1

2
3

4 5

6 7
8

William H. Murphy, Jr. bil1y.mmphy@murphypa.com William H. Murphy, III hassan.murphy@murphypa.com Tonya Osborne Bafia tonya. bana@murphypa.com Kambon Williams kalTIbon.williams(a),murphypa. com MURPHY, P.A. One South Street, 23rd Floor Baltimore, MD 21202 Telephone: (410) 539~6500 Facsimile: (410) 53 9~6599 Peter G. Angelos LAW OFFICES OF PETER G. ANGELOS 100 North Charles Street Baltimore, MD 21202 Telephone: (410) 649-2000 Facsimile: (41 0) 659~1782 Eric H. Gibbs (State Bar No. 178658) ehg@girardgibbs.com David Stein (State Bar No. 257465) ds@girardgibbs.com GIRARD GIBBS LLP 601 California Street, 14th Floor San Francisco, California 94104 Telephone: (415) 981-4800 Facsimile: (415) 981-4846 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION LAURA MAGUIRE and CHRISTOPHER SIMON, on behalf of themselves and all others similarly situated, Plaintiffs, vs. FACEBOOK, INC., Defendant.

9
10
11

12 13 14 15 16 17 18 19 20 21

22
23 24 25 26 27 28

·aJtlo.

OR

CLASS ACTION COMPLAINT CLASS ACTION DEMAND FOR JURY TRIAL

CLASS ACTION COMPLAINT

1 2 3 4

Plaintiffs Laura Maguire ("Maguire") and Christopher Simon ("Simon") (together, "Plaintiffs"), on behalf of themselves and a class of all others similarly situated, bring this action against Defendant Facebook, Inc. ("Facebook" or "Defendant") and allege as follows: INTRODUCTION 1. Defendant Facebook is a social networking website used by more than 800 million

5
6 7

people around the world. 2. Facebook has repeatedly represented that it does not track the internet activity of its users

8· after they log out of Facebook.com, 9 10
11

3.

In truth and in fact, however, Facebook did track its users' internet activity without their

knowledge or consent even after they logged out of Facebook.com.

4.

By surreptitiously intercepting, storing and transmitting its users' electronic

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

communications, Facebook engaged in conduct that violates federal wiretapping laws, as well as applicable state law. 5. Through this action, Plaintiffs seek damages and injunctive relief on behalf of themselves

and a class of all others similarly situated. PARTIES 6. Plaintiff Maguire is a United States citizen and a resident of Charlotte, North Carolina.

Maguire has maintained and used an active Facebook account during the entire Class Period. On information and belief, Facebook installed cookies on Maguire's computer that tracked her internet activity even after she had logged out of Facebcok.com. 7. Plaintiff Simon is

a United

States citizen and a resident of Baltimore, Maryland. Simon

has maintained and used an active Facebook account during the entire Class Period. On information and belief, Facebook installed cookies on Simon's computer that tracked his internet activity even after he had logged out of Facebook.com. 8. Defendant Facebook is a Delaware corporation with its principle place of business in Facebook.com is a social networking website that allows its users to interact with

Palo Alto, California. each other.

1

CLASS ACTION COMPLAINT

1 2 3 4 5 6 7 8
9

JURISDICTION AND VENUE

9.

This Court has jurisdiction over this action under 28 U.S.C. § 1331 because Plaintiffs

allege violations of federal law. The Court has supplemental jurisdiction over Plaintiffs' state law claims pursuant to 28 U.S.C. § 1367(a). 10. Venue is proper in this Court because Facebook is headquartered in this District and it

conducted the allegedly unlawful actions described in this complaint in this District. 11. In addition, the terms of use and policies that govern Facebook's relationship with its

users expressly state that the laws of the State of California govern any claims that may arise between Facebook and its users and that its users agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California, for the purpose of litigating all such claims. Facebook's terms of use also provide for exclusive venue in state or federal courts located in Santa Clara County, California. INTRADISTRICT 12. ASSIGNMENT

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

Assignment to the San Jose division of this District is proper under Local Rille 3-2(e).

FACTUAL BACKGROUND
13. Faceboolc.com is the largest social networking website in the world with more than 800 million users around the world and 150 million users in the United States. 14. In order to register for an account on Facebook.com, Facebook users are required to

submit certain sensitive personal information, including name, date of birth, gender and email address. 15. Use of Faceboolc.com is governed by a Statement of Rights and Responsibilities, as well

as a comprehensive Data Use Policy, which includes, among other things, a privacy policy. 16. Facebook's terms of use and policies make clear that users are consenting to the

installation of small files called "cookies" on their computers, which are used to store their login IDs, confirm that they are logged in, and track when they are interacting with applications and websites. 17. Facebook collects and uses this information to generate revenue for the company. Recent

reports relating to Facebook's anticipated initial public offering place the value of the company at between $75 billion and $100 billion, See, e.g., Jon Swartz, Scott Martin, and Matt Krantz, "Facebook IPO filing puts high value on social network," USA Today (Feb. 1,2012), 18, Facebook's terms of use and policies expressly stated that it did not track its users'

2 CLASS ACTION COMPLAINT

1 2 3 4 5 6 7
8

internet usage after they logged out of Facebook.com.

