Campbell et al v. Facebook Inc.

Filing 84

MOTION to Appear by Telephone Plaintiffs' Request for Telephonic Discovery Conference filed by Matthew Campbell, Michael Hurley, David Shadpour. (Attachments: # 1 Declaration of David T. Rudolph in Support of Plaintiffs' Request for Telephonic Conference, # 2 Exhibit A)(Rudolph, David) (Filed on 6/5/2015)

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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

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
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
2800 Cantrell Road, Suite 510
Little Rock, AR 72202
Telephone: [phone]
Facsimile: 501.312.8505

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Attorneys for Plaintiffs and the Proposed Class
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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

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Case No. 4:13-cv-05996-PJH (MEJ)
DECLARATION OF DAVID T. RUDOLPH IN
SUPPORT OF PLAINTIFFS’ REQUEST FOR
TELEPHONIC DISCOVERY CONFERENCE

Plaintiffs,
v.
FACEBOOK, INC.,

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Defendant.

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1260213.1

DECLARATION OF DAVID T. RUDOLPH
CASE NO. 4:13-CV-05996-PJH (MEJ)

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I, David T. Rudolph, hereby declare:

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1.

I am a member in good standing of the California State Bar and Of Counsel in the

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law firm Lieff, Cabraser, Heimann & Bernstein, LLP, counsel for the plaintiffs in the above-

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captioned Action (Plaintiffs). I have personal knowledge of the facts set forth herein, and if

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called to testify thereto, I could and would do so competently. I submit this declaration in support

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of Plaintiffs’ Request for a Telephonic Discovery Conference.

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2.

Attached hereto as Exhibit A is a true and correct copy of portions of email

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correspondence between myself and Facebook’s counsel, Joshua Jessen, dated June 3 and 4,

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2015.

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3.

Consistent with this Court’s Discovery Standing Order, on June 3, 2015, I

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informed Facebook’s counsel that Plaintiffs intended to submit a letter brief seeking to compel

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the deposition of Alex Himel the week of June 15, 2015 and, given the time-sensitive nature of

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this dispute, Plaintiffs would seek expedited resolution of this issue. Ex. A at 4. I accordingly

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proposed that the parties exchange their respective positions on June 4, 2015, and that the joint

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letter brief be filed on June 5, 2015. Id.

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4.

Facebook rejected this schedule, and instead suggested that the parties “discuss a

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bilateral briefing schedule for both our letter brief regarding Mr. Shadpour and your letter brief

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regarding Mr. Himel.” Id. Facebook has indicated that it intends to move to compel discovery

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from named plaintiff David Shadpour, and the parties have agreed to a briefing schedule for that

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issue under which the parties exchange initial positions on June 9, 2015, exchange revisions to

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their positions the following week on June 16, 2015 and file the letter brief June 17, 2015.

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5.

Because Plaintiffs seek to compel Mr. Himel’s deposition to take place the week

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of June 15, 2015 a “reciprocal” briefing schedule on these two issues by which both briefs would

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be filed on June 17, 2015 is not feasible, and I instead proposed the following compromise

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schedule: the parties will exchange positions June 5, 2015, the parties will exchange any

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revisions to their positions on June 8, 2015, and the letter brief will be filed on June 9, 2015. Ex.

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A at 2.

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1260213.1

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DECLARATION OF DAVID T. RUDOLPH
CASE NO. 4:13-CV-05996-PJH (MEJ)

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6.

Facebook’s counsel did not agree to this schedule, and instead suggested the

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parties further meet and confer on the scheduling of Mr. Himel’s deposition, despite the fact that

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the parties had already met and conferred in person and reached an impasse. Ex. A at 1.

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conference on June 5, 2015 after 2 p.m. on June 8, 2015 or June 9, 2015 prior to 12 p.m.

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Counsel for the parties have conferred and are generally available for a telephonic

I declare under penalty of perjury that the foregoing is true and correct and that this
Declaration was signed in San Francisco, California, on June 5, 2014.
Dated: June 5, 2015

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By:

/s/ David T. Rudolph
David T. Rudolph

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1260213.1

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DECLARATION OF DAVID T. RUDOLPH
CASE NO. 4:13-CV-05996-PJH (MEJ)