Campbell et al v. Facebook Inc.

Filing 89

Joint Discovery Letter Brief Regarding Plaintiff David Shadpour filed by Facebook Inc.. (Attachments: # 1 Exhibits A-B)(Jessen, Joshua) (Filed on 6/18/2015)

1
2
3
4
5
6
7
8
9
10
11
12
13

GIBSON, DUNN & CRUTCHER LLP
JOSHUA A. JESSEN, SBN 222831
[e-mail]
JEANA BISNAR MAUTE, SBN 290573
[e-mail]
ASHLEY M. ROGERS, SBN 286252
[e-mail]
1881 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
GIBSON, DUNN & CRUTCHER LLP
GAIL E. LEES, SBN 90363
[e-mail]
CHRISTOPHER CHORBA, SBN 216692
[e-mail]
333 South Grand Avenue
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
FACEBOOK, INC.
UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA

15
16
17

OAKLAND DIVISION
MATTHEW CAMPBELL, MICHAEL
HURLEY, and DAVID SHADPOUR,

18
19
20

Case No. C 13-05996 PJH
CONSOLIDATED CLASS ACTION

Plaintiffs,

DEFENDANT FACEBOOK, INC.’S FIRST
SET OF REQUESTS FOR PRODUCTION
OF DOCUMENTS TO PLAINTIFF DAVID
SHADPOUR

v.
FACEBOOK, INC.,

21

Defendant.

22
23

PROPOUNDING PARTY:

FACEBOOK, INC.

24

RESPONDING PARTY:

DAVID SHADPOUR

25

SET NO.

ONE (1)

26
27
28
Gibson, Dunn &
Crutcher LLP

DEFENDANT FACEBOOK, INC.’S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF DAVID SHADPOUR - Case No. C 13-05996 PJH

1

Pursuant to Federal Rules of Civil Procedure 26 and 34 (the “Federal Rules”) and the Local

2

Rules of this Court (the “Local Rules”), Defendant Facebook, Inc. hereby requests that Plaintiff

3

David Shadpour produce the following documents in his possession, custody or control in accordance

4

with the definitions and instructions contained herein to the undersigned attorneys for inspection and

5

copying at the offices of Gibson, Dunn & Crutcher LLP, 1881 Page Mill Road, Palo Alto, CA 94304,

6

within thirty (30) days after service hereof. The following requests for documents (the “Requests”)

7

are to be read in accordance with the definitions and respective instructions that follow, as well as the

8

applicable Federal Rules and Local Rules.

9

DEFINITIONS

10

For purposes of these Requests and the instructions thereto, the following definitions apply:

11

1.

12
13

The definitions and rules of construction set forth in Rule 34 of the Federal Rules are

incorporated herein.
2.

“ACTION” means and refers to the above-captioned lawsuit entitled Matthew

14

Campbell et al. v. Facebook, Inc., Case No. C 13-05996 PJH, now pending in the United States

15

District Court for the Northern District of California, and assigned to the Honorable Phyllis J.

16

Hamilton.

17

3.

“YOU,” “YOUR,” and/or “YOURSELF” refers to David Shadpour, a Plaintiff in the

18

ACTION, and anyone acting on YOUR behalf. Any DOCUMENTS referred to herein shall include

19

those in YOUR possession, custody, or control.

20
21
22

4.

“COMPLAINT” means and refers to YOUR “Consolidated Amended Class Action

Complaint,” filed on or about April 25, 2014, in the ACTION (Dkt. No. 25).
5.

“COMMUNICATION” and “COMMUNICATIONS” include, without limitation, any

23

transmission or transfer of information of any kind, whether orally, electronically, in writing, or in

24

any other manner, at any time or place, and under any circumstances whatsoever.

25

6.

“DOCUMENT” and “DOCUMENTS” have the full meaning ascribed to those terms

26

under Federal Rule 34 and include, without limitation, any and all drafts; COMMUNICATIONS;

27

correspondence; memoranda; records; reports; books; records, reports and/or summaries of personal

28

conversations or interviews; diaries; graphs; charts; diagrams; tables; photographs; recordings; tapes;
1

Gibson, Dunn &
Crutcher LLP

DEFENDANT FACEBOOK, INC.’S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF DAVID SHADPOUR - Case No. C 13-05996 PJH

1

microfilms; minutes; records, reports and/or summaries of meetings or conferences; records and

2

reports of consultants; press releases; stenographic handwritten or any other notes; work papers;

3

checks, front and back; check vouchers, check stubs or receipts; tape data sheets or data processing

4

cards or discs or any other written, recorded, transcribed, punched, taped, filmed or graphic matter,

5

however produced or reproduced; and any paper or writing of whatever description, including any

6

computer database or information contained in any computer although not yet printed out.

7

“DOCUMENT” and “DOCUMENTS” specifically include all e-mail accounts of YOU and YOUR

8

representatives and/or agents. A draft or nonidentical copy is a separate document within the

9

meaning of this term.

10

7.

“FACEBOOK” refers to Facebook, Inc., the Defendant in this ACTION, and anyone

11

acting on FACEBOOK’s behalf, as well as www.facebook.com and any FACEBOOK mobile

12

application.

13

8.

“FACEBOOK MESSAGES PRODUCT” refers to the FACEBOOK product that

14

YOU allege in the COMPLAINT that YOU used, which allows FACEBOOK users to share content

15

by sending or receiving a message.

16

9.

“PERSON” or “PERSONS” means an individual, or any public or private organization

17

or entity, including an agency, commission, committee, partnership, joint venture, corporation,

18

association, trust, estate, political subdivision, department, office, or board or any similar entity.

19
20

INSTRUCTIONS
1.

These Requests should be construed as broadly as possible with all doubts resolved in

21

favor of production. The words “all,” “any,” “each,” “and,” and “or” shall be construed

22

conjunctively or disjunctively as necessary to make the Request inclusive rather than exclusive.

23

Except as specifically provided in these Requests, words imparting the singular shall include the

24

plural and vice versa, where appropriate. Except as specifically provided in these Requests, words

25

imparting the present tense shall also include the past and future tenses and vice versa, where

26

appropriate.

27
28
2
Gibson, Dunn &
Crutcher LLP

DEFENDANT FACEBOOK, INC.’S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF DAVID SHADPOUR - Case No. C 13-05996 PJH

1

2.

All requested DOCUMENTS must be produced in their entirety, without

2

abbreviations, redaction, or expurgation and with all attachments and enclosures, regardless of

3

whether YOU consider the attachments and enclosures to be relevant or responsive to each Request.

4
5
6

3.

In responding to each Request, YOU are to produce each and every DOCUMENT in

YOUR possession, custody or control.
4.

For purposes of these Requests, a DOCUMENT is deemed to be in YOUR “control” if

7

any of YOUR attorneys, agents, accountants, financial or tax advisors, or any other PERSON

8

purporting to act on YOUR behalf has actual physical possession of the DOCUMENT or a copy

9

thereof, or if YOU have the right to secure the DOCUMENT or copy thereof from another PERSON

10
11

having actual physical possession of the DOCUMENT.
5.

If YOUR response to a Request is that a DOCUMENT is not in YOUR possession,

12

custody, or control, describe in detail the efforts made to locate it and identify who has the

13

possession, custody or control of the DOCUMENT.

14

6.