For example, Facebook's Data Use Policy stated,

"We receive data whenever you visit a game, application, or website that uses Facebook Platform or visit a site with a Facebook feature (such as a social plugin). This may include the date and time you visit the site; the web address, or URL, you're on; technical information about the IP address, browser and the operating system you use; and, if you are logged in to Facebook, your User ID." Further, Facebook's online help center explicitly stated, "When you log out of Facebook, we remove the cookies that identify your particular account." 19. However, in 2010, an Australian blogger named Nik Cubrilovic ("Cubrilovic")

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

discovered that Facebook's cookies were tracking users' internet activity even after they had logged out of Facebook.com, Specifically, Cubrilovic determined that five of Facebook's cookies, i.e. datr, lu, p, L,

and act, retained value even after logout and a browser restart. Cubrilovic also found that two additional cookies, i.e. a_user (which is the member's unique Facebook identifier) and a_xs, survived logout and remained as session cookies. 20. After repeatedly contacting Facebook about his findings and receiving no response,

Cubrilovic published his findings on his blog on September 25, 2011. Cubrilovic reported that, "Even if you are logged out, Facebook still knows and can track every page you visit." He also explained that, "This is not what 'logout' is supposed to mean - Facebook are only altering the state of the cookies instead of removing all of them when a user logs out." 21. The following day, Facebook admitted that its session cookies tracked the internet but suggested that it did so

activity of users even after they had logged off of Facebookcom, inadvertently. Specifically, engineer Gregg Stefancik stated:

Thanks for raising this issue. We still have a policy of not building profiles based on data from logged out users. Reports like this help us make sure we're adhering to that policy which has not changed. As we discussed last week, we are examining our cookie setting behavior to make sure we do not inadvertently receive data that could be associated with a specific person not logged into Facebook. . .. We have moved quickly to investigate and resolve this latest issue which will be fully addressed today. Nonetheless, Stefancik acknowledged that "[t]here [wa]s a bug where a_user was not cleared on logout.' 22. On September 27,2011, Ireland's Data Protection Commissioner announced that it was

26
27

28

3

CLASS ACTION COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

conducting a privacy audit of Facebook. Facebook's international headquarters are located in Dublin. 23. On September 28,2011, US. Representative Edward Markey and U.S. Representative

Joe Barton, Co-Chairmen of the Congressional Bi-Partisan Privacy Caucus, submitted a joint letter to the Chairman of the Federal Trade Commission stating that "[ajs co-Chairs of the Congressional BiPartisan Privacy Caucus, we believe that tracking user behavior without their consent or knowledge raises serious privacy concerns." The letter further states that "[wjhen users log out of Facebook, they are under the expectation that Facebook is no longer monitoring their activities. We believe this impression should be the reality. Facebook users should not be tracked without their permission." 24. On September 29, 2011, ten privacy groups, including the Electronic Information Privacy

Information Center the American Civil Liberties Union, the American Library Association, the Bill of Rights Defense Committee, the Center for Digital Democracy, the Center for Media and democracy, Consumer Action, Consumer Watchdog, Privacy Activism and Privacy Times, sent a letter to the Federal Trade Commission regarding Cubrilovic's findings. The letter states that "Facebook's tracking of post-log-out Internet activity violates both the reasonable expectations of consumers and the company's own privacy statements" and that "Facebook has been engaging in post-log-out tracking for at least a year." 25. While Facebook has suggested that it inadvertently tracked users' internet activity after

they logged out of Facebook.com, on or about November 16,2011, Congressmen Markey and Barton released a letter to Facebook's CEO, Mark Zuckerberg, expressing concern that, on February 8, 2011, Facebook had filed a patent application with the US. Patent and Trademark Office for "tracking information about the activities of users of a social networking system while on another domain." The letter states that "[ejxperts who have reviewed [the patent application] agree that the patent contemplates tracking users on other websites" and requests that Facebook explain why it applied for this patent in light of its prior representations that Facebook "does not track people across the Internet." 26. On December 21,2011, Facebook provided a written response to Congressmen Markey

and Barton's letter admitting that it had applied for the tracking patent, but evasively claiming that it "sometimes filers] patent applications or take other legal steps to protect our intellectual property even i we don't intend to use our ideas in our products."

4 CLASS ACTION COMPLAINT

1

27.

