Campbell et al v. Facebook Inc.

Filing 226

STIPULATION AND ORDER REGARDING CASE SCHEDULE by Hon. Phyllis J. Hamilton granting 225 Stipulation.(napS, COURT STAFF) (Filed on 2/10/2017)

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

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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 and MICHAEL
HURLEY,
Plaintiffs,
v.

CASE NO. C 13-05996 PJH
STIPULATION AND [PROPOSED]
ORDER REGARDING CASE
SCHEDULE

FACEBOOK, INC.,
Defendant.

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Gibson, Dunn &
Crutcher LLP

STIPULATION AND [PROPOSED] ORDER
RE CASE SCHEDULE
No. C 13-05996 PJH

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WHEREAS, on November 23, 2016, the Court ordered that discovery in this case be stayed,

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and the existing case deadlines vacated, pending an update by the parties by December 23, 2016,

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regarding whether a resolution of this matter had been reached (Dkt. 221);

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WHEREAS, on December 21, 2016, the parties filed a Joint Status Report to notify the Court

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that the parties had reached a settlement-in-principle in this case, and intended to submit a written

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settlement agreement and motion for preliminary approval of the settlement on or before February 15,

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2017 (Dkt. 222);

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WHEREAS, together with the Joint Status Report, the parties filed a Stipulation and

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[Proposed] Order Regarding the Case Schedule, stipulating that the stay of discovery and vacatur of

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case deadlines previously ordered in this action would remain in effect until February 15, 2017, and

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in the event that a written settlement agreement and motion for preliminary approval were not

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submitted to the Court on or before February 15, 2017, the discovery stay would be lifted, Facebook

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would make its document production on that date, and the new case deadlines would be as follows:

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non-expert discovery would be completed by March 23, 2017; experts would be disclosed by May

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11, 2017; and cross motions for summary judgment would be filed by May 11, 2017 (Dkt. 223);

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WHEREAS, on December 27, 2016, the Court approved the parties’ Stipulation and Proposed
Order Regarding the Case Schedule (Dkt. 224);
WHEREAS, counsel for the parties have today executed a memorandum of understanding
outlining the key terms of the settlement agreement; and
WHEREAS, the parties are in the process of preparing a written settlement agreement to be

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submitted to this Court, together with a motion for preliminary approval of the settlement, but require

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additional time to complete these documents and would therefore benefit from a modest, two-week

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extension of the February 15, 2017 deadline;

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NOW, THEREFORE, subject to the approval of the Court, and for good cause shown, the

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parties hereby stipulate and agree as follows: The parties shall file a written settlement agreement

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and motion for preliminary approval of the settlement by March 1, 2017. The stay of discovery and

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vacatur of case deadlines previously ordered in this action shall remain in effect until March 1, 2017.

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Gibson, Dunn &
Crutcher LLP

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STIPULATION AND [PROPOSED] ORDER
RE CASE SCHEDULE
No. C 13-05996 PJH

1

In the event that a written settlement agreement and motion for preliminary approval are not

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submitted to the Court on or before March 1, 2017, the discovery stay is lifted, Facebook shall make

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its document production on that date, and the new case deadlines shall be as follows: non-expert

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discovery shall be completed by April 6, 2017; experts must be disclosed by May 25, 2017; and cross

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motions for summary judgment shall be filed by May 25, 2017.
Respectfully submitted,

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DATED: February 9, 2017

GIBSON, DUNN & CRUTCHER LLP

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By:

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Attorneys for Defendant Facebook, Inc.

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/s/
JOSHUA A. JESSEN

DATED: February 9, 2017

LIEFF CABRASER HEIMANN & BERNSTEIN

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By:

/s/
MICHAEL W. SOBOL

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Attorneys for Plaintiffs

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ATTORNEY ATTESTATION

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Pursuant to Civil Local Rule 5-1, I, Joshua A. Jessen, hereby attest that concurrence in the
filing of this document has been obtained from Michael W. Sobol.

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DATED: February 9, 2017

GIBSON, DUNN & CRUTCHER LLP

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By:

/s/
JOSHUA A. JESSEN

Attorneys for Defendant Facebook, Inc.

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Gibson, Dunn &
Crutcher LLP

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STIPULATION AND [PROPOSED] ORDER
RE CASE SCHEDULE
No. C 13-05996 PJH

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[PROPOSED] ORDER

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Having considered the parties’ Stipulation, and good cause appearing, the Court hereby

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GRANTS the parties’ stipulation. It is HEREBY ORDERED that the parties shall file a written

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settlement agreement and motion for preliminary approval of the settlement by March 1, 2017. The

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stay of discovery and vacatur of case deadlines previously ordered in this action shall remain in effect

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until March 1, 2017. In the event that a written settlement agreement and motion for preliminary

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approval are not submitted to the Court on or before March 1, 2017, the discovery stay is lifted,

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Facebook shall make its document production on that date, and the new case deadlines shall be as

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follows: non-expert discovery shall be completed by April 6, 2017; experts must be disclosed by May

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25, 2017; and cross motions for summary judgment shall be filed by May 25, 2017.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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2/10/17
DATED: ________________________

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The Honorable Phyllis J. Hamilton
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United States SDistrictRCourt Judge
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Gibson, Dunn &
Crutcher LLP

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STIPULATION AND [PROPOSED] ORDER
RE CASE SCHEDULE
No. C 13-05996 PJH