If any DOCUMENT requested herein was formerly in YOUR possession, custody, or

15

control or of any agent, servant, employee, or other PERSON acting or purporting to act on YOUR

16

behalf and said DOCUMENT has since been lost or destroyed, YOU are to submit a written

17

statement that describes, in detail, the nature of the DOCUMENT and its contents; identifies the

18

PERSON who prepared the document and, if applicable, the PERSON or PERSONS to whom the

19

DOCUMENT was sent or disclosed; specifies the date on which the DOCUMENT was prepared,

20

transmitted, or received; specifies, if known, the date on which the DOCUMENT was lost or

21

destroyed and the conditions of and the reasons for such loss or destruction and the names of those

22

PERSONS last in possession of or those PERSONS requesting and performing the destruction of

23

such documents; and identifies all PERSONS with knowledge of any portions of the contents of the

24

DOCUMENT.

25

7.

Pursuant to Rule 34(b) of the Federal Rules, YOU shall produce responsive

26

DOCUMENTS as they have been kept in the usual course of business or shall organize and label

27

them to correspond to the Requests. In either case, DOCUMENTS contained in file folders, loose-

28

leaf binders, and notebooks with tabs or labels identifying such documents are to be produced intact
3

Gibson, Dunn &
Crutcher LLP

DEFENDANT FACEBOOK, INC.’S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF DAVID SHADPOUR - Case No. C 13-05996 PJH

1

with such file folders, loose-leaf binders, or notebooks. All DOCUMENTS that are physically

2

attached to each other shall be left so attached. DOCUMENTS that are segregated or separated from

3

other documents shall be left so segregated or separated.

4

8.

Each Request herein requires that YOU produce any and all DOCUMENTS from

5

personal computers, notebook or laptop computers, tablet devices, file servers, personal digital

6

assistants (PDAs), cellular telephones, minicomputers, mainframe computers, Web servers, Internet

7

servers, cloud storage, or other storage devices including web pages, hard disk drives, flash drives,

8

floppy disks, databases, backup or archival tapes, containing the requested DOCUMENTS. All

9

relevant DOCUMENTS that are accessible on the storage media and that are erased or deleted but

10
11

recoverable through any means whatsoever should be produced.
9.

Electronically stored DOCUMENTS, including e-mail, web pages and html files, shall

12

be produced in the form or forms in which they are ordinarily maintained or in a form that is

13

reasonably usable.

14

10.

One copy of each DOCUMENT requested is to be produced. Any copy of a

15

DOCUMENT that varies in any way from the original or from any other copy of the document,

16

whether by reason of handwritten or other notation or otherwise, shall constitute a separate

17

DOCUMENT and must be produced, whether or not the original is within YOUR possession,

18

custody, or control.

19

11.

If a requested DOCUMENT is withheld on the basis of any claim of privilege, YOU

20

must set forth the information necessary for FACEBOOK to ascertain whether the privilege properly

21

applies, including describing the DOCUMENT withheld, stating the privilege being relied upon, and

22

identifying all PERSONS (by name, title, address, company (if applicable), and relationship to YOU)

23

who have or have had access to such DOCUMENT (including all the identity(ies) of the author(s) or

24

maker(s), recipient(s), and carbon copy recipient(s)), the applicable date(s), and the subject matter(s)

25

in a privilege log.

26

12.

27

If any portion of any DOCUMENT responsive to these Requests is withheld under the

claim of privilege, any non-privileged portion of such DOCUMENT must be produced with the

28
4
Gibson, Dunn &
Crutcher LLP

DEFENDANT FACEBOOK, INC.’S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF DAVID SHADPOUR - Case No. C 13-05996 PJH

1

portion claimed to be privileged redacted and logged in a privilege log pursuant to the preceding

2

instructions.

3

13.

All objections to any category of DOCUMENTS to be produced pursuant to this

4

Request must be made in a written response served on counsel for FACEBOOK within the time

5

period for responding to these Requests.

6

14.

These Requests are to be regarded as continuing pursuant to Rule 26(e) of the Federal

7

Rules. YOU are required to provide, by way of supplementary responses hereto, such additional

8

information as may be obtained by YOU or any person acting on YOUR behalf that will augment or

9

modify YOUR answers now given to the following Requests. Pursuant to Rule 26(e) of the Federal

10

Rules, YOU are required to supplement these responses and provide additional DOCUMENTS

11

without a specific request from FACEBOOK.

12
13

15.

FACEBOOK serves these Requests without prejudice to its right to serve additional

requests for production of DOCUMENTS.

14
15
16

DOCUMENT REQUESTS
REQUEST NO. 1
Copies of all messages YOU have sent or received through the FACEBOOK MESSAGES

17

PRODUCT, including but not limited to “messages containing links to other websites’ URLs” as

18

alleged in paragraph 71 of YOUR COMPLAINT.

19

REQUEST NO. 2

20

All DOCUMENTS evidencing, supporting, and/or otherwise relating to all oral or written

21

representations, assurances, promises, and/or warranties that YOU allege were made by FACEBOOK

22

to YOU concerning FACEBOOK and/or the FACEBOOK MESSAGES PRODUCT, including but

23

not limited to the “disclosures and statements” upon which YOU relied in using FACEBOOK and/or

24

the FACEBOOK MESSAGES PRODUCT, as alleged in paragraph 71 of YOUR COMPLAINT.

25

REQUEST NO. 3

26
27

All DOCUMENTS evidencing, supporting, and/or otherwise relating to how and when YOU
first became aware of FACEBOOK’s alleged conduct referenced in YOUR COMPLAINT.

28
5
Gibson, Dunn &
Crutcher LLP

DEFENDANT FACEBOOK, INC.’S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF DAVID SHADPOUR - Case No. C 13-05996 PJH

1
2

REQUEST NO. 4
All DOCUMENTS evidencing, supporting, and/or otherwise relating to YOUR understanding

3

of how the FACEBOOK MESSAGES PRODUCT operates.

4

REQUEST NO. 5

5
6

All DOCUMENTS referenced or relied upon in YOUR COMPLAINT.
REQUEST NO. 6

7

All DOCUMENTS evidencing, supporting, and/or otherwise relating to the allegation in

8

paragraph 3 of YOUR COMPLAINT that “Facebook primarily generates revenue from targeted

9

advertising and the fundamental means of amassing the user data needed for effective targeted

10

advertising is through Facebook’s ‘Like’ function.”

11

REQUEST NO. 7

12

All DOCUMENTS evidencing, supporting, and/or otherwise relating to the allegation in

13

paragraph 25 of YOUR COMPLAINT that “whenever a private message contains a URL, Facebook

14

uses a software application called a ‘web crawler’ to scan the URL, sending HTTP requests to the

15

server associated with the URL and then seeking various items of information about the web page to

16

which the URL is linked.”

17

REQUEST NO. 8

18

All DOCUMENTS evidencing, supporting, and/or otherwise relating to the allegation in

19

paragraph 25 of YOUR COMPLAINT that “[o]n information and belief, Facebook’s interception

20

occurred in transit, in transmission, and/or during transfer of users’ private messages.”

21

REQUEST NO. 9

22

All DOCUMENTS evidencing, supporting, and/or otherwise relating to the allegation in

23

paragraph 41 of YOUR COMPLAINT that “[t]he presence of a Facebook ‘Like’ button on a web

24

page enables Facebook to collect individual users’ data, which it then employs in developing user

25

profiles to support and deliver targeted advertising — whether or not a user affirmatively clicks on

26

the button.”

27
28
6
Gibson, Dunn &
Crutcher LLP

DEFENDANT FACEBOOK, INC.’S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF DAVID SHADPOUR - Case No. C 13-05996 PJH

1
2

REQUEST NO. 10
All DOCUMENTS evidencing, supporting, and/or otherwise relating to the allegation in

3

paragraph 58 of YOUR COMPLAINT that “Facebook misleads users into believing that they have a

4

secure, private mechanism for communication – Facebook’s private messaging function – when, in

5

fact, Facebook intercepts and scans the content of private messages to gather data in an effort to

6

bolster its ‘social plug-in’ network, to improve its marketing algorithms, and to increase its ability to

7

profit from data about Facebook users.”