On January 9, 2012, Congressmen Markey and Barton issued a press release criticizing

2 3 4

Facebook's evasive response. In particular, Congressman Barton stated, "Facebook seems to be saying one thing and doing another. In the company's response, it talks a lot about how they don't currently 'track' users online, but they just asked for a patent that would allow them to do just that. Why ask for something you don't ever plan on using? ... , I am alarmed by the lack of clear answers .... " CLASS ACTION ALLEGATIONS 28, Plaintiffs bring this action on behalf of themselves and a class of persons (the "Class")

5
6 7 8 9 10
11

initially defined as: All persons in the United States who maintained and used an active Facebook account during the Class Period, Excluded from the Class are Defendant, any of its related companies, subsidiaries and affiliates, and federal governmental entities and instrumentalities. 29. This action has been brought and may properly be maintained on behalf of the Class

12 13 14 15 16 17 18 19 20 21 22 23
24

proposed above under the criteria of Rule 23 of the Federal Rules of Civil Procedure. 30. Numerosity, The exact number of members of the Class is unavailable to Plaintiffs at

this time. However, Plaintiffs believe that there are more than 100 million class members located throughout the United States, making joinder of all class members impracticable. 31. Commonality and Predominance. Common questions of law and fact exist as to all

members of the Class and predominate over questions affecting only individual class members. These common questions include: (a) Whether Facebook's actions violated the Federal Wiretap Act, 18 U.S.C. § 2510,

et seq., the Federal Stored Electronic Communications Act, 18 U.S.C. § 2701 et seq., the Federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, the California Internet Privacy Requirements Act, CaL Bus. & Prof. Code § 22575 et seq., California Penal Code §502(c), and the California Unfair Competition Law, Cal. Bus. & Prof. Code section 17200 et seq. (b) Whether Facebook has unlawfully profited from its actions and whether it should

25

26
27 28

disgorge these profits to the Class. (c) Whether the Class is entitled to statutory and other damages, civil penalties,

punitive damages, declaratory or injunctive relief, and other types of equitable relief.

5
CLASS ACTION COMPLAINT

1 2 3 4 5 6 7 8 9 lOa 11 12 13 14 15 16 17 18 19 20 21 22
23

32.

Typicality. Plaintiffs' claims are typical of the claims of class members as Plaintiffs

have sustained the same injury as all other class members and the factual and legal bases for Facebook's liability to Plaintiffs and all other class members is the same. 33. Adequacy. Plaintiffs will fairly and adequately protect the interests of the Class because

their interests do not conflict with the interests of other class members. Plaintiffs have retained counsel that is competent and experienced in complex class action litigation and Plaintiffs intend to vigorously prosecute this action. 34. Superiority. A class action is superior to other available methods for the fair and

efficient adjudication of this controversy. The class is readily ascertainable. Prosecution of this action as class will permit a large number of similarly situated persons to simultaneously and efficiently adjudicate their common claims in a single forum without the duplication of effort and expense that would result from numerous individual actions. Further, class treatment will eliminate the possibility of repetitious litigation and ensure uniformity of decisions. FIRST CAUSE OF ACTION (Violation of the Federal Wiretap Act, 18 U.S.C. § 2510 et seq.) 35. 36. communication. 37. Facebook installed cookies on Plaintiffs and class members' computers that tracked their Plaintiffs incorporate and reallege every allegation above as if set forth in full herein. The Federal Wiretap Act prohibits the willful interception of any wire, oral or electronic

internet communications even after they had logged out of Facebook.com. 38. Neither Plaintiffs nor class members were aware that Facebook was tracking their

internet usage after they logged out of Facebook.com. 39. The data and information that was captured by Facebook's cookies constitutes electronic

24 25 26 27 28

communications within the meaning of the Wiretap Act, thus, Facebook intentionally and willfully intercepted Plaintiffs and class members' electronic communications without their knowledge or consen in violation of the Wiretap Act. 40. Pursuant to 18 U.S.C. § 2520, Plaintiffs and class members are entitled to actual damages

and any profits Facebook made as a result of the violation or statutory damages of the greater of$100 a

6
CLASS ACTION COMPLAINT

1 2

day for each day of violation or $10,000, as well as preliminary or other equitable or declaratory relief, and reasonable attorney's fees and other litigation costs reasonably incurred. SECOND CAUSE OF ACTION (Violation of the Federal Stored Electronic Communications Act, 18 U.S.c. § 2701 et seq.) 41. 42. Plaintiffs incorporate and reallege every allegation above as if set forth in full herein. The Federal Stored Electronic Communications Act provides a cause of action against

3 4
5 6 7 8 9 10
11

any person who intentionally accesses a facility through which an electronic communication service is provided without authorization or intentionally exceeds an authorization to access that facility, and thereby obtains, alters or prevents access to a wire or electronic communication while it is in electronic storage in such system. 43. "Electronic Storage" is defined as "any temporary, immediate storage of a wire or

12 13 14 15 16 17 18 19 20
21

electronic communication incidental to the electronic transmission thereof."

44.

By installing cookies on Plaintiffs and class members' computers that tracked their

internet usage even after they logged out of Facebook, Facebook intentionally accessed without authorization, or exceeded its authorization to access, class members' stored electronic communications in violation of the Stored Electronic Communications Act.

45.

