Campbell et al v. Facebook Inc.
Filing
85
RESPONSE (re 84 MOTION to Appear by Telephone Plaintiffs' Request for Telephonic Discovery Conference ) filed byFacebook Inc.. (Attachments: # 1 Declaration of Joshua Jessen In Support of Response to Plaintiffs' Request for Telephonic Conference, # 2 Declaration of Christopher Chorba In Support of Response to Plaintiffs' Request for Telephonic Conference)(Jessen, Joshua) (Filed on 6/5/2015)
1
2
3
4
5
6
7
8
9
10
11
12
13
GIBSON, DUNN & CRUTCHER LLP
JOSHUA A. JESSEN, SBN 222831
JJessen@gibsondunn.com
JEANA BISNAR MAUTE, SBN 290573
JBisnarMaute@gibsondunn.com
ASHLEY M. ROGERS, SBN 286252
ARogers@gibsondunn.com
1881 Page Mill Road
Palo Alto, California 94304
Telephone: (650) 849-5300
Facsimile: (650) 849-5333
GIBSON, DUNN & CRUTCHER LLP
GAIL E. LEES, SBN 90363
GLees@gibsondunn.com
CHRISTOPHER CHORBA, SBN 216692
CChorba@gibsondunn.com
333 South Grand Avenue
Los Angeles, California 90071
Telephone: (213) 229-7000
Facsimile: (213) 229-7520
Attorneys for Defendant
FACEBOOK, INC.
14
UNITED STATES DISTRICT COURT
15
NORTHERN DISTRICT OF CALIFORNIA
16
OAKLAND DIVISON
17
18
19
20
21
22
MATTHEW CAMPBELL, MICHAEL
HURLEY, and DAVID SHADPOUR,
Plaintiffs,
v.
FACEBOOK, INC.,
Defendant.
Case No. C 13-05996 PJH (MEJ)
PUTATIVE CLASS ACTION
DECLARATION OF CHRISTOPHER
CHORBA IN SUPPORT OF DEFENDANT
FACEBOOK, INC.’S RESPONSE TO
PLAINTIFFS’ REQUEST FOR
TELEPHONIC DISCOVERY
CONFERENCE
23
24
25
26
27
28
Gibson, Dunn &
Crutcher LLP
DECLARATION OF CHRISTOPHER CHORBA IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S RESPONSE TO
PLAINTIFFS’ REQUEST FOR TELEPHONIC DISCOVERY CONFERENCE; Case No. C 13-05996 PJH (MEJ)
1
I, Christopher Chorba, declare as follows:
2
1.
I am an attorney admitted to practice law before this Court. I am a partner in the law
3
firm of Gibson, Dunn & Crutcher LLP, and I am one of the attorneys responsible for the
4
representation of Defendant Facebook, in the above-referenced action. I submit this declaration in
5
support of Facebook’s Response to Plaintiff’s Request for a Telephonic Discovery Conference.
6
Unless otherwise stated, the following facts are within my personal knowledge and, if called and
7
sworn as a witness, I could and would testify competently to these facts.
8
2.
I have had several telephonic conversations with Michael Sobol, counsel for plaintiffs,
9
regarding the scheduling of depositions in this action. I believe that Plaintiffs refer to one of these
10
conversations in their Request for a Telephonic Discovery Conference (Dkt. 84) at page 1:25-28:
11
During a telephonic meet and confer in mid-May 2015, counsel for Plaintiffs
requested deposition dates in mid-June for Facebook’s declarant in support of
Plaintiffs’ motion to compel source code. Facebook was non-committal but
did not notify Plaintiffs of any concerns related to the declarant’s availability.
12
13
14
15
3.
The preceding statement, which Plaintiffs do not support with a declaration, is
16
incomplete and inaccurate. While it is true that I spoke with Mr. Sobol on May 12, 2015, at
17
approximately 1:30 p.m., regarding deposition scheduling, I did note Facebook’s “concerns related to
18
the declarant’s availability” to Mr. Sobol. Specifically, I explained to Mr. Sobol that Facebook was
19
still in the process of collecting responsive documents and determining whether it would provide a
20
declaration from a Facebook employee (and which employee that would be), but that my client had
21
not yet settled on the identity of the potential declarant. On at least two occasions during this
22
conversation, I noted to Mr. Sobol that I could not guarantee that the as-yet unidentified declarant
23
would be available during any specific time (such as the week of June 15 or before July 2) for a
24
deposition. I further noted to Mr. Sobol that plaintiffs did not request a deposition during the
25
discovery conference on April 13. Mr. Sobol responded that it was “implicit” in the Court’s order
26
setting a schedule, and I explained that Facebook disagreed with this interpretation. I also noted that
27
Facebook would work with him to schedule the deposition, but that Facebook would not produce the
28
witness more than one time in this action (a position that Plaintiffs’ counsel has taken with respect to
Gibson, Dunn &
Crutcher LLP
1
DECLARATION OF CHRISTOPHER CHORBA IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S RESPONSE TO
PLAINTIFFS’ REQUEST FOR TELEPHONIC DISCOVERY CONFERENCE; Case No. C 13-05996 PJH (MEJ)
1
their own clients’ depositions). All of these statements relate to the “declarant’s availability,” in
2
conflict with Plaintiffs’ statement in their Request for a Telephonic Discovery Conference that this
3
subject did not arise during our discussions.
4
I declare under penalty of perjury under the laws of the United States of America and the
5
State of California that the foregoing is true and correct, and that I executed this Declaration at Los
6
Angeles, California, on June 5, 2015.
7
8
/s/
Christopher Chorba
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Gibson, Dunn &
Crutcher LLP
2
DECLARATION OF CHRISTOPHER CHORBA IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S RESPONSE TO
PLAINTIFFS’ REQUEST FOR TELEPHONIC DISCOVERY CONFERENCE; Case No. C 13-05996 PJH (MEJ)
1
2
ATTORNEY ATTESTATION
3
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 Christopher Chorba.
4
DATED: June 5, 2015
GIBSON, DUNN & CRUTCHER LLP
5
6
7
By:
/s/
Joshua A. Jessen
Attorneys for Defendant FACEBOOK, INC.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Gibson, Dunn &
Crutcher LLP
3
DECLARATION OF CHRISTOPHER CHORBA IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S RESPONSE TO
PLAINTIFFS’ REQUEST FOR TELEPHONIC DISCOVERY CONFERENCE; Case No. C 13-05996 PJH (MEJ)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?