Filed: Aug. 14, 2019
Latest Update: Aug. 14, 2019
Summary: STIPULATION REGARDING BRIEFING SCHEDULE FOR FACEBOOK'S MOTION FOR PERMANENT INJUNCTION OF STATE PROCEEDINGS; ORDER HAYWOOD S. GILLIAM, JR. , District Judge . WHEREAS, on June 28, 2019, Plaintiff John O'Connor ("O'Connor") filed a complaint in the action captioned O'Connor v. Zuckerberg, Case No. 19-CIV-03759, in the Superior Court of the State of California for the County of San Mateo (the "O'Connor Action"), which is a derivative action purportedly brought on behalf of Nominal Defendant
Summary: STIPULATION REGARDING BRIEFING SCHEDULE FOR FACEBOOK'S MOTION FOR PERMANENT INJUNCTION OF STATE PROCEEDINGS; ORDER HAYWOOD S. GILLIAM, JR. , District Judge . WHEREAS, on June 28, 2019, Plaintiff John O'Connor ("O'Connor") filed a complaint in the action captioned O'Connor v. Zuckerberg, Case No. 19-CIV-03759, in the Superior Court of the State of California for the County of San Mateo (the "O'Connor Action"), which is a derivative action purportedly brought on behalf of Nominal Defendant F..
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STIPULATION REGARDING BRIEFING SCHEDULE FOR FACEBOOK'S MOTION FOR PERMANENT INJUNCTION OF STATE PROCEEDINGS; ORDER
HAYWOOD S. GILLIAM, JR., District Judge.
WHEREAS, on June 28, 2019, Plaintiff John O'Connor ("O'Connor") filed a complaint in the action captioned O'Connor v. Zuckerberg, Case No. 19-CIV-03759, in the Superior Court of the State of California for the County of San Mateo (the "O'Connor Action"), which is a derivative action purportedly brought on behalf of Nominal Defendant Facebook, Inc. ("Facebook") against the members of Facebook's Board of Directors relating to purported user privacy issues;
WHEREAS, on August 1, 2019, Facebook filed in this action a motion to enjoin the O'Connor Action pursuant to the relitigation exception to the Anti-Injunction Act (ECF No. 124 (the "Injunction Motion"));
WHEREAS, the hearing on the Injunction Motion is set for January 9, 2020;
WHEREAS, the parties in this action and the O'Connor Action wish to enter into a schedule for briefing the Injunction Motion;
WHEREAS, on August 12, 2019, Facebook filed in the O'Connor Action a motion to stay that proceeding pending this Court's ruling on the Injunction Motion, which is scheduled to be heard on October 1, 2019; and
WHEREAS, the parties wish to reserve all of their respective rights and defenses, including Facebook's right to move to shorten the time to brief and/or hear the Injunction Motion following a decision in the O'Connor Action on Facebook's motion to stay, and the right of the Plaintiffs in this action (the "Federal Plaintiffs") to oppose such a motion.
THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between Facebook, Federal Plaintiffs, and O'Connor, through their designated counsel of record, and subject to approval of the Court, as follows:
1. The deadline to file any opposition to the Injunction Motion shall be extended from August 15, 2019 to September 20, 2019.
2. The deadline to file any reply in further support of the Injunction Motion shall be extended from August 22, 2019 to October 15, 2019.
3. Notwithstanding this stipulation, the parties' rights are expressly reserved, including Facebook's right to move to shorten the time to brief and/or hear the Injunction Motion following a decision in the O'Connor Action on Facebook's motion to stay, and the Federal Plaintiffs' right to oppose such a motion.
4. The parties further agree that Mr. O'Connor is appearing specially in this action for the purpose of opposing this motion, and that his appearance will not be used against him in any fashion.
Dated: August 13, 2019 GIBSON, DUNN & CRUTCHER LLP
By: /s/Brian M. Lutz
Brian M. Lutz
555 Mission Street, Suite 3000
San Francisco, CA 94105-0921
Telephone: 415.393.8200
Email: blutz@gibsondunn.com
Attorneys for Nominal Defendant Facebook, Inc.,
and for Defendants Mark Zuckerberg, Sheryl
Sandberg, Marc Andreessen, Peter Thiel, Reed
Hastings, Erskine Bowles, Susan Desmond-Hellmann,
and Jan Koum
Dated: August 13, 2019 COTCHETT, PITRE & McCARTHY LLP
By: **/s/Mark C. Molumphy
Mark C. Molumphy
840 Malcolm Road, Suite 200
Burlingame, CA 94010
Telephone: 650.697.6000
Email: mmolumphy@cpmlegal.com
Lead Counsel for Federal Plaintiffs
Dated: August 13, 2019 SAVERI & SAVERI, INC.
By: **/s/R. Alexander Saveri
R. Alexander Saveri
706 Sansome Street
San Francisco, CA 94111
Telephone: 415.217.6810
Email: rick@saveri.com
Attorneys for Plaintiff John O'Connor
**Pursuant to Civ. L.R. 5-1(i)(3), the electronic filer
has obtained approval from this signatory.
* * *
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
