facebook Messages,” the Digital

7

Trends article “Facebook Scans Private Messages for Brand Page Mentions, Admits a Bug is

8

Boosting Likes,” and the Hacker News post “Facebook Graph API exploit that let’s [sic] you

9

pump up to 1800 ‘Likes’ in an hour.”

10
11

F.

Miscellaneous Requests

REQUEST FOR PRODUCTION NO. 32:

12

All Documents and ESI that You contend evidence or substantiate Your defenses in this

13

Action.

14

REQUEST FOR PRODUCTION NO. 33:

15

All Documents and ESI related to Your policies, practices, or procedures, if any,

16

regarding the retention or destruction of Documents and files, including emails, email backup or

17

archive tapes, hard drives, and corporate storage, including, without limitation, any changes or

18

modifications in such policies or practices during the Relevant Time Period.

19

REQUEST FOR PRODUCTION NO. 34:

20

All insurance policies, including any declaration pages and riders, which could be used to

21

satisfy any claim in this action.

22

REQUEST FOR PRODUCTION NO. 35:

23

A plain-English description or glossary for any and all lists, legends, codes, abbreviations,

24

collector initials, or other non-obvious terms, words, or data contained in any of the Documents

25

or ESI produced in response to any of these Requests for Production, and to the extent applicable,

26

with any of the Interrogatories served herewith.

27

REQUEST FOR PRODUCTION NO. 36:

28

For any source code related to any of these Requests, Documents and ESI sufficient to
1215231.1

- 14 -

PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH

1

identify all code repositories for such source code.

2

REQUEST FOR PRODUCTION NO. 37:

3

For any source code related to any of these Requests, check in/check out histories –

4

including timestamps, version numbers, and usernames – for such source code.

5

REQUEST FOR PRODUCTION NO. 38:

6

All Documents and ESI related to any Facebook User complaints related to the practices

7

alleged in Plaintiffs’ Complaint, as well as all responses from Facebook thereto.

8

REQUEST FOR PRODUCTION NO. 39:

9

All Documents and ESI related to Your representations to Third Parties regarding the use

10

of Active and Passive Likes in marketing and/or Targeted Advertising, including but not limited

11

to form contracts, marketing materials, and internal memoranda describing the purported benefits

12

of Active and Passive Likes to Third Parties.

13

REQUEST FOR PRODUCTION NO. 40:

14

All Documents and ESI related to each Plaintiff.

15
16
17
18
19
20
21
22
23
24
25
26
27
28
1215231.1

- 15 -

PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH

1

Dated: January 26, 2015

2

Respectfully submitted,
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP

3
4

By:

5

Michael W. Sobol (State Bar No. 194857)
[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

6
7
8
9
10

/s/ Michael W. Sobol

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

11
12
13
14
15

20

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

21

Attorneys for Plaintiffs and the Proposed Class

16
17
18
19

22
23
24
25
26
27
28
1215231.1

- 16 -

PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT
CASE NO. C 13-5996 PJH

1
2
3
4
5
6
7
8
9
10
11

Michael W. Sobol (State Bar No. 194857)
[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

16

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

17

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

Attorneys Plaintiffs and the Proposed Class

12
13
14
15

18

UNITED STATES DISTRICT COURT

19

NORTHERN DISTRICT OF CALIFORNIA

20
21
22

MATTHEW CAMPBELL, MICHAEL
HURLEY, and DAVID SHADPOUR, on
behalf of themselves and all others
similarly situated,

Case No. C 13-5996 PJH
PROOF OF SERVICE BY EMAIL AND
U.S. MAIL

23
Plaintiffs,
24
v.
25
FACEBOOK, INC.,
26
Defendant.
27
28
1215231.1

- 17 -

PROOF OF SERVICE BY EMAIL AND U.S. MAIL
CASE NO. C 13-5996 PJH

1

I am a citizen of the United States and employed in San Francisco County, California. I

2

am over the age of eighteen years and not a party to the within-entitled action. My business

3

address is 275 Battery Street, 29th Floor, San Francisco, California 94111-3339.

4

I am readily familiar with Lieff, Cabraser, Heimann & Bernstein, LLP’s practice for

5

collection and processing of documents for service via email, and that practice is that the

6

documents are attached to an email and sent to the recipient’s email account.

7

I am also readily familiar with this firm’s practice for collection and processing of

8

correspondence for mailing with the United States Postal Service. Following ordinary business

9

practices, the envelope was sealed and placed for collection and mailing on this date, and would,

10

in the ordinary course of business, be deposited with the United States Postal Service on this date.

11

On January 26, 2015, I caused to be served copies of the following documents:

12

1.

PLAINTIFFS’ FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO DEFENDANT; and
this

2.

PROOF OF SERVICE BY EMAIL AND U.S. MAIL

13
14
15

on the following parties in this action through their respective counsel:

16

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

17
18
19

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

20
21
22

Executed on January 26, 2015, at San Francisco, California.
23
/s/ David T. Rudolph
David T. Rudolph

24
25
26
27
28
1215231.1

- 18 -

PROOF OF SERVICE BY EMAIL AND U.S. MAIL
CASE NO. C 13-5996 PJH