Plaintiffs and class members have been harmed by Facebook's violations and are entitled

to actual, compensatory, statutory, and punitive damages, as well as injunctive relief and reasonable attorney's fees. THIRD CAUSE OF ACTION (Violation of the Federal Computer Fraud and Abuse Act, 18 U.S.c. § 1030) 46. 47. Plaintiffs incorporate and reallege every allegation above as if set forth in full herein. The Federal Computer Fraud and Abuse Act provides a cause of action against any

22 23 24 25

person who intentionally accesses without authorization or exceeds authorization and thereby obtains information from a computer used in interstate or foreign commerce or communication. 48. By installing cookies on Plaintiffs and class members' computers that tracked their

26
27 28

internet usage even after they logged out of Facebook, Facebook intentionally accessed without

7 CLASS ACTION COMPLAINT

1 2

authorization or exceeded authorization and thereby obtained information from Plaintiffs and class members' computers in violation of the Computer Fraud and Abuse Act. 49. Plaintiffs and class members have been harmed by Facebooks violations and are entitled

3
4 5 6 7

to compensatory damages and injunctive relief or other equitable relief. FOURTH CAUSE OF ACTION (Violation of the California Internet Privacy Requirements Act, Cal. Bus. & Prof. Code § 22575 et seq.) 50. 51. Plaintiffs incorporate and reallege every allegation above as if set forth in full herein. California's Internet Privacy Requirements Act requires an operator of a commercial

8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Web site or online service, such as Facebook, to post a privacy policy that informs the users or consumers of its services of precisely what information will be collected from the those users or consumers and how that information will be utilized or disseminated. Operators are then required to adhere or comply with the privacy policy posted. 52. Section 22577(c) of the Internet Privacy Requirements Act provides that: "[t]he term

'operator' means any person or entity that owns a Web site located on the Internet or an online service that collects and maintains personally identifiable information from a consumer residing in California who uses or visits the Web site or online service if the Web site or online service is operated for commercial purposes." 53. Section 22577(a) of the Internet Privacy Requirements Act provides that the term

"personally identifiable information" means individually identifiable information about an individual consumer collected online by the operator from that individual and maintained by the operatorin an accessible form, including any of the following: "(1) A first and last name; (2) A home or other physic address, including street name and name of a city or town; (3) An e-mail address; (4) A telephone number; (5) A social security number; (6) Any other identifier that permits the physical or online contacting of a specific individual; (7) Information concerning a user that the Web site or online service collects online from the user and maintains in personally identifiable form in combination with an identifier described in this subdivision." 54. Pursuant to §22575(a) of the Internet Privacy Requirements Act: "An operator of a

8 CLASS ACTION COMPLAINT

1 2 3 4 5 6 7
8

commercial Web site or online service that collects personally identifiable information through the Internet about individual consumers residing in California who use or visit its commercial Web site or online service shall conspicuously post its privacy policy on its Web site, or in the case of an operator of an online service, make that policy available in accordance with paragraph (5) of subdivision (b) of Section 22577."

55.

Pursuant to §22575(b)(1) of the Internet Privacy Requirements Act, the privacy policy

required by subdivision (a) shall, among other things, "[iJdentify the categories of personally identifiable information that the operator collects through the Web site or online service about individual consumers who use or visit its commercial Web site or online service and the categories of third-party persons or entities with whom the operator may share that personally identifiable information." 56. Pursuant to §22576 of the Internet Privacy Requirements Act, "[a]n operator of a

9 10 11 12
13

commercial Web site or online service that collects personally identifiable information through the Web site or online service from individual consumers who use or visit the commercial Web site or online service and who reside in California shall be in violation of this section if the operator fails to comply with the provisions of Section 22575 or with the provisions of its posted privacy policy" either (a) "[k]nowingly and willfully" or (b) "[n]egligently and materially." 57. Facebook's privacy policy, as previously alleged, failed to inform Plaintiffs and class

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

members that Facebook would continue to track their internet activity even after they had logged off or terminated their session on Facebook.com. 58. To the extent that Facebook's privacy policy failed to inform Plaintiffs and class

members that Facebook would collect both personally identifiable information generated during their sessions on Facebook.com and personally identifiable information generated after their sessions on Facebook.com, Facebook's privacy policy violates § 22575(b)(1) in that said policy does not fully "[iJdentify the categories of personally identifiable information" to be collected or fully inform users or consumers that information generated after the termination of a session may also be shared with thirdparties. 59. Facebcok's failure to post a privacy policy that satisfies §22575(b)(1) and Facebook's

9 CLASS ACTION COMPLAINT

1 2 3 4 5 6 7

failure to comply with its own privacy policy, which required Facebook to cease its tracking of Plaintiffs and class members' internet activity after they logged off or terminated their sessions on Facebook.com, were both done knowingly and willfully or negligently and materially and both failures constitute acts or omissions that violate §22576 of the Internet Privacy Requirements Act. 60. Facebook's violation of the above has caused or resulted in damage, loss, or injury to

Plaintiffs and class members. FIFTH CAUSE OF ACTION (Violation of California Penal Code §502(c)) 61. 62, Plaintiffs incorporate and reallege every allegation above as if set forth in full herein. Faceboolc has knowingly and without permission accessed, caused to be accessed, and