8

REQUEST NO. 11

9

All DOCUMENTS evidencing, supporting, and/or otherwise relating to the allegation in

10

paragraph 89 of YOUR COMPLAINT that “Facebook’s practice of intercepting, scanning, and

11

generating ‘Likes’ from, users’ private messages, are not necessary for the rendition of Facebook’s

12

private messaging service, the protection of Facebook’s rights or property, or the security of

13

Facebook users” and “have not be undertaken in the ordinary course of business of an electronic

14

communication service, as described in 28 U.S.C. § 2510(15).”

15

REQUEST NO. 12

16

All DOCUMENTS evidencing, supporting, and/or otherwise relating to the allegation in

17

paragraph 91 of YOUR COMPLAINT that “[n]o party to the electronic communications alleged

18

herein consented to Facebook’s interception or use of the contents of the electronic communications.”

19

REQUEST NO. 13

20

All DOCUMENTS evidencing, supporting, and/or otherwise relating to YOUR contention

21

that this ACTION is appropriate for class treatment, including but not limited to all DOCUMENTS

22

that support YOUR allegations in paragraphs 59−68 of YOUR COMPLAINT.

23

REQUEST NO. 14

24

All DOCUMENTS evidencing, supporting, and/or otherwise relating to any harm and/or

25

damage allegedly suffered by YOU due to the conduct complained of in this ACTION, including but

26

not limited to all DOCUMENTS relating to the specific and/or proximate cause of such harm and/or

27

damage.

28
7
Gibson, Dunn &
Crutcher LLP

DEFENDANT FACEBOOK, INC.’S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF DAVID SHADPOUR - Case No. C 13-05996 PJH

1
2

REQUEST NO. 15
All DOCUMENTS evidencing, supporting, and/or otherwise relating to

3

COMMUNICATIONS between YOU and FACEBOOK.

4

REQUEST NO. 16

5

All DOCUMENTS evidencing, supporting, and/or otherwise relating to all statements and/or

6

COMMUNICATIONS between YOU and/or YOUR counsel and any other person and/or entity

7

(including but not limited to all COMMUNICATIONS between YOU and all other putative class

8

members) relating to the ACTION and/or the allegations therein, excluding only privileged

9

COMMUNICATIONS between YOU and YOUR counsel (which must be recorded on a privilege log

10

as provided in the Instructions to these Requests).

11

REQUEST NO. 17

12

All DOCUMENTS evidencing, supporting, and/or otherwise relating to all putative class

13

action proceedings in which YOU have been involved, including but not limited to all transcripts,

14

declarations, and affidavits of any testimony provided by YOU in any such action(s), and any

15

judgments and/or court orders in any such action(s).

16

REQUEST NO. 18

17

All DOCUMENTS pertaining to this ACTION and/or the allegations in YOUR

18

COMPLAINT that YOU have received from any third party, whether such production was voluntary

19

or by compulsory process.

20

REQUEST NO. 19

21

All DOCUMENTS sufficient to identify all PERSONS having a financial interest in the

22

outcome of the ACTION.

23

REQUEST NO. 20

24
25

All DOCUMENTS identified in YOUR initial Rule 26 disclosures, and all supplemental
disclosures.

26
27
28
8
Gibson, Dunn &
Crutcher LLP

DEFENDANT FACEBOOK, INC.’S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF DAVID SHADPOUR - Case No. C 13-05996 PJH

1
2

REQUEST NO. 21
All DOCUMENTS evidencing, supporting, and/or otherwise relating to YOUR responses to

3

FACEBOOK’s First Set of Interrogatories served in this ACTION, including but not limited to all

4

DOCUMENTS identified in YOUR responses to those Interrogatories.

5

REQUEST NO. 22

6

All DOCUMENTS, including but not limited to newspaper articles, media reports, web pages,

7

social media posts, or blog posts that discuss, evidence, support, and/or otherwise relate to the

8

conduct challenged in YOUR COMPLAINT.

9

DATED: January 26, 2015

10

GIBSON, DUNN & CRUTCHER LLP
By:

/s/
Joshua A. Jessen

11
12

Attorneys for Defendant FACEBOOK, INC.

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
9
Gibson, Dunn &
Crutcher LLP

DEFENDANT FACEBOOK, INC.’S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF DAVID SHADPOUR - Case No. C 13-05996 PJH

1

PROOF OF SERVICE

2
3
4

I, Jeana Bisnar Maute, declare as follows:
I am employed in the County of Santa Clara, State of California, I am over the age of eighteen
years and am not a party to this action; my business address is 1881 Page Mill Road, Palo Alto, CA
94304-1211, in said County and State. On January 26, 2015, I served the following document(s):

5
6
7

DEFENDANT FACEBOOK, INC.’S FIRST SET OF REQUESTS FOR
PRODUCTION OF DOCUMENTS TO PLAINTIFF DAVID SHADPOUR
on the parties stated below, by the following means of service:
David F. Slade
[e-mail]
James Allen Carney
[e-mail]
Joseph Henry Bates, III
Carney Bates & Pulliam, PLLC
[e-mail]

8
9
10
11

Jeremy A. Lieberman
Pomerantz Grossman Hufford Dahlstrom & Gross LLP
[e-mail]

12
13

Melissa Ann Gardner
[e-mail]
Nicholas Diamand
[e-mail]
Rachel Geman
[e-mail]
Michael W. Sobol
Lieff Cabraser Heimann & Bernstein, LLP
[e-mail]

14
15
16
17
18

Jon A Tostrud
Tostrud Law Group, P.C.
[e-mail]

19
20

Lionel Z. Glancy
Glancy Binkow & Goldberg LLP
[e-mail]

21
22
23
24
25
26
27
28



BY UNITED STATES MAIL: I placed a true copy in a sealed envelope or package addressed
to the persons as indicated above, on the above-mentioned date, and placed the envelope for
collection and mailing, following our ordinary business practices. I am readily familiar with this
firm's practice for collecting and processing correspondence for mailing. On the same day that
correspondence is placed for collection and mailing, it is deposited with the U.S. Postal Service
in the ordinary course of business in a sealed envelope with postage fully prepaid. I am aware
that on motion of party served, service is presumed invalid if postal cancellation date or postage
meter date is more than one day after date of deposit for mailing set forth in this declaration.
I am a resident or employed in the county where the mailing occurred. The envelope or package
was placed in the mail at Palo Alto, California.
10

Gibson, Dunn &
Crutcher LLP

DEFENDANT FACEBOOK, INC.’S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF DAVID SHADPOUR - Case No. C 13-05996 PJH

1



BY MESSENGER SERVICE: I placed a true copy in a sealed envelope or package addressed
to the persons at the addresses listed above and providing them to a professional messenger
service for service for delivery before 5:00 p.m. on the above-mentioned date. (A declaration by
the messenger must accompany this Proof of Service.)



BY FAX TRANSMISSION: Based on an agreement of the parties to accept service by fax
transmission, I faxed the documents to the persons at the fax numbers listed above
at
[a.m./p.m.] , on January 26, 2015. The telephone number of the sending fax machine
is [number] No error was reported by the fax machine that I used. A copy of the record of the fax
transmission, which I printed out, is attached. This transmission report was properly issue by the
sending fax machine.



BY OVERNIGHT DELIVERY: On the above-mentioned date, I enclosed the documents in an
envelope or package provided by an overnight delivery carrier and addressed to the persons at
the addresses shown above. I placed the envelope or package for collection and overnight
delivery at an office or a regularly utilized drop box of the overnight delivery carrier with
delivery fees paid or provided for.



