Lapin v. Facebook, Inc. et al

Filing 1

NOTICE OF REMOVAL; No Process, from Superior Court of California, County of San Mateo. Their case number is CIV-514240. (Filing fee $350 receipt number 34611075449). Filed by Peter A. Thiel, Erskine B. Bowles, Marc L. Andreesen, Reed Hastings, Donald E. Graham, James W. Breyer, Facebook, Inc., Mark Zuckerberg, David A. Ebersman, David M. Spillane. (jlm, COURT STAFF) (Filed on 6/20/2012) (Additional attachment(s) added on 6/27/2012: # 1 Civil Cover Sheet) (cjl, COURT STAFF). [Transferred from California Northern on 10/12/2012.]

CIVIL COVER SHEET

IS 44 CAND (Rev. 12/11)

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided
by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

PLAINTIFFS
HARVEY LAPIN, individually and on behalf of all other similarly situated,

I. (a)

(b)

DEFENDANTS
FACEBOOK, INC., et al.

County of Residence of First Listcd Defendant

County of Residence of First Listed Plaintiff

(IN U.S. PLAINTIFF CASES ONLY)

(EXCEPT IN U.S. PLAINTIFF CASES)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

NOTE:

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(c) Attorneys

AttomeyS

(Firm Name, Achkess, and Telephone Numbert

(IfKnown)

James F. Basile, Kirkland & Ellis LLP
555 California Street, San Francisco, CA 94104

Lionel Z. Glancy, Glancy Binkow & Goldberg LLP
1925 Century Park East, Suite 2100, Los Angeles, CA 90067

Tel: [phone]

Tel: [phone]
II. BASIS OF JURISDICTION

(Place an "X" in One Box Only)

II . CITIZENSHIP OF PRINCIPAL PARTIES

X

0 2

0 4 Diversity
(Indicate Citizenship of Parties in Item III)

U.S. Government
Defendant

T

PERSONAL INJURY
0 310 Airplane
0 315 Airplane Product
Liability
0 320 Assault, Libel &
Slander
0 330 Federal Employers'
Liability
0 340 Marine
0 345 Marine Product
Liability
0 350 Motor Vehicle
0 355 Motor Vehicle
Product Liability
0 360 Other Personal
Injury
0 362 Personal Injury Med. Malpractice

REAL PROPERTY
0 210 Land Condemnation

CIVIL RIGHTS
0 440 Other Civil Rights

0 220 Foreclosure
0 230 Rent Lease & Ejectment
0 240 Torts to Land
0 245 Tort Product Liability
0 290 All Other Real Property

0 441 Voting
0 442 Employment
0 443 Housing/
Accommodations
0 445 Amer. w/Disabilities Employment
0 446 Amer. w/Disabilities Other
0 448 Education

0 1 Original
Proceeding

0 2

0

2

0 3

0

3 Foreign Nation

Incorporated and Principal Place
of Business In Another State

0

5

0 5

0 6 0 6

0 625 Drug Related Seizure
PERSONAL INJURY
of Property 21 USC 881
0 365 Personal Injury 0 690 Other
Product Liability
0 367 Health Care/
Pharinaceutical
Personal Injury
Product Liability
0 368 Asbestos Personal
Injury Product
LABOR
Liability
PERSONAL PROPERTY 0 710 Fair Labor Standards
Act
0 370 Other Fraud
0 720 Libor/Mont. Relations
0 371 Truth in Lending
0 740 Railway Labor Act
0 380 Other Personal
0 751 Family and Medical
Property Damage
Leave Act
0 385 Property Damage
0 790 Other Labor Litigation
Product Liability
0 791 Empl. Ret. Inc.
Security Act
PRISONER PETITIONS
0 510 Motions to Vacate
Sentence
Habeas Corpus:
0 530 General
0 535 Death Penalty
0 540 Mandamus & Other
0 550 Civil Rights
0 555 Prison Condition
0 560 Civil Detainee Conditions of
Confinement

