Campbell et al v. Facebook Inc.

Filing 26

STIPULATION WITH PROPOSED ORDER SETTING BRIEFING SCHEDULE AND HEARING DATE FOR DEFENDANT FACEBOOK, INC.'S MOTION TO DISMISS PLAINTIFFS' CONSOLIDATED AMENDED COMPLAINT filed by Facebook Inc.. (Jessen, Joshua) (Filed on 6/6/2014) Modified on 6/9/2014 (vlkS, COURT STAFF).

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GIBSON, DUNN & CRUTCHER LLP
JOSHUA A. JESSEN, SBN 222831
[e-mail]
JEANA BISNAR MAUTE, SBN 290573
[e-mail]
JESSICA S. OU, SBN 280534
[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 DIVISON

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

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Plaintiffs,
v.
FACEBOOK, INC.,
Defendant.

Case No. C 13-05996 PJH
CLASS ACTION
JOINT STIPULATION AND [PROPOSED]
ORDER SETTING BRIEFING SCHEDULE
AND HEARING DATE FOR DEFENDANT
FACEBOOK, INC.’S MOTION TO
DISMISS PLAINTIFFS’ CONSOLIDATED
AMENDED COMPLAINT
The Honorable Phyllis J. Hamilton

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Gibson, Dunn &
Crutcher LLP

JOINT STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND HEARING DATE FOR
DEFENDANT FACEBOOK, INC.’S MOTION TO DISMISS PLAINTIFFS’ CONSOLIDATED AMENDED COMPLAINT; Case
No. C 13-05996 PJH

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WHEREAS, on April 25, 2014, Plaintiffs filed their Consolidated Amended Class Action
Complaint (“Complaint”) (Dkt. No. 25);

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WHEREAS, the current deadline for Defendant Facebook, Inc. (“Facebook”) to respond to

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the Complaint is June 9, 2014 (45 days from the date Plaintiffs filed the Complaint) (Dkt. No. 17);

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WHEREAS, Facebook plans to file a Motion to Dismiss the Complaint (“Motion”);

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WHEREAS, the Parties have met and conferred regarding a briefing schedule and hearing

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date for Facebook’s Motion, and respectfully request, pursuant to Civil L.R. 6-2, that the Court enter

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the schedule set forth below, which provides the Parties adequate time for briefing and takes into

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account summer travel schedules;

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WHEREAS, this case was filed in December 2013, no schedule has been entered, and the

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Parties’ requested briefing schedule and hearing date would not prejudice the interests of the Parties

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or the Court;

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NOW, THEREFORE, pursuant to Civil L.R. 6-2, and subject to the approval of the Court, the

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Parties hereby stipulate and request that the Court enter the following briefing schedule for

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Facebook’s Motion to Dismiss:

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1.

Facebook’s Motion to Dismiss shall be filed and served no later than June 17, 2014.

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2.

Plaintiffs’ Opposition shall be filed and served no later than July 30, 2014.

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3.

Facebook’s Reply shall be filed and served no later than August 28, 2014.

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4.

Facebook’s Motion to Dismiss shall be heard on September 17, 2014 at 9:00 a.m.

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The Parties have requested no previous modifications to the briefing schedule for the Motion.

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Respectfully submitted,

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DATED: June 6, 2014

GIBSON, DUNN & CRUTCHER LLP

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By:

/s/
JOSHUA A. JESSEN

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Gibson, Dunn &
Crutcher LLP

Attorneys for Defendant Facebook, Inc.
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JOINT STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND HEARING DATE FOR
DEFENDANT FACEBOOK, INC.’S MOTION TO DISMISS PLAINTIFFS’ CONSOLIDATED AMENDED COMPLAINT; Case
No. C 13-05996 PJH

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DATED: June 6, 2014

LIEFF CABRASER HEIMANN & BERNSTEIN

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By:

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/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: June 6, 2014

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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JOINT STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND HEARING DATE FOR
DEFENDANT FACEBOOK, INC.’S MOTION TO DISMISS PLAINTIFFS’ CONSOLIDATED AMENDED COMPLAINT; Case
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:

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1.

Facebook’s Motion to Dismiss shall be filed and served no later than June 17, 2014.

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2.

Plaintiffs’ Opposition shall be filed and served no later than July 30, 2014.

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3.

Facebook’s Reply shall be filed and served no later than August 28, 2014.

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4.

Facebook’s Motion to Dismiss shall be heard on September 17, 2014 at 9:00 a.m.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: ________________________
The Honorable Phyllis J. Hamilton
United States District Court Judge

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Gibson, Dunn &
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JOINT STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND HEARING DATE FOR
DEFENDANT FACEBOOK, INC.’S MOTION TO DISMISS PLAINTIFFS’ CONSOLIDATED AMENDED COMPLAINT; Case
No. C 13-05996 PJH