BY LEXISNEXIS: I provided the document(s) listed above electronically to LexisNexis
through the LexisNexis File & Serve website pursuant to the order authorizing electronic service
and the instructions on that website.



BY ELECTRONIC TRANSFER TO THE CM/ECF SYSTEM: On this date, I electronically
uploaded a true and correct copy in Adobe “pdf” format the above-listed document(s) to the
United States District Court’s Case Management and Electronic Case Filing (CM/ECF) system.
After the electronic filing of a document, service is deemed complete upon receipt of the Notice
of Electronic Filing (“NEF”) by the registered CM/ECF users.



BY ELECTRONIC SERVICE: On the above-mentioned date, based on a court order or an
agreement of the parties to accept service by electronic transmission, I caused the documents to
be sent to the persons at the electronic notification addresses as shown above.



(STATE)



(FEDERAL) I declare under penalty of perjury that the foregoing is true and correct.

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20

I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.

Executed on January 26, 2015.

21
/s/
Jeana Bisnar Maute

22
23
24
25
26
27
28
11
Gibson, Dunn &
Crutcher LLP

DEFENDANT FACEBOOK, INC.’S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
TO PLAINTIFF DAVID SHADPOUR - Case No. C 13-05996 PJH

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

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

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

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

Attorneys for Plaintiffs and the Proposed Class

12
13
14
15

18
19

UNITED STATES DISTRICT COURT

20

NORTHERN DISTRICT OF CALIFORNIA

21

OAKLAND DIVISION

22

MATTHEW CAMPBELL, MICHAEL
HURLEY, and DAVID SHADPOUR,

23
Plaintiffs,
24
v.
25

Case No. C 13-05996 PJH
PLAINTIFF DAVID SHADPOUR’S
OBJECTIONS AND RESPONSES TO
DEFENDANT FACEBOOK, INC.’S
FIRST SET OF REQUESTS FOR
PRODUCTION

FACEBOOK, INC.,
26
Defendant.
27
28
PLAINTIFF’S RESPONSES TO DEFENDANT’S FIRST
SET OF REQUESTS FOR PRODUCTION
CASE NO. C 13-05996 PJH

1

PROPOUNDING PARTY:

FACEBOOK, INC.

2

RESPONDING PARTY:

DAVID SHADPOUR, on behalf of himself and all
others similarly situated

SET NO.:

ONE

3
4
5

PRELIMINARY STATEMENT

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

Plaintiff has not completed his discovery in this action and has not completed his
preparation for trial. With regard to each Request for Production, Plaintiff reserves the right,
notwithstanding these answers and responses, to employ at trial or at any pre-trial proceeding
information subsequently obtained or discovered, information the materiality of which is not
presently ascertained, or information the Plaintiff does not regard as coming within the scope of
the Request for Production as Plaintiff understands them.
These responses are made solely for the purpose of this action. Each response is subject
to all objections as to competence, relevance, materiality, propriety, admissibility, privacy,
privilege, and any and all other objections that would require exclusion of any statement
contained here if any such Requests for Production were asked of, or any statement contained
here were made by, a witness present and testifying in court, all of which objections and grounds
are reserved and may be interposed at the time of trial.
Except for explicit facts admitted here, no incidental or implied admissions are intended.
Plaintiff’s response or objections to any Request for Production or part of a Request for
Production are not an admission of any facts set forth or assumed by that Request. In addition,
each of Plaintiff’s responses to a Request for Production or part of a Request for Production is not
a waiver of part or all of any objection he might make to that Request for Production, or an
admission that such answer or objection constitutes admissible evidence. All responses provided
are based on Plaintiff’s present information and belief.
GENERAL OBJECTIONS

26
27
28

A.

Plaintiff objects to each of the Requests to the extent it seeks information or

documents that are not relevant to a claim or defense of any party in this action nor likely to lead
-2-

PLAINTIFF’S RESPONSES TO DEFENDANT’S FIRST
SET OF REQUESTS FOR PRODUCTION
CASE NO. C 13-05996 PJH

1
2

to the discovery of admissible evidence or that is not relevant to the issue of class certification.
B.

Plaintiff objects to each of the Requests to the extent it is inconsistent with, or

3

seeks to impose obligations in excess of, the Federal Rules of Civil Procedure or the local rules of

4

the United States District Court of the Northern District of California, or any applicable

5

scheduling order, case management order, or other ruling of the court.

6

C.

Plaintiff objects to each of the Requests to the extent that they seek information

7

that is protected from discovery by the attorney-client privilege, work product doctrine, or any

8

other lawfully recognized privilege or protection (hereinafter “privileged information”). Any

9

inadvertent disclosure of privileged information is not intended and should not be construed to

10

constitute a waiver, either generally or specifically, with respect to such material or the subject

11

matter thereof.

12

D.

Plaintiff objects to each of the Requests to the extent they seek information that is

13

equally available to Defendant or obtainable from another source that is more convenient, less

14

burdensome or less expensive. Plaintiffs further object to each of the Requests to the extent they

15

purport to require Plaintiff to “produce back” to Defendant documents Plaintiff obtains from

16

Defendant. Plaintiff will not produce to Defendant any documents that Plaintiff obtains from

17

Defendant as part of Defendant’s production of documents, unless Plaintiff possesses those

18

documents from a source other than Defendant’s document production during the course of this

19

litigation.

20

E.

Plaintiff objects to each of the Requests to the extent it relates to an opinion or

21

contention on the grounds that such discovery requests are premature and inappropriate until after

22

substantial discovery has occurred.

23

F.

Plaintiff has not completed his investigation or discovery regarding this matter.

24

Plaintiff expressly reserves the right to supplement, amend, correct, or clarify their responses and

25

objections to the Requests with subsequently obtained or discovered information or documents.

26

G.

Plaintiff objects to each Request served by Defendant in this action to the extent it

27

is overly broad, burdensome, oppressive, vague, or generally non-specific so as not to indicate

28

what a full and complete response would be.
-3-

PLAINTIFF’S RESPONSES TO DEFENDANT’S FIRST
SET OF REQUESTS FOR PRODUCTION
CASE NO. C 13-05996 PJH

1
2
3
4

H.

Plaintiff asserts these objections without waiving or intending to waive any

objections as to competency, relevancy, materiality, or privilege.
Subject to and without waiving the foregoing objections, and incorporating them by
reference into each of the responses provided below, Plaintiff responds as follows:

5

PLAINTIFF’S RESPONSE TO REQUESTS FOR PRODUCTION OF DOCUMENTS

6

NOW COMES Plaintiff, DAVID SHADPOUR, by and through his attorneys, pursuant to

7

the applicable Federal Rule of Civil Procedure, and for his response to Defendant’s First Requests

8

for Production of Documents Propounded on Plaintiff, states as follows:

9

REQUEST NO. 1

10

Copies of all messages YOU have sent or received through the FACEBOOK MESSAGES

11

PRODUCT, including but not limited to “messages containing links to other websites’ URLs” as

12

alleged in paragraph 70 of YOUR COMPLAINT.

13

RESPONSE TO REQUEST NO. 1

14

Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

15

to this Request as overbroad insofar as it seeks messages that do not contain URLs, or the content

16

of messages other than URLs, and therefore does not seek information “that is relevant to the

17

claims or defenses of any party” or “reasonably calculated to lead to the discovery of admissible

18

evidence.” Fed. R. Civ. P. 26(b)(1). Plaintiff further objects on the grounds that this Request

19

seeks information related to third parties that is violative of rights to privacy firmly established by

20

the Constitutions of both the United States and the State of California. Plaintiff objects insofar as

21

this Request seeks information that is protected by the marital communications privilege. Subject

22

to and without waiving the foregoing objections, Plaintiff will produce any responsive, non-

23

privileged documents in his possession, custody, or control, if any.