OTHER STATUTES

BANKRUPTC1

FORFEITURE/PENALTY

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement ofJudgment
0 151 Medicare Act
0 152 Recovery of Defaulted
Student Loans
(Excl. Veterans)
0 153 Recovery of Overpayment
of Veteran's Benefits
0 160 Stockholders' Suits
0 190 Other Contract
0 195 Contract Product Liability
0 196 Franchise

0
0
0
0
0

Citizen of Another State

Place an "X" in One Box Onl

CONTRACT

V. ORIGIN

Citizen of This State

3Federal Question
(U.S. Government Not a Party)

PTF DEF
0 1
0 1

Citizen or Subject of a
Foreign Country

0 1 U.S. Government
Plaintiff

(Place an "X" in One Box fir Plaintil0

and One Box for Defendant)
FTP DEF
0
4
04
Incorporated or Principal Place
of Business In TWs State

(For Diversity Cases Only)

0 422 Appeal 28 USC 158
0 423 Withdrawal
28 USC 157
[

0
0
0
0
0
0
0

PROPERTY RIGHTS
0 820 Copyrights
0 830 Patent
0 840 Trademark
SOCIAL SECURITY
0 861 HIA (1395(t)
0 862 Black Lung (923)
0 863 DIWC/DIWW (405(g))
0 864 SSID Title XVI
0 865 RSI (405(g))

FEDERAL TAX SUITS
cri 870 Taxes (U.S. Plaintiff
or Defendant)
0 871 IRS—Third Party
26 USC 7609

0
0

XI
0
0
0
0
0
0

0

I

375 False Claims Act
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

IMMIGRATION
0 462 Naturalization Application
0 463 Habeas Corpus Alien Detainee
(Prisoner Petition)
0 465 Other Inunigration
Actions

(Place a i "X" in One Box Only)
Transferred from
0 6 Multidistrict
0 4 Reinstated or 0 5 another district
0 3 Remanded from
X 2 Removed from
Litigation
Reopened
Appellate Court
State Court
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite )urisdictional statutes unless diversity):

28 U.S.C. § 1331, 15 U.S.C. § 77v(a)

VI. CAUSE OF ACTION

Brief description of cause:

Removal of action alleging violations of Securities Act of 1933, 15 U.S.0 § 77a et seq.
VII.

REQUESTED IN

COMPLAINT:
VIII.

RELATED CASE(S)
IF ANY

CHECK YES only if demanded In complaint:
M Yes 0 No
JURY DEMAND:

KI CHECK IF THIS IS A CLASS ACTIONDEMAND $
UNDER F.R.C.P. 23
(See instructions):

JUDGE

Chesney

DOCKET NUMBER

2:12-cv-2680-MMC, 2:12-cv-2815-MMC,
2:12-cv-2666-MMC, 2:12-cv-2662-MMC

IX. DIVISIONAL ASSIGNMENT (Civil L.R. 3-2)
(Place an "X" in One Box Only)
DATE 06/20/2012

G8 SAN FRANCISCO/OAKLA ND

0 SAN JOSE 0 EUR KA

SIGNATURE OF ATTORNEY OF RECORD

g]

JS 44 CAND (Rev. 12/11)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by
law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk
of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney
filing a case should complete the form as follows:
(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full
I.
name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name
and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing.
In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of
residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this
section "(see attachment)".
Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the
II.
boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution,
an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different
parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)
Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each
III.
principal party.
Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to
IV.
enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most
definitive.
V.

Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for
removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation
transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is
checked, do not check (5) above.
Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge's decision.
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless
VI.
Example: U.S. Civil Statute: 47 USC 553
diversity.
Brief Description: Unauthorized reception of cable service
VII.

Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.

Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the
corresponding judge names for such cases.
Divisional Assignment. In accordance with Civil L.R. 3-2(c) - (f), select the appropriate venue based upon the county in which a substantial part of the events or
IX.
omissions which give rise to the claim occurred or in which a substantial part of the property that is the subject of the action is situated.
Date and Attorney Signature. Date and sign the civil cover sheet.