8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

used Plaintiffs and class members' data, computers, computer systems, and computer networks, in order to wrongfully obtain and control data, which includes, but is not limited to, data related to their internet activity. Such conduct is expressly prohibited by California Penal Code §502(c). 63. Facebook's unauthorized access of Plaintiffs and class members' computers, laptops,

smartphones, and other devices for the purpose of data collection even after they had logged off or terminated their sessions on Facebook.com constitutes an express violation of California Penal Code §502( c), which provides that any person who commits any of the following acts is guilty of a public offense: "(1) Knowingly accesses and without permission alters, damages, deletes, destroys, or otherwise uses any data, computer, computer system, or computer network in order to either (A) devise or execute any scheme or artifice to defraud, deceive, or extort, or (B) wrongfully control or obtain money, property, or data; (2) Knowingly accesses and without permission takes, copies, or makes use of any data from a computer, computersystem, or computer network, or takes or copies any supporting

documentation, whether existing or residing internal or external to a computer, computer system, or computer network; (3) Knowingly and without permission uses or causes to be used computer services; (4) Knowingly accesses and without permission adds, alters, damages, deletes, or destroys any data, computer software, or computer programs which reside or exist internal or external to a computer, computer system, or computer network; [] (6) Knowingly and without permission provides or assists in providing a means of accessing a computer, computer system, or computer network in violation of this

10 CLASS ACTION COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

section; (7) Knowingly and without permission accesses or causes to be accessed any computer, computer system, or computer network; (8) Knowingly introduces any computer contaminant into any computer, computer system, or computer network." 64. California Penal Code §502(e)(1) provides that: "In addition to any other civil remedy

available, the owner or lessee of the computer, computer system, computer network, computer program, or data who suffers damage or loss by reason of a violation of any of the provisions of subdivision (c) may bring a civil action against the violator for compensatory damages and injunctive relief or other equitable relief." 65. Compensatory damages shall include any expenditure reasonably and necessarily

incurred by the owner or lessee to verify that a computer system, computer network, computer program, or data was or was not altered, damaged, or deleted by the access. 66. Pursuant to California Penal Code §502(e)(2) and (e)(4), Plaintiffs and class members

may seek reasonable attorney's fees and punitive damages for any violation of §502(c). Facebook's actions constitute violations of California Penal Code §502(c)(1)-(4) and (c)(6)-(8). 67. Facebook's unauthorized access and use has caused or resulted in damage, loss, or injury

to Plaintiffs and class members. SIXTH CAUSE OF ACTION (Violation of California's Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq.) 68. 69. Plaintiffs incorporate and reallege every allegation above as if set forth in full herein. Facebook's installation of cookies that tracked users' internet activity even after they had

logged off of Facebook.com without their knowledge or consent in violation of the Federal Wiretap Act, 18 U.S.C. § 2510 et seq., the Federal Stored Electronic Communications Act, 18 U.S.C. § 2701 et seq., the Federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, the California Internet Privacy Requirements Act, Cal. Bus. & Prof. Code § 22575 et seq., and California Penal Code §502(c) constitutes an unlawful business practice under California's Unfair Competition Law. 70. Facebook's conduct also constitutes an unfair business practice because it is

unscrupulous, unethical, oppressive and injurious to consumers. Facebook's conduct undermines this State's fundamental policy against invasion of privacy, as well as the policy against unfair and sharp

11 CLASS ACTION COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

business practices that are likely to deceive or mislead consumers and undercut trust and fair competition in the consumer marketplace. 71. Facebook engaged in fraudulent business practices by repeatedly representing that it did

not track the internet activity of its users after they log out of Facebook.com, though Facebook did track its users' internet activity without their knowledge or consent even after they logged out of Facebook.com. 72. As a direct and proximate result of Facebook's unlawful, unfair, and fraudulent business

practices as alleged herein, Plaintiffs and the members of the Class suffered injury in fact and lost money or property. 73. Plaintiffs and the Class members are entitled to equitable relief including attorney's fees

and costs under Code of Civil Procedure section 1021.5, declaratory relief, and a permanent injunction enjoining Facebook from its unlawful, unfair, and fraudulent activity. SEVENTH CAUSE OF ACTION (Conversion) 74. 75. Plaintiffs incorporate and reallege every allegation above as if set forth in full herein. Plaintiffs and class members own the exclusive rights to possess and control the user data

and/or personally identifiable information maintained on their personal computers, laptops, smartphones, or other devices capable of accessing the World Wide Web, the Internet, or Facebook.com.
·76.

Such user data andlor personally identifiable information may include, but is not limited

to, the date, time and web address of the webpages visited; the web searches entered; the unique characteristics of their devices (such as IP address, screen resolution, operating system, and browser version); name and e-mail address when the user is logged on Facebook.com; and a unique alphanumeric identifier that can be used to track their web browser activity even after they have logged off or terminated their sessions on Facebook.com. 77. Plaintiffs and class members possess a protected property right in such user data and/or

26
27 28

personally identifiable information because such user data andlor personally identifiable information represents an interest capable of precise definition; is capable of exclusive possession or control; and

12 CLASS ACTION COMPLAINT

1 2 3 4 5 6 7 8 9 10
11

was the subject of an established and legitimate claim of exclusivity owned by Plaintiffs and class members.

78.