24

REQUEST NO. 2

25

All DOCUMENTS evidencing, supporting, and/or otherwise relating to all oral or written

26

representations, assurances, promises, and/or warranties that YOU allege were made by

27

FACEBOOK to YOU concerning FACEBOOK and/or the FACEBOOK MESSAGES

28

PRODUCT, including but not limited to the “disclosures and statements” upon which YOU relied
-4-

PLAINTIFF’S RESPONSES TO DEFENDANT’S FIRST
SET OF REQUESTS FOR PRODUCTION
CASE NO. C 13-05996 PJH

1

in using FACEBOOK and/or the FACEBOOK MESSAGES PRODUCT, as alleged in

2

paragraph 70 of YOUR COMPLAINT.

3

RESPONSE TO REQUEST NO. 2

4

Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

5

to this Request as overbroad. Plaintiff further objects on the basis that the Request seeks

6

documents from Plaintiff that are already in Defendant’s possession. Insofar as the Request seeks

7

documents that will be produced by Defendant, the Request is premature. Subject to and without

8

waiver of the foregoing objections, Plaintiff will produce any responsive, non-privileged

9

documents in his possession, custody, or control, if any.

10
11

REQUEST NO. 3
All DOCUMENTS evidencing, supporting, and/or otherwise relating to how and when

12

YOU first became aware of FACEBOOK’s alleged conduct referenced in YOUR COMPLAINT.

13

RESPONSE TO REQUEST NO. 3

14

Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

15

to this Request as overbroad, and as calling for documents subject to the attorney-client privilege

16

and the work-product doctrine. Subject to and without waiver of the foregoing objections,

17

Plaintiff will produce any responsive, non-privileged documents in his possession, custody, or

18

control, if any.

19

REQUEST NO. 4

20

All DOCUMENTS evidencing, supporting, and/or otherwise relating to YOUR

21

understanding of how the FACEBOOK MESSAGES PRODUCT operates.

22

RESPONSE TO REQUEST NO. 4

23

Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

24

to this Request as overbroad. Insofar as the Request seeks documents that will be produced by

25

Defendant, the Request is premature. Plaintiff objects to this Request insofar as it seeks

26

documents that include expert material, and expressly reserves the right to supplement, clarify,

27

revise, or correct this response and to assert additional objections or privileges, in one or more

28

subsequent supplemental response(s) in accordance with the time period for exchanging expert
-5-

PLAINTIFF’S RESPONSES TO DEFENDANT’S FIRST
SET OF REQUESTS FOR PRODUCTION
CASE NO. C 13-05996 PJH

1

reports set by the Court. Subject to and without waiver of the foregoing objections, Plaintiff will

2

produce any responsive, non-privileged documents in his possession, custody, or control, if any.

3

REQUEST NO. 5

4
5
6

All DOCUMENTS referenced or relied upon in YOUR COMPLAINT.
RESPONSE TO REQUEST NO. 5
Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

7

to this Request in that it is overbroad, duplicative, and unduly burdensome, and in that the

8

documents sought are either publicly available or already in Defendant’s possession and control.

9

Plaintiff further objects on the grounds that “relied upon” is overly broad and vague in the context

10

of this Request, as phrased. Plaintiff further objects on the grounds that this Request seeks

11

production of documents that are protected by the attorney-client privilege and the work-product

12

doctrine, including but not limited to communications with consultants who have not been

13

designated as testifying witnesses. Plaintiff objects to this Request insofar as it seeks documents

14

that include expert material, and expressly reserves the right to supplement, clarify, revise, or

15

correct this response and to assert additional objections or privileges, in one or more subsequent

16

supplemental response(s) in accordance with the time period for exchanging expert reports set by

17

the Court. Subject to and without waiver of the foregoing objections, Plaintiff will produce any

18

responsive, non-privileged documents in his possession, custody, or control, if any.

19

REQUEST NO. 6

20

All DOCUMENTS evidencing, supporting, and/or otherwise relating to the allegation in

21

paragraph 3 of YOUR COMPLAINT that “Facebook primarily generates revenue from targeted

22

advertising and the fundamental means of amassing the user data needed for effective targeted

23

advertising is through Facebook’s ‘Like’ function.”

24

RESPONSE TO REQUEST NO. 6

25

Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

26

to this Request in that it is overbroad, duplicative, and unduly burdensome, and in that the

27

documents sought are either publicly available or already in Defendant’s possession and control.

28

Insofar as the Request seeks documents that will be produced by Defendant, the Request is
-6-

PLAINTIFF’S RESPONSES TO DEFENDANT’S FIRST
SET OF REQUESTS FOR PRODUCTION
CASE NO. C 13-05996 PJH

1

premature. Plaintiff further objects on the grounds that “evidencing, supporting, and/or otherwise

2

relating to” is overly broad and vague in the context of this Request, as phrased. Plaintiff further

3

objects on the grounds that this Request seeks production of documents that are protected by the

4

attorney-client privilege and the work-product doctrine, including but not limited to

5

communications with consultants who have not been designated as testifying witnesses. Plaintiff

6

objects to this Request insofar as it seeks documents that include expert material, and expressly

7

reserves the right to supplement, clarify, revise, or correct this response and to assert additional

8

objections or privileges, in one or more subsequent supplemental response(s) in accordance with

9

the time period for exchanging expert reports set by the Court. Subject to and without waiver of

10

the foregoing objections, Plaintiff will produce any responsive, non-privileged documents in his

11

possession, custody, or control, if any.

12

REQUEST NO. 7

13

All DOCUMENTS evidencing, supporting, and/or otherwise relating to the allegation in

14

paragraph 25 of YOUR COMPLAINT that “whenever a private message contains a URL,

15

Facebook uses a software application called a ‘web crawler’ to scan the URL, sending HTTP

16

requests to the server associated with the URL and then seeking various items of information

17

about the web page to which the URL is linked.”

18

RESPONSE TO REQUEST NO. 7

19

Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

20

to this Request in that it is overbroad, duplicative, and unduly burdensome, and in that the

21

documents sought are either publicly available or already in Defendant’s possession and control.

22

Insofar as the Request seeks documents that will be produced by Defendant, the Request is

23

premature. Plaintiff further objects on the grounds that “evidencing, supporting, and/or otherwise

24

relating to” is overly broad and vague in the context of this Request, as phrased. Plaintiff further

25

objects on the grounds that this Request seeks production of documents that are protected by the

26

attorney-client privilege and the work-product doctrine, including but not limited to

27

communications with consultants who have not been designated as testifying witnesses. Plaintiff

28

objects to this Request insofar as it seeks documents that include expert material, and expressly
-7-

PLAINTIFF’S RESPONSES TO DEFENDANT’S FIRST
SET OF REQUESTS FOR PRODUCTION
CASE NO. C 13-05996 PJH

1

reserves the right to supplement, clarify, revise, or correct this response and to assert additional

2

objections or privileges, in one or more subsequent supplemental response(s) in accordance with

3

the time period for exchanging expert reports set by the Court. Subject to and without waiver of

4

the foregoing objections, Plaintiff will produce any responsive, non-privileged documents in his

5

possession, custody, or control, if any.

6

REQUEST NO. 8

7

All DOCUMENTS evidencing, supporting, and/or otherwise relating to the allegation in

8

paragraph 25 of YOUR COMPLAINT that “[o]n information and belief, Facebook’s interception

9

occurred in transit, in transmission, and/or during transfer of users’ private messages.”