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CERTIFICATE OF SERVICE
I, Patrick Postolka, am employed in the County of San Francisco, State of California. I am
over the age of 18 and not a party to the within action; my business address is 555 California Street,
San Francisco, California 94104.

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On June 20, 2012, I served a copy of the following document(s) described as:

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CIVIL COVER SHEET

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on the interested parties in this action as follows:

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o

By Facsimile

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By transmitting via facsimile, the document(s) listed above to the fax number set forth below
on this date before 5:00 p.m. I am aware that service is presumed invalid unless the
transmission machine properly issues a transmission report stating the transmission is
complete and without error.

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By placing the document(s) listed above in a sealed envelope with postage thereon fully
prepaid, in the United States mail at San Francisco, California, to the addressee(s) set forth
below.

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I am "readily familiar" with the firm's practice of collection and processing correspondence
for mailing. Under that practice, it would be deposited with the U.S. postal service on that
same day with postage thereon fully prepaid at San Francisco, California in the ordinary
course of business. I am aware that on motion of the 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.

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El

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By Overnight Mail
By causing the document(s) listed above to be delivered to the addressee(s) set forth below
on the following business morning by Federal Express Corporation or Express Mail.

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By U.S. Mail

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By Personal or Messenger Service
By causing the document(s) listed above to be personally served in such envelope by hand to
the person at the address(s) set forth below:

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See Attached Service List

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

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Executed on June 20, 2012, at San Francisco, California.

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Patrick Postolka

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CERTIFICATE OF SERVICE

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SERVICE LIST
Lionel Z. Glancy
Michael Goldberg
Robert V. Prongay
Casey E. Sadler
GLANCY BINKOW & GOLDBERG LLP
1925 Century Park East, Suite 2100
Los Angeles, California 90067
Telephone: [phone]
Facsimile: 310-201-9160

Frank J. Johnson
David Elliot
JOHNSON & WEAVER, LLP
110 West "A" Street, Suite 750
San Diego, California 92101
Telephone: [phone]
Facsimile: 619-255-1856
Co-Lead Class Counsel

Attorneys for Plaintiff and Co-Lead Class
Counsel
Stephen R. Basser
Samuel M. Ward
BARRACK, RODOS & BACINE
One America Plaza
600 West Broadway, Suite 900
San Diego, California 92101
Telephone: [phone]
Facsimile: 619-230-1874

Neal A. Potischman
Samantha H. Knox
DAVIS POLK & WARDWELL LLP
1600 El Camino Real
Menlo Park, CA 94025
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants Morgan Stanley & Co.
LLC, J.P. Morgan Securities LLC, Goldman,
Sachs & Co., Merrill Lynch, Pierce, Fenner &
Smith Incorporated, Barclays Capital Inc.,
Allen & Company LLC, Citigroup Global
Markets Inc., Credit Suisse Securities (USA)
LLC, Deutsche Bank Securities Inc., RBC
Capital Markets, LLC, Blaylock Robert Van
LLC, BMO Capital Markets Corp., C.L. King &
Associates, Inc., Cabrera Capital Markets, LLC,
Castleoak Securities, L.P., Cowen And
Company, LLC., E*Trade Securities LLC, Itati
BBA USA Securities, Inc., Lazard Capital
Markets LLC, Lebenthal & Co., LLC, Loop
Capital Markets LLC, MR. Beal & Company,
Macquarie Capital (USA) Inc., Muriel Siebert &
Co., Inc., Oppenheimer & Co. Inc., Pacific Crest
Securities LLC, Piper Jaffray & Co., Raymond
James & Associates, Inc., Samuel A. Ramirez &
Company, Inc., Stifel, Nicolaus & Company,
Incorporated, The Williams Capital Group, L.P.,
and William Blair & Company, L.L.C.

Co-Lead Class Counsel

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CERTIFICATE OF SERVICE

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