Campbell et al v. Facebook Inc.

Filing 31

RESPONSE (re 29 MOTION to Dismiss Consolidated Amended Complaint ) filed byMatthew Campbell, Michael Hurley, David Shadpour. (Attachments: # 1 Declaration of Michael W. Sobol, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Sobol, Michael) (Filed on 7/30/2014)

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 for 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,

DECLARATION OF MICHAEL W.
SOBOL IN SUPPORT OF PLAINTIFFS’
OPPOSITION TO MOTION TO DISMISS

Plaintiffs,

23
24

v.

25

FACEBOOK, INC.,

26

Case No. C 13-05996 PJH

HEARING
Date:
September 17, 2014
Time:
9:00 a.m.
Place:
Courtroom 3, 3rd Floor
The Honorable Phyllis J. Hamilton

Defendant.

27
28
DECLARATION OF MICHAEL W. SOBOL
CASE NO. C 13-05996 PJH

1

I, Michael W. Sobol, declare as follows:

2

1.

I am a partner of the law firm Lieff Cabraser Heimann & Bernstein, LLP,

3

representing the Plaintiffs in the above-entitled action. I am a member in good standing of the

4

State Bar of California. I have personal knowledge of the statements contained in this

5

Declaration and if called to testify, I could and would testify competently to them.

6

2.

Attached as Exhibit A is a true and correct copy of Facebook’s current Statement

7

of Rights and Responsibilities, dated November 15, 2013, the text of which is available online at

8

https://www.facebook.com/legal/terms.

9

3.

Attached as Exhibit B is a true and correct copy of Facebook’s current Data Use

10

Policy, dated November 15, 2013, the text of which is available online at

11

https://www.facebook.com/about/privacy/.

12
13
14

4.

Attached as Exhibit C is a true and correct copy of Senate Report No. 99-541,

dated October 17, 1986.
5.

Attached as Exhibit D is a true and correct copy of a Memorandum of Decision

15

and Order on Defendant’s Motion to Dismiss, in Marquis v. Google, No. 11-2808-BLS1 in

16

Massachusetts Superior Court, dated January 17, 2012.

17

6.

Persons under my direction conducted a reasonable search and were unable to

18

verify the authenticity of the documents submitted as Exhibits B, C, E, and F to the Declaration of

19

Jeremy Jordan submitted in support of Defendant’s Motion to Dismiss.

20
21
22

I declare under penalty of perjury that the foregoing is true and correct and that this
Declaration was signed in San Francisco, California, on July 30, 2014.

23
24
25

Michael W. Sobol

26
27
28
-1-

DECLARATION OF MICHAEL W. SOBOL

CASE NO. C 13-05996 PJH