10
11

RESPONSE TO REQUEST NO. 8
Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

12

to this Request in that it is overbroad, duplicative, and unduly burdensome, and in that the

13

documents sought are either publicly available or already in Defendant’s possession and control.

14

Insofar as the Request seeks documents that will be produced by Defendant, the Request is

15

premature. Plaintiff further objects on the grounds that “evidencing, supporting, and/or otherwise

16

relating to” is overly broad and vague in the context of this Request, as phrased. Plaintiff further

17

objects on the grounds that this Request seeks production of documents that are protected by the

18

attorney-client privilege and the work-product doctrine, including but not limited to

19

communications with consultants who have not been designated as testifying witnesses. Plaintiff

20

objects to this Request insofar as it seeks documents that include expert material, and expressly

21

reserves the right to supplement, clarify, revise, or correct this response and to assert additional

22

objections or privileges, in one or more subsequent supplemental response(s) in accordance with

23

the time period for exchanging expert reports set by the Court. Subject to and without waiver of

24

the foregoing objections, Plaintiff will produce any responsive, non-privileged documents in his

25

possession, custody, or control, if any.

26

REQUEST NO. 9

27
28

All DOCUMENTS evidencing, supporting, and/or otherwise relating to the allegation in
paragraph 41 of YOUR COMPLAINT that “[t]he presence of a Facebook ‘Like’ button on a web
-8-

PLAINTIFF’S RESPONSES TO DEFENDANT’S FIRST
SET OF REQUESTS FOR PRODUCTION
CASE NO. C 13-05996 PJH

1

page enables Facebook to collect individual users’ data, which it then employs in developing user

2

profiles to support and deliver targeted advertising — whether or not a user affirmatively clicks

3

on the button.”

4

RESPONSE TO REQUEST NO. 9

5

Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

6

to this Request in that it is overbroad, duplicative, and unduly burdensome, and in that the

7

documents sought are either publicly available or already in Defendant’s possession and control.

8

Insofar as the Request seeks documents that will be produced by Defendant, the Request is

9

premature. Plaintiff further objects on the grounds that “evidencing, supporting, and/or otherwise

10

relating to” is overly broad and vague in the context of this Request, as phrased. Plaintiff further

11

objects on the grounds that this Request seeks production of documents that are protected by the

12

attorney-client privilege and the work-product doctrine, including but not limited to

13

communications with consultants who have not been designated as testifying witnesses. Plaintiff

14

objects to this Request insofar as it seeks documents that include expert material, and expressly

15

reserves the right to supplement, clarify, revise, or correct this response and to assert additional

16

objections or privileges, in one or more subsequent supplemental response(s) in accordance with

17

the time period for exchanging expert reports set by the Court. Subject to and without waiver of

18

the foregoing objections, Plaintiff will produce any responsive, non-privileged documents in his

19

possession, custody, or control, if any.

20

REQUEST NO. 10

21

All DOCUMENTS evidencing, supporting, and/or otherwise relating to the allegation in

22

paragraph 58 of YOUR COMPLAINT that “Facebook misleads users into believing that they

23

have a secure, private mechanism for communication – Facebook’s private messaging function –

24

when, in fact, Facebook intercepts and scans the content of private messages to gather data in an

25

effort to bolster its ‘social plug-in’ network, to improve its marketing algorithms, and to increase

26

its ability to profit from data about Facebook users.”

27

RESPONSE TO REQUEST NO. 10

28

Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects
-9-

PLAINTIFF’S RESPONSES TO DEFENDANT’S FIRST
SET OF REQUESTS FOR PRODUCTION
CASE NO. C 13-05996 PJH

1

to this Request in that it is overbroad, duplicative, and unduly burdensome, and in that the

2

documents sought are either publicly available or already in Defendant’s possession and control.

3

Insofar as the Request seeks documents that will be produced by Defendant, the Request is

4

premature. Plaintiff further objects on the grounds that “evidencing, supporting, and/or otherwise

5

relating to” is overly broad and vague in the context of this Request, as phrased. Plaintiff further

6

objects on the grounds that this Request seeks production of documents that are protected by the

7

attorney-client privilege and the work-product doctrine, including but not limited to

8

communications with consultants who have not been designated as testifying witnesses. Plaintiff

9

to this Request insofar as it seeks documents that include expert material, and expressly reserves

10

the right to supplement, clarify, revise, or correct this response and to assert additional objections

11

or privileges, in one or more subsequent supplemental response(s) in accordance with the time

12

period for exchanging expert reports set by the Court. Subject to and without waiver of the

13

foregoing objections, Plaintiff will produce any responsive, non-privileged documents in his

14

possession, custody, or control, if any.

15

REQUEST NO. 11

16

All DOCUMENTS evidencing, supporting, and/or otherwise relating to the allegation in

17

paragraph 89 of YOUR COMPLAINT that “Facebook’s practice of intercepting, scanning, and

18

generating ‘Likes’ from, users’ private messages, are not necessary for the rendition of

19

Facebook’s private messaging service, the protection of Facebook’s rights or property, or the

20

security of Facebook users” and “have not be undertaken in the ordinary course of business of an

21

electronic communication service, as described in 28 U.S.C. § 2510(15).”

22

RESPONSE TO REQUEST NO. 11

23

Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

24

to this Request in that it is overbroad, duplicative, and unduly burdensome, and in that the

25

documents sought are either publicly available or already in Defendant’s possession and control.

26

Insofar as the Request seeks documents that will be produced by Defendant, the Request is

27

premature. Plaintiff further objects on the grounds that “evidencing, supporting, and/or otherwise

28

relating to” is overly broad and vague in the context of this Request, as phrased. Plaintiff further
- 10 -

PLAINTIFF’S RESPONSES TO DEFENDANT’S FIRST
SET OF REQUESTS FOR PRODUCTION
CASE NO. C 13-05996 PJH

1

objects on the grounds that this Request seeks production of documents that are protected by the

2

attorney-client privilege and the work-product doctrine, including but not limited to

3

communications with consultants who have not been designated as testifying witnesses. Plaintiff

4

to this Request insofar as it seeks documents that include expert material, and expressly reserves

5

the right to supplement, clarify, revise, or correct this response and to assert additional objections

6

or privileges, in one or more subsequent supplemental response(s) in accordance with the time

7

period for exchanging expert reports set by the Court. Subject to and without waiver of the

8

foregoing objections, see Defendant’s Answer to paragraph 59 of the Consolidated Amended

9

Complaint. Plaintiff will produce any additional responsive, non-privileged documents in his

10

possession, custody, or control, if any.

11

REQUEST NO. 12

12

All DOCUMENTS evidencing, supporting, and/or otherwise relating to the allegation in

13

paragraph 91 of YOUR COMPLAINT that “[n]o party to the electronic communications alleged

14

herein consented to Facebook’s interception or use of the contents of the electronic

15

communications.”

16

RESPONSE TO REQUEST NO. 12

17

Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

18

to this Request in that it is overbroad, duplicative, and unduly burdensome, and in that the

19

documents sought are either publicly available or already in Defendant’s possession and control.

20

Insofar as the Request seeks documents that will be produced by Defendant, the Request is

21

premature. Plaintiff further objects on the grounds that “evidencing, supporting, and/or otherwise

22

relating to” is overly broad and vague in the context of this Request, as phrased. Plaintiff further

23

objects on the grounds that this Request seeks production of documents that are protected by the

24

attorney-client privilege and the work-product doctrine, including but not limited to

25

communications with consultants who have not been designated as testifying witnesses. Subject

26

to and without waiver of the foregoing objections, Plaintiff will produce any responsive, non-

27

privileged documents in his possession, custody, or control, if any.

