Campbell et al v. Facebook Inc.

Filing 24

Order by Hon. Phyllis J. Hamilton granting 18 Motion to Consolidate Cases.(nahS, COURT STAFF) (Filed on 4/15/2014)

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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,

v.
FACEBOOK, INC.,
Defendant.

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[PROPOSED ORDER NO. 1]
CONSOLIDATING RELATED ACTIONS
AND APPOINTING INTERIM COUNSEL

Plaintiffs,

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Case No. C 13-5996 PJH

The Court has read and considered the views and proposals of the parties as set forth in
Plaintiffs’ Motion to Consolidate Related Actions and Appoint Interim Counsel, and, good cause
appearing, the Court ORDERS as follows:
I.

Consolidation of Related Actions
1.

This order shall govern the following actions: Campbell et al. v. Facebook,

Inc., No. 13-CV-05996 (N.D. Cal.), the related case Shadpour v. Facebook, Inc., No. 14-CV00307 (N.D. Cal.), and any related actions subsequently filed in this Court, or otherwise
transferred or removed to this Court (collectively, “the Actions”). The Actions are hereby
consolidated for all purposes pursuant to Fed. R. Civ. P. 42(a).

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1162279.2

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[PROPOSED] ORDER NO. 1
CASE NOS. 13-CV-05996, 13-CV-00307

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II.

Organization of Plaintiffs’ Counsel
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Plaintiffs’ Executive Committee. The Court appoints an Executive

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Committee composed of the following Plaintiffs’ Counsel for purposes of prosecution, settlement,

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or mediation of the Actions (“the Litigation”):

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Lieff Cabraser Heimann & Bernstein, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: [phone]

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Carney Bates & Pulliam, PLLC
11311 Arcade Drive
Little Rock, AR 72212
Telephone: [phone]

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Pomerantz, LLP
600 Third Avenue, 20th Floor
New York, New York 10016
Telephone: [phone]

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3.

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Bernstein, LLP, and Carney, Bates, & Pulliam, PLLC, together, to serve as Co-Lead Counsel.
4.

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Co-Lead Counsel. The Court appoints Lieff, Cabraser, Heimann &

Plaintiffs’ Liaison Counsel. The Court appoints Lieff, Cabraser, Heimann

& Bernstein, LLP to serve as Plaintiffs’ Liaison Counsel.

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5.

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Committee shall:

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Duties of Plaintiffs’ Executive Committee. Plaintiffs’ Executive

(a)

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Consult on all major strategic decisions in the Litigation;

(b)

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Fund the necessary and appropriate costs of discovery and other
common benefit efforts;

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(c)

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Maintain adequate time and disbursement records covering services
as designated counsel; and

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(d)

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Encourage full cooperation and efficiency among all Plaintiffs’
counsel.

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6.

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1162279.2

Duties of Co-Lead Counsel. Co-Lead Counsel shall:
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[PROPOSED] ORDER NO. 1
CASE NOS. 13-CV-05996, 13-CV-00307

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(a)

Serve as the sole spokespersons on behalf of the Plaintiffs and the

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class at all court appearances or mediation sessions in the

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Litigation;

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(b)

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Serve as the sole contact persons between Plaintiffs’ counsel and
Defendant’s counsel regarding the prosecution, mediation, or

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settlement of the Litigation.

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(c)

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Serve as the sole spokespersons for Plaintiffs’ counsel appearing in
any subsequently filed cases which are related, coordinated, or

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consolidated with the Litigation;

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(d)

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Schedule and lead meetings of Plaintiffs’ Executive Committee or
of other Plaintiffs’ counsel;

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(e)

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Enter into stipulations with opposing counsel, as necessary, for the
conduct of the Litigation.

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(f)

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Coordinate and assign all work among Plaintiffs’ counsel, including
responsibilities for:

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i.
ii.

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briefing and argument of motions;
the initiating and obtaining discovery propounded by
Plaintiffs;

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iii.
iv.

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1162279.2

pretrial preparation;

vi.

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briefing and conducting mediation or settlement;

v.

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responding to discovery propounded to Plaintiffs;

trial;
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[PROPOSED] ORDER NO. 1
CASE NOS. 13-CV-05996, 13-CV-00307

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vii.
viii.

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have exclusive responsibility for filing all motions or any other pleading with the Court. In
addition, Plaintiffs’ Liaison Counsel shall:
(a)

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the litigation and promptly advise the Court and Defendant’s

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counsel of changes to Plaintiffs’ Service List;

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(b)

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documents are not electronically filed;

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(c)

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Defendant’s counsel that are not electronically filed;

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(d)

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instituted in, removed to, or transferred to, these proceedings; and

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(e)

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matters.

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Interim Class Counsel. Lieff Cabraser Heimann & Bernstein, LLP, Carney

Bates & Pulliam, PLLC, and Pomerantz LLP, together, shall serve as Interim Class Counsel
pursuant to Fed. R. Civ. P. 23(g)(2)(A) until further order of the Court.

S

IT IS SO ORDERED.

4/15/14

By:

IT IS S

Phyllis J. Hamilton, JUDGE
UNITED STATES DISTRICT COURT
RT

Judge Ph

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1162279.2

4

amilton

yllis J. H

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ERED

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Dated:

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8.

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Communicate with the Court, on behalf of the Plaintiffs’ Executive
Committee, concerning scheduling and other administrative

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Maintain a file-endorsed copy of this Order No. 1, and serve the
same on the parties and/or their attorneys in any actions later

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Receive and distribute to Plaintiffs’ counsel, as appropriate,
discovery pleadings and correspondence and other documents from

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Receive and distribute to Plaintiffs’ counsel, as appropriate, Orders,
notices, and correspondence from the Court, to the extent such

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Maintain an up-to-date, comprehensive Service List of Plaintiffs in

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Duties of Plaintiffs’ Liaison Counsel. Plaintiffs’ Liaison Counsel shall

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7.

prosecuting or defending any appeal.

UNIT
ED

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post-trial proceedings; and

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F
D IS T IC T O
R

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[PROPOSED] ORDER NO. 1
CASE NOS. 13-CV-05996, 13-CV-00307