Campbell et al v. Facebook Inc.

Filing 90

Joint Stipulation And [Proposed] Order Continuing The Deposition Of Alex Himel And Removing The Current Source Code Briefing Schedule And Hearing Date filed by Matthew Campbell, Michael Hurley, David Shadpour. (Sobol, Michael) (Filed on 6/26/2015) Modified on 6/29/2015 (vlkS, COURT STAFF).

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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
11311 Arcade Drive
Little Rock, AR 72212
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
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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Plaintiffs,

Case No. C 13-5996 PJH
JOINT STIPULATION AND [PROPOSED]
ORDER CONTINUING THE DEPOSITION
OF ALEX HIMEL AND REMOVING THE
CURRENT SOURCE CODE BRIEFING
SCHEDULE AND HEARING DATE

v.
FACEBOOK, INC.,
Defendant.

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JOINT STIPULATION AND [PROPOSED] ORDER
CONTINUING THE DEPOSITION OF ALEX HIMEL
AND REMOVING THE CURRENT SOURCE CODE
BRIEFING SCHEDULE

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WHEREAS, in the course of the discovery process, a dispute arose between Plaintiffs and
Defendant Facebook, Inc. (the “Parties”) regarding the production of Facebook’s source code;
WHEREAS, on April 13, 2015, the Court entered a Discovery Order Re: Source Code

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Briefing Schedule (“April 13, 2015 Order”) (Dkt. No. 68);
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WHEREAS, a subsequent dispute arose over the availability for deposition of Alex

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Himel, an employee of Facebook whose declaration accompanied Facebook’s source-code-

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related discovery production of June 1, 2015;

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WHEREAS, on June 12, 2015, the Court entered an Order Denying Telephonic Discovery
Conference Without Prejudice and Setting Deposition and Briefing Schedule (“June 12, 2015
Order”) (Dkt. No. 88), establishing a revised briefing schedule regarding source code production

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and ordering Alex Himel to appear for deposition on July 1, 2015;
WHEREAS, the Parties have met and conferred, coming to an agreement with regard both

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to the production of source code and to continuing the deposition of Alex Himel. Specifically,

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subject to the entry of an amended protective order governing the treatment of source code,

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Facebook has agreed to produce source code responsive to Plaintiffs’ discovery requests for the

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time period September 1, 2009 to December 31, 2012. The Parties have met and conferred in

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good faith and have not identified any issues of disagreement related to the scope of the source
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code production. However, in the event that a dispute arises as to whether particular portions of

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the source code are responsive or relevant to Plaintiffs’ claims, the Parties have agreed to meet

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and confer in a good-faith attempt to resolve the dispute. If they cannot reach agreement, the

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Parties will brief the dispute for the Court. Accordingly, by agreement of the Parties, the

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deposition of Alex Himel scheduled for July 1, 2015 has been continued to a date yet to be

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determined.

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JOINT STIPULATION AND [PROPOSED] ORDER
CONTINUING THE DEPOSITION OF ALEX HIMEL
AND REMOVING THE CURRENT SOURCE CODE
BRIEFING SCHEDULE

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NOW, THEREFORE, subject to approval of the Court, the Parties hereby stipulate and
request that the Court enter an order allowing the postponement of the deposition of Alex Himel
and removing from the calendar the deadlines associated with such briefing set by the Court in its

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April 13, 2015 Order and as amended in the Court’s June 12, 2015 Order, including the hearing
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date of August 13, 2015.
Respectfully submitted,

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Dated: June 26, 2015

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By:

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/s/ Michael W. Sobol

Attorneys for Plaintiffs and the Proposed
Class

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LIEFF CABRASER HEIMANN &
BERNSTEIN, LLP

Dated: June 26, 2015

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GIBSON, DUNN, & CRUTCHER, LLP
By:

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/s/ Joshua A. Jessen

Attorneys for Defendant Facebook, Inc.

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ATTORNEY ATTESTATION

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Pursuant to Civil Local Rule 5-1, I, Michael W. Sobol, hereby attest that concurrence in
the filing of this document has been obtained from Joshua A. Jessen.

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Dated: June 26, 2015

LIEFF CABRASER HEIMANN &
BERNSTEIN, LLP
By:

/s/ Michael W. Sobol

Attorneys for Plaintiffs and the Proposed
Class

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JOINT STIPULATION AND [PROPOSED] ORDER
CONTINUING THE DEPOSITION OF ALEX HIMEL
AND REMOVING THE CURRENT SOURCE CODE
BRIEFING SCHEDULE

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[PROPOSED] ORDER
Having considered the Parties’ Stipulation, and good cause appearing, the Court finds that,
subject to the entry of an amended protective order governing the treatment of source code,

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Facebook has agreed to produce source code responsive to Plaintiffs’ discovery requests for the
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time period September 1, 2009 to December 31, 2012. The Parties have met and conferred in

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good faith and have not identified any issues of disagreement related to the scope of the source

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code production. However, in the event that a dispute arises as to whether particular portions of

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the source code are responsive or relevant to Plaintiffs’ claims, the Parties will meet and confer in

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a good-faith attempt to resolve the dispute. If they cannot reach agreement, the Parties will brief
the dispute for the Court.

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Accordingly, the Court GRANTS the Parties Stipulation. It is HEREBY ORDERED that:
the deposition of Alex Himel scheduled for July 1, 2015 has been continued to a date yet to be

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determined, Plaintiffs will not file a motion to compel related to the source code at this time, and

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the deadlines associated with such briefing set by the Court in its April 13, 2015 Order and as

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amended in the Court’s June 12, 2015 Order, including the hearing date of August 13, 2015, shall

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be taken off calendar.

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DATED: _______________________

__________________________________
The Honorable Maria-Elena James
United States Magistrate Judge

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JOINT STIPULATION AND [PROPOSED] ORDER
CONTINUING THE DEPOSITION OF ALEX HIMEL
AND REMOVING THE CURRENT SOURCE CODE
BRIEFING SCHEDULE