28
- 11 -

PLAINTIFF’S RESPONSES TO DEFENDANT’S FIRST
SET OF REQUESTS FOR PRODUCTION
CASE NO. C 13-05996 PJH

1
2

REQUEST NO. 13
All DOCUMENTS evidencing, supporting, and/or otherwise relating to YOUR contention

3

that this ACTION is appropriate for class treatment, including but not limited to all

4

DOCUMENTS that support YOUR allegations in paragraphs 59−68 of YOUR COMPLAINT.

5

RESPONSE TO REQUEST NO. 13

6

Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

7

to this Request in that it is overbroad, duplicative, and unduly burdensome, and in that the

8

documents sought are either publicly available or already in Defendant’s possession and control.

9

Insofar as the Request seeks documents that will be produced by Defendant, the Request is

10

premature. Plaintiff further objects on the grounds that “evidencing, supporting, and/or otherwise

11

relating to” is overly broad and vague in the context of this Request, as phrased. Plaintiff further

12

objects on the grounds that this Request seeks production of documents that are protected by the

13

attorney-client privilege and the work-product doctrine, including but not limited to

14

communications with consultants who have not been designated as testifying witnesses. Subject

15

to and without waiver of the foregoing objections, Plaintiff will produce any responsive, non-

16

privileged documents in his possession, custody, or control, if any. See also Defendant’s Answer

17

to Plaintiffs’ Consolidated Amended Complaint, particularly ¶¶ 2, 27, admitting that Facebook

18

processes users’ messages, ¶ 3, admitting that Facebook has approximately 1.2 billion users, and

19

¶ 17, admitting that Facebook users agree to uniform terms of service.

20

REQUEST NO. 14

21

All DOCUMENTS evidencing, supporting, and/or otherwise relating to any harm and/or

22

damage allegedly suffered by YOU due to the conduct complained of in this ACTION, including

23

but not limited to all DOCUMENTS relating to the specific and/or proximate cause of such harm

24

and/or damage.

25

RESPONSE TO REQUEST NO. 14

26

Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

27

to this Request in that it is overbroad and unduly burdensome, and in that the documents sought

28

are publicly available or already in Defendant’s possession and control. Insofar as the Request
- 12 -

PLAINTIFF’S RESPONSES TO DEFENDANT’S FIRST
SET OF REQUESTS FOR PRODUCTION
CASE NO. C 13-05996 PJH

1

seeks documents that will be produced by Defendant, the Request is premature. Plaintiff further

2

objects to this Request insofar as it seeks documents that include expert material, and expressly

3

reserves the right to supplement, clarify, revise, or correct this response and to assert additional

4

objections or privileges, in one or more subsequent supplemental response(s) in accordance with

5

the time period for exchanging expert reports set by the Court. Plaintiff further objects on the

6

grounds that “evidencing, supporting, and/or otherwise relating to” is overly broad and vague in

7

the context of this Request, as phrased. Plaintiff further objects on the grounds that this Request

8

seeks production of documents that are protected by the attorney-client privilege and the work-

9

product doctrine, including but not limited to communications with consultants who have not

10

been designated as testifying witnesses. Subject to and without waiver of the foregoing

11

objections, Plaintiff will produce any additional responsive, non-privileged documents in his

12

possession, custody, or control, if any.

13

REQUEST NO. 15

14

All DOCUMENTS evidencing, supporting, and/or otherwise relating to all

15

COMMUNICATIONS between YOU and FACEBOOK.

16

RESPONSE TO REQUEST NO. 15

17

Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

18

to this Request in that it is overbroad and unduly burdensome, and in that the documents sought

19

necessarily are already in Defendant’s possession and control. Plaintiff further objects on the

20

grounds that “evidencing, supporting, and/or otherwise relating to” is overly broad and vague in

21

the context of this Request, as phrased. Plaintiff further objects on the grounds that this Request

22

seeks production of documents that are protected by the attorney-client privilege and the work-

23

product doctrine, including but not limited to communications with consultants who have not

24

been designated as testifying witnesses. Subject to and without waiver of the foregoing

25

objections, Plaintiff will produce any responsive, non-privileged documents in his possession,

26

custody, or control, if any.

27

REQUEST NO. 16

28

All DOCUMENTS evidencing, supporting, and/or otherwise relating to all statements
- 13 -

PLAINTIFF’S RESPONSES TO DEFENDANT’S FIRST
SET OF REQUESTS FOR PRODUCTION
CASE NO. C 13-05996 PJH

1

and/or COMMUNICATIONS between YOU and/or YOUR counsel and any other person and/or

2

entity (including but not limited to all COMMUNICATIONS between YOU and all other putative

3

class members) relating to the ACTION and/or the allegations therein, excluding only privileged

4

COMMUNICATIONS between YOU and YOUR counsel (which must be recorded on a privilege

5

log as provided in the Instructions to these Requests).

6

RESPONSE TO REQUEST NO. 16

7

Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

8

to this Request in that it is overbroad and unduly burdensome. Plaintiff further objects insofar as

9

this Request seeks documents protected by attorney-client or work-product privilege, including

10

but not limited to communications with consultants who have not been designated as testifying

11

witnesses. Plaintiff further objects on the grounds that “evidencing, supporting, and/or otherwise

12

relating to” is overly broad and vague in the context of this Request, as phrased. Subject to and

13

without waiver of the foregoing objections, Plaintiff will produce any responsive, non-privileged

14

documents in his possession, custody, or control, if any.

15

REQUEST NO. 17

16

All DOCUMENTS evidencing, supporting, and/or otherwise relating to all putative class

17

action proceedings in which YOU have been involved, including but not limited to all transcripts,

18

declarations, and affidavits of any testimony provided by YOU in any such action(s), and any

19

judgments and/or court orders in any such action(s).

20

RESPONSE TO REQUEST NO. 17

21

Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

22

to this Request in that it is overbroad. Plaintiff objects insofar as this Request does not seek

23

information “that is relevant to the claims or defenses of any party” or “reasonably calculated to

24

lead to the discovery of admissible evidence.” Fed. R. Civ. P. 26(b)(1). Plaintiff further objects

25

on the grounds that “evidencing, supporting, and/or otherwise relating to” is overly broad and

26

vague in the context of this Request, as phrased. Plaintiff further objects on the grounds that this

27

Request seeks production of documents that are protected by the attorney-client privilege and the

28

work-product doctrine, including but not limited to communications with consultants who have
- 14 -

PLAINTIFF’S RESPONSES TO DEFENDANT’S FIRST
SET OF REQUESTS FOR PRODUCTION
CASE NO. C 13-05996 PJH

1

not been designated as testifying witnesses. Subject to and without waiving the foregoing

2

objections, Plaintiff will produce any responsive, non-privileged documents in his possession,

3

custody, or control, if any.

4

REQUEST NO. 18

5

All DOCUMENTS pertaining to this ACTION and/or the allegations in YOUR

6

COMPLAINT that YOU have received from any third party, whether such production was

7

voluntary or by compulsory process.

8

RESPONSE TO REQUEST NO. 18

9

Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

10

to this Request in that it is overbroad. Plaintiff further objects insofar as this Request does not

11

seek information “that is relevant to the claims or defenses of any party” or “reasonably

12

calculated to lead to the discovery of admissible evidence.” Fed. R. Civ. P. 26(b)(1). Plaintiff

13

further objects on the grounds that “pertaining to” is overly broad and vague in the context of this

14

Request, as phrased. Plaintiff further objects on the grounds that this Request seeks production of

15

documents that are protected by the attorney-client privilege and the work-product doctrine,

16

including but not limited to communications with consultants who have not been designated as

17

testifying witnesses. Plaintiff objects insofar as this Request seeks information that is protected

18

by the marital communications privilege. Subject to and without waiver of the foregoing

19

objections, Plaintiff will produce any responsive, non-privileged documents in his possession,

20

custody, or control, if any.

21

REQUEST NO. 19

22

All DOCUMENTS sufficient to identify all PERSONS having a financial interest in the

23

outcome of the ACTION.

24

RESPONSE TO REQUEST NO. 19

25

Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

26

insofar as this Request does not seek information “that is relevant to the claims or defenses of any

27

party” or “reasonably calculated to lead to the discovery of admissible evidence.” Fed. R. Civ. P.

28

26(b)(1). Plaintiff further objects on the grounds that this Request seeks production of documents
- 15 -

PLAINTIFF’S RESPONSES TO DEFENDANT’S FIRST
SET OF REQUESTS FOR PRODUCTION
CASE NO. C 13-05996 PJH

1

that are protected by the attorney-client privilege and the work-product doctrine, including but not

2

limited to communications with consultants who have not been designated as testifying witnesses.

3

Subject to and without waiver of the foregoing objections, Plaintiff will produce any responsive,

4

non-privileged documents in his possession, custody, or control, if any.

5

REQUEST NO. 20

6

All DOCUMENTS identified in YOUR initial Rule 26 disclosures, and all supplemental

7

disclosures.

8

RESPONSE TO REQUEST NO. 20

9

Plaintiff incorporates and references herein all of the General Objections. Plaintiff further

10

objects on the grounds that this Request seeks production of documents that are protected by the

11

attorney-client privilege and the work-product doctrine, including but not limited to

12

communications with consultants who have not been designated as testifying witnesses. Subject

13

to and without waiver of the foregoing objections, Plaintiff will produce any responsive, non-

14

privileged documents in his possession, custody, or control, if any.

15

REQUEST NO. 21

16

All DOCUMENTS evidencing, supporting, and/or otherwise relating to YOUR responses

17

to FACEBOOK’s First Set of Interrogatories served in this ACTION, including but not limited to

18

all DOCUMENTS identified in YOUR responses to those Interrogatories.

19

RESPONSE TO REQUEST NO. 21

20

Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

21

to this Request in that it is overbroad, duplicative, and unduly burdensome, and in that the

22

documents sought are either publicly available or already in Defendant’s possession and control.

23

Insofar as the Request seeks documents that will be produced by defendants, the Request is

24

premature. Plaintiff further objects on the grounds that “evidencing, supporting, and/or otherwise

25

relating to” is overly broad and vague in the context of this Request, as phrased. Plaintiff further

26

objects on the grounds that this Request seeks production of documents that are protected by the

27

attorney-client privilege and the work-product doctrine, including but not limited to

28

communications with consultants who have not been designated as testifying witnesses. Plaintiff
- 16 -

PLAINTIFF’S RESPONSES TO DEFENDANT’S FIRST
SET OF REQUESTS FOR PRODUCTION
CASE NO. C 13-05996 PJH

1

objects to this Request insofar as it seeks documents that include expert material, and expressly

2

reserves the right to supplement, clarify, revise, or correct this response and to assert additional

3

objections or privileges, in one or more subsequent supplemental response(s) in accordance with

4

the time period for exchanging expert reports set by the Court. Subject to and without waiver of

5

the foregoing objections, Plaintiff will produce any responsive, non-privileged documents in his

6

possession, custody, or control, if any.

7

REQUEST NO. 22

8
9

All DOCUMENTS, including but not limited to newspaper articles, media reports, web
pages, social media posts, or blog posts that discuss, evidence, support, and/or otherwise relate to

10

the conduct challenged in YOUR COMPLAINT.

11

RESPONSE TO REQUEST NO. 22

12

Plaintiff incorporates and references herein all of the General Objections. Plaintiff objects

13

to this Request in that it is overbroad, duplicative, and unduly burdensome, and in that the

14

documents sought are either publicly available or already in Defendant’s possession and control.

15

Plaintiff objects insofar as this Request seeks information that is protected by the marital

16

communications privilege. Subject to and without waiver of the foregoing objections, insofar as

17

this Request for Production seeks documents published prior to the filing of this lawsuit on

18

December 30, 2013, Plaintiff will produce any responsive, non-privileged documents in his

19

possession, custody, or control, if any.

20
21
22
23
24
25
26
27
28
- 17 -

PLAINTIFF’S RESPONSES TO DEFENDANT’S FIRST
SET OF REQUESTS FOR PRODUCTION
CASE NO. C 13-05996 PJH

1

Dated: March 9, 2015

LIEFF CABRASER HEIMANN & BERNSTEIN, LLP

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

By:

/s/ Michael W. Sobol
Michael W. Sobol

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
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
Jeremy A. Lieberman
Lesley F. Portnoy
[e-mail]
POMERANTZ, LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: [phone]
Facsimile: 212.661.8665

25
26
27
28
- 18 -

PLAINTIFF’S RESPONSES TO DEFENDANT’S FIRST
SET OF REQUESTS FOR PRODUCTION
CASE NO. C 13-05996 PJH

1
2
3
4
5

Patrick V. Dahlstrom
[e-mail]
POMERANTZ, LLP
10 S. La Salle Street, Suite 3505
Chicago, IL 60603
Telephone: [phone]
Facsimile: 312.377.1184

8

Jon Tostrud (State Bar No. 199502)
[e-mail]
TOSTRUD LAW GROUP, PC
1925 Century Park East, Suite 2125
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: 310.278.2640

9

Attorneys for Plaintiffs and the Proposed Class

6
7

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 19 -

PLAINTIFF’S RESPONSES TO DEFENDANT’S FIRST
SET OF REQUESTS FOR PRODUCTION
CASE NO. C 13-05996 PJH

1
2

PROOF OF SERVICE
I am a citizen of the United States and employed in San Francisco County, California. I

3

am over the age of eighteen years and not a party to the within-entitled action. My business

4

address is 275 Battery Street, 29th Floor, San Francisco, California 94111-3339.

5

I am readily familiar with Lieff, Cabraser, Heimann & Bernstein, LLP’s practice for

6

collection and processing of documents for service via email, and that practice is that the

7

documents are attached to an email and sent to the recipient’s email account.

8

I am also readily familiar with this firm’s practice for collection and processing of

9

correspondence for mailing with the United States Postal Service. Following ordinary business

10

practices, the envelope was sealed and placed for collection and mailing on this date, and would,

11

in the ordinary course of business, be deposited with the United States Postal Service on this date.

12
13

On March 9, 2015, I caused to be served copies of the following documents:
1.

PLAINTIFF DAVID SHADPOUR’S OBJECTIONS
AND RESPONSES TO DEFENDANT FACEBOOK,
INC.’S FIRST SET OF REQUESTS FOR
PRODUCTION; and this

2.

PROOF OF SERVICE BY EMAIL AND U.S. MAIL

14
15
16
17
18
19
20
21
22
23
24

on the following counsel for Defendant Facebook, Inc.:
Christopher Chorba
Gibson, Dunn & Crutcher LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
Email: [e-mail]
Joshua Aaron Jessen
Gibson Dunn & Crutcher LLP
3161 Michelson Drive, Suite 1200
Irvine, CA 92612
Email: [e-mail]
Executed on March 9, 2015, at San Francisco, California.

25
26

/s/ Melissa A. Gardner
Melissa A. Gardner

27
28
- 20 -

PLAINTIFF’S RESPONSES TO DEFENDANT’S FIRST
SET OF REQUESTS FOR PRODUCTION
CASE NO. C 13-05996 PJH