Upon information and belief, during the Class Period, Facebook wrongfully converted to

its own personal use the aforementioned user data andlor personally identifiable information belonging to Plaintiffs and class members by collecting their user data and/or personally identifiable information even after they had logged off or terminated their sessions on Facebook.com. 79. Facebook's collection of user data and/or personally identifiable information even after

Plaintiffs had logged off or terminated their sessions on Facebook.corn breached the scope of the consent they granted to Facebook and violated their exclusive rights to possess and control their user data and/or personally identifiable information.

80.

As a direct and proximate result of the acts alleged herein, Plaintiffs and class members

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

suffered, and will continue to suffer, damages in a sum according to proof at trial.

81.

The foregoing conduct by Facebook was willful, fraudulent, malicious and oppressive.

Consequently, Plaintiffs and class members are entitled to an award of punitive damages against Facebook according to proof. EIGHTH CAUSE OF ACTION (Trespass to Personal Property) 82. 83. Plaintiffs incorporate and reallege every allegation above as if set forth in full herein. Plaintiffs and class members were the owners of computers, laptops, smartphones, or

other devices capable of accessing the World Wide Web, the Internet, or Facebook.com, upon which received cookies transmitted by Facebook.

84.

Upon information and belief, during the Class Period, Facebook intentionally and withou

consent or other legal justification, used Plaintiffs and class members' computer and internet connections, monitored their internet usage, and accessed various components and systems within their computers, laptops, smartphones, or other devices capable of accessing the World Wide Web, the Internet, or Facebook.com-e-or otherwise unnecessarily consumed the memory or storage resources of same.

85.

Upon information and belief, during the Class Period, Facebook intentionally and without

13 CLASS ACTION COMPLAINT

1 2 3 4 5 6

consent or other legal justification, tracked Plaintiffs and class members' activity while they were logged off of the website Facebook.com, and, in the process, connected their personally identifiable information to their internet activities. Facebook did so by transmitting cookies to their computers, laptops, smartphones, or other devices capable of accessing the World Wide Web, the Internet, or Facebook.com and using those cookies to track their activities even after they had logged off or terminated their sessions on Facebook.com 86. Facebook's intentional and unjustified placing of cookies designed to track Plaintiffs and

7
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 /1 II II II Class;

class members' internet usage while logged off of Facebook.com and actual tracking of their internet activities interfered with Plaintiff and class members' use of their personal property, including their computers, laptops, smartphones, and other devices capable of accessing the World Wide Web, the Internet, or Facebook.com, as well as their data and/or personally identifiable information. PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully request the following relief: A. An order certifying the Class under Rule 23 and appointing their counsel to represent the

B.

Actual and compensatory damages, including statutory and punitive damages where

available, on behalf of Plaintiffs and the other members of the Class in an amount to be proven at trial;

C.

An injunction permanently restraining Facebook and its officers, agents, servants,

employees and attorneys from installing cookies on its users' computers that track their internet usage without their knowledge or consent; D. Attorney's fees, costs and expenses of this suit, as well as pre and post-judgment interest

at the maximum legal rate; and E. Such other and further relief as the Court may deem appropriate.

28

/1

14 CLASS ACTION COMPLAINT

1 2 3 4 DATED: February 17,2012

DEMAND FOR JURY TRIAL Plaintiff hereby demands a trial by jury on all claims so triable.

Respectfully submitted, GIRARD GIBBS LLP BY:~~~ ---

5 6
7

David

ill

8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Eric H. Gibbs 601 California Street, Suite 1400 San Francisco, CA 94108 Phone: (415) 981-4800 Fax: (415) 981-4846 William H. Murphy, Jr. William H. Murphy III Tonya Osborne Bafia Kambon Williams MURPHY, P.A. One South Street-23 rd Floor Baltimore, MD 21202 Phone: (410) 539-6500 Fax: (410) 539-6599 Peter G. Angelos LAW OFFICES OF PETER G. ANGELOS 100 North Charles Street Baltimore, MD 21202 Phone: (410) 649-2000 Fax: (410) 659-1782 Attorneys for Plaintiffs

15 CLASS ACTION COMPLAINT

JS 44 CAN['

\~.'V.

12111)

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pica dings 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 ofthe Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NF.XT PAGSDP THIS FORM.)

L (a)

PLAINTIFFS

I

DEFENDANTS

(b)

County

of Residence

of First Listed
(EiXC£{'T

Plaintiff
CASES)

IN U,S. /'LAINT/FF

~Vp~
tL-2>- ~
Box O"ly)

PllttM~

sted Defendant
i PLA IlifT/PP CASEiS ONL y) USE THE LOCATION OF CONDEMNATION CASES, ~T OF LAND INVOLVED.

(c)

Attorneys

(Fi,.m Name, Address, and Teiepho ne Number}

II. BASIS 0 F JURISDICTION
(1 ~

(Place an J Federal (U.S. Question

"X";" 0".

