Campbell et al v. Facebook Inc.

Filing 233

Supplemental Brief re 227 MOTION for Preliminary Approval of Class Action Settlement filed byFacebook Inc.. (Attachments: # 1 Proposed Order Exhibit A, # 2 Exhibit B)(Related document(s) 227 ) (Jessen, Joshua) (Filed on 4/24/2017)

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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]

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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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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
MATTHEW CAMPBELL and MICHAEL
HURLEY,

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Plaintiffs,

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v.

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FACEBOOK, INC.,

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Case No. C 13-05996 PJH-SK
JOINT SUPPLEMENTAL BRIEF IN
SUPPORT OF PLAINTIFFS’ MOTION
FOR PRELIMINARY APPROVAL OF
CLASS ACTION SETTLEMENT

Defendant.

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Gibson, Dunn &
Crutcher LLP

JOINT SUPPLEMENTAL BRIEF IN SUPPORT OF PLAINTIFFS’
MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT
Case No. C 13-05996 PJH-SK

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As requested at the hearing on Plaintiffs’ Motion for Preliminary Approval of Class Action

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Settlement, attached as Exhibit A is a modified order granting preliminary approval to the parties’

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class action settlement in this action. This proposed order modifies paragraphs 7, 9 and 10 of the

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order submitted on March 1, 2017 (Dkt. 227-1), per the Court’s instruction, and updates all dates

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therein to reflect those provided by the Court on the record.

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As counsel for the parties explained at the hearing, information about the litigation and
Settlement is publicly available through several public sources:

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First, pursuant to the Class Actions Fairness Act (28 U.S.C. § 1715 (2005)), Facebook sent
copies of the Settlement as well as Plaintiffs’ Motion for Preliminary Approval of Class Action

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Settlement (Dkt. 227 through 227-3), the original, Amended, and Second Amended Complaints (Dkt.

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1, 25, 196), the Court’s Order Granting in Part and Denying in Part Defendant’s Motion to Dismiss

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(Dkt. 43), the Court’s Order Granting in Part and Denying in Part Plaintiffs’ Motion for Certification

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(Dkt. 192), and Plaintiff Shadpour’s Notice of Voluntary Dismissal (Dkt. 123) to the responsible

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federal and state attorneys general for all fifty states and U.S. territories on March 8, 2017.

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Second, the Settlement, Motion for Preliminary Approval, and all other unsealed case
documents are accessible through the publicly-available PACER/CM-ECF system.

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Third, this case has garnered considerable publicity from its inception up to and including the

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filing of Plaintiffs’ Motion for Preliminary Approval of the Settlement. Attached as Exhibit B is a

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list of links to internet press coverage of the litigation and Settlement.

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Fourth, at the hearing on Plaintiffs’ Motion for Preliminary Approval of Class Action

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Settlement, the Court held that information about the Settlement (including Class Counsel’s

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Gibson, Dunn &
Crutcher LLP

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JOINT SUPPLEMENTAL BRIEF IN SUPPORT OF PLAINTIFFS’
MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT
Case No. C 13-05996 PJH-SK

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application for attorneys’ fees, costs/expenses, and incentive awards for the named plaintiffs/class
representatives) will be posted on Class Counsel’s publicly available websites
(http://www.cbplaw.com/ and https://www.lieffcabraser.com/).

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Respectfully submitted,
DATED: April 24, 2017

GIBSON, DUNN & CRUTCHER LLP

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By:

/s/
JOSHUA A. JESSEN

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Attorneys for Defendant Facebook, Inc.

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DATED: April 24, 2017

CARNEY BATES & PULLIAM PLLC

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By:

/s/
HANK BATES

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Attorneys for Plaintiffs

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ATTORNEY ATTESTATION
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 Hank Bates.

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DATED: April 24, 2017

GIBSON, DUNN & CRUTCHER LLP

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/s/
JOSHUA A. JESSEN

By:

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Attorneys for Defendant Facebook, Inc.

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Gibson, Dunn &
Crutcher LLP

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JOINT SUPPLEMENTAL BRIEF IN SUPPORT OF PLAINTIFFS’
MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT
Case No. C 13-05996 PJH-SK