III,

CITIZENSHIP
Citizen of This Stare

OF PRINCIPAL
PTF DEI' [11

PARTIES
Incorporated ofBusiness

(Placem,"X";"O"eIlQx[orPI.i"'ijJ) an-d One 80.'( for DefelHlilnl) rTF DEI'

(For Di;'er·sity Cases Only) U.S. Gnvernmeru Plaintiff d
~Qv(!r"mcrr(

Nat a

ParI),)

o

1

or P-rincipal Place In This State

0

a

.:I-

o

2

UcS. Government Defendant

o

4 Diversity (Indicate Citi'!en:JIJip ofParties iri Item III)

Cjtizen

of Another

State

o

o o

luccrporatcd au d Principal prace of Busines s In Another Slate

o
o

5

Cit:izenur

Subject

of a

o

J

F orelgn Nation

o (,

IV L

. NATUREOFSUIT
CONTRACT

rPla<t",,";r";aOJleBo,O,,'y)

0 I i 0 Insurance
0 110 Marine C1 I Jil MillerACI

,

TORTS PERSONAL 0310 Airplane Product Liability 3~O Assault, Slander 330 Fedenl£ Liebifity 340 Marine 3~15 Marine Liability 350 Motor 355 Motor Product 361l Other Injury 0 362 Personal Injury ~ Med. Malpractice Pro-duel Vehicle V\!hicle Liabiiity Personal C1 0
[J

FORFEITURE/PENALTY PERSONAL INJURY Injury Liab illty I
[1

BANKRUPTCY 0 422 App ea 12S USC 158 0 423 Withdrawal 28 USC I'RO~ERTY 0 820 Copyrights. .lBO Patent 0 840 Trademark 0 157 RIGHTS

OTHER

STAT[]TES

INJURY 0

0 625 Drug Related of Property 0 6900,he'

Seizure 21 USC g81

0 37S,Fai!:e Claims Act
0 0 0 i.J 0 400 State Rcapporticnrnent 4 i 0 Antitrust 450 Co mmerce 460 Deportation 470 Racketeer Corrupt 480-Consumer lnfluencud Organizations Credit and

365 Personal Product

l1 ],15 Airplane lnstruruent of Judgment

0 140 Negotiable

o

1.50 Recovery uf Ovcrpa yment & E~fQrcemenl ACt of Defaulted Loans Veterans}

a
o

n
Libel & Employers' 0

)67 Health Cflref Pharm Product ),68 Asbesto Injury Liability aceutica Persuna.1 Injury Liability s Personal Product LABOR rROPERTY fraud Cl 710 Fair Lnbo r Standards Act 0 720· Labcr/M 0 740 Railway 0 751 Pamity gmt. Relations Labor Act and Mcdicat

0 4]0 Blinks and Bunking

0 I S I Medicare 0 152 Recovery Student (E"cL

a
(J

0 153 R~COY~fY of 0 verpa yment of'Yeteran-' s 8;.~[\ . fits .0 HiO Sl.ockhold¢rs' 0 190 Other Contract Liability Suits

PF.RSONAL .170 Olner J"} ~ Truth J80 Other Properly

o
o

SOCIA 861 iliA

SECURITY (1395f1) (40S(g))

0 49b Cable/S"tl'V
0 0 0 0 850 SCCUril)Cs/C ommod ities/ Exchange 890'Olhu
ShHlum)l

o

o 862 Black Lung (nl) 863 DIWCIDIWW
XV]

a
[J

iii Lending
Persona! Damage Dam-a ge Liab Illty PETITIONS to Vacate

Actions Matters

0

0 &64 SSID TiLle o 865 RS] (405(g»

g_9~ Agricultural .895 Freedom Act

Acts of Informntion

0 195 Contract Product : 0 196 Freuchisc

0 89J Environmental

.3 85 Properly
P reduct

Leave Act 0 790 Other Lahar Litigation 0 7-9l Empl., ReI. Inc. Security Ac( 0 FEDERAL TAX SUITS

0 &96 Arbitration
0 899 Administrative Act/Review Agency 0 Procedure ur Appeal of of

I

REAL

PRO~EllTY

CIVIL

RIGHTS Civil Rights

PRISONER
[J

0 .2 lOLa nd Co ndemnat ion 0 220 Foreclosure 0 2.30 Rent Lease & Ejectment 0 240 Tons
10

o
o o

44G Other

510 Motions Sentence H-abeas

:no Tuxes
871 rR S-

(U.S< Phiin(iff Th ird Party

o ·HI Vming 442 Employment 443 Hcuaing/ Accommodatians i1 4 .. 5 Amer. w/Disabilitics w/Djsabilities
L

Corpus: Penalty & Other IMMJGRA nON Application

o
o
461 Naturalization Alien Detainee Petition) lmmigrafinn

or Defendant] 26 USC 1609

Decis ion

950 Constitutionality Slate Statutes

Land

0 0
[1

530 General 535 Death 54Q M andamus

0 245 Tort Product Liability 0 290 All Other Rca! Property

Emptovmenr

o

4;46 Amcr.

>

0 550 Civil R ights 0 555 Prison Condition
0 560 Civil Detaincc. Conditions Confinement of

a

463 Habeas C nrpus {Prfsoncr 465 Other Actions

o V. ORIGIN
I Original
Proceeding

Other 44& Education

o

o

o

(Place.

IHI

'·X··

if}

One llo.( O,dy)

2 Removed StateCou

from rt

0

3

Remanded from Appellate Court

0

4 Reinstated Reopened

or

0

5

Transferred from another district
see' '

0

6

Multidistrict Litigation

Cite the U.S. Civil Statute under

which you are filing

{Ito not c(l"jurisdiction«l.t«rules

un less div<rsit)1;

VI. CAUSE

OF ACTION IN CASE(S)

Brief description

of cause:

VII. REQUESTED COMPLAINT; VlII. RELATED IF ANY

o CHECK

IF THIS IS A CLASS ACTION UNDER F.R.C.P, 23

DEMANDS

CHECK

YES only if demanded 0 Yes

in complaint: 0 No

JURY DEMAND:

(See instructions}:

JUDGE

DOCKET

NUMBER

IX. DIVISIONAL ASSIGNMENT {Place all "X" In One Box Only)
DATE

(Civil L.R. 3-2) 0 SAN FRANCISCO/OAKLAND
SIGNA TURE OF ATTORNEY

o
OF RECORD

SAN JOSE

o

EUREKA

IS44CAND

(Rev,121l1)

INSTRUCTlONS

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 "Or 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 initiatlng the civil docket sheet. Consequently, a civil cover sheet Is submitted to the Clerk of Court foreach civil complaint filed. The attorney !lling a case should complete the form as follows: ' I. (a) Plaintiffs-Defendants. name or standard abbreviations. and title.

tr the plaintiff or defendant is an official within a government agency, identify first the llgency and then the official, giving both name

Enter names (last, first, middle initial) of plaintiff and defendant.

If the plaintiff ordefendant

is a government agency, use only the full

(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 tlling. In U.S. plaintiff cases, cuter the name of the county ill which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "~efendantn is the location of the tract ofland lnvolved.) , (c} Attorneys. Enter the firm name, address, telephone number, and attorney of record. section "(see attachment)", If' there are several attorneys, list them on an attachment, noting in this be shown in pleadings. Place an "X" in one of the

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions boxes. [f there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. United states defendant. (I} Jurisdiction

based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers oftbe United States are included here.

(2} Wben the plaintiff is' suing the United States, its officers or agencies, place an "X" in thls box.

Federal question. (3) This refers to suits under 28 U.S.c. 1331, where jurisdiction arises under the Constltutinn of the United States, an amendment to the Constitution, an act of Congress or a treaty ofthe United States. In cases where the U.S. is II party, the U.S. plaintiff or defendant code takes precedence.und box I 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.) III. Residence (cittzenship) of Principal prin clpal pa rty, Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each

IV. 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 enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits morc than one nature ofsuit, select the most definitive. V. Origin. Place an "X" in one of the seven boxes.
(l) Cases which originate

Original Proceedings.

tnthe United States district courts.

Removed from State Court. (2} Proceedings removal is granted, check this box. Remanded Reinstated Transferred transfers. from Appellate Court. or Reopened.

initiated in state courts may be removed to the district courts under Title 28 U.S.c., Section 1441. When the petition for
C

(3) Check this box for cases remanded to the district court for further action.

Use the date of remand as the filing date.

(4) Check this box for cases reinstated or reopened iu the district court. Use ,the reopening date as the filing date. (5} For cases transferred under Title 28 U.S,c. Section 1404(a}. Do not use this for within district transfers or multldlstrjctlitlgation case is transferred into the district under authority of Title 28 U.S.c. Section 1401. When this box is

from Another District.

Multidlstrict Litigation. (6) Check this box when a multidistrict checked, do not check (5} above. Appeal to District Judge from Magistrate Judgment.

(1) Check this box for an appeal from a magistrate judge's declslon. of the cause. Do not cite jurisdictional statutes unless

Vl. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unanthorized reception of cable service VII. Demand. 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. of dollars) being demanded or indicate otherdemand such as a preliminary injunction.

In this space enter the dollar amount (tn thousands Check the appropriate

Jury Demand,

box to indicate whether or not a jury is being demanded.

VIII. Related Cases. Tbis section of the JS 44 is used to reference related pending cases if ally. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. IX. Divisiona! Assignment. In accordance with Civil L.R. J-2(c) - (f), select the appropriate venue based upon the county in whicb a substantial part of the events or 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 sigu the civil cover sheet.

~ JS 44 (Rev. 12/07) (CAND Rev 1/10)

CIVIL COVER SHEET
DEFENDANTS
Facebook, Inc., County of Residence of First Listed Defendant (IN U. S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATIONOF THE LAND INVOLVED.

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 niles 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 PAGE TWO OF THE FORM.)

I.

(a)

PLAINTIFFS

LAURA MAGUIRE and CHRISTOPHER SIMON, on behalf of themselves and all others similarly situated, (b)
County of Residence of First Listed Plaintiff (EXCEPT IN U.S. PLAINTIFF

Mecklenburg
CASES)

(c)

Attorney's

(Firm Name, Address,

and Telephone

Number)

Attorneys (If Known)

Eric H. Gibbs GIRARD GIBBS, LLP 60 I California St., 14th Fl., San Francisco, CA 94180 Tel: (415) 981-4800

unknown

II. BASIS OF JURISDICTION
U.S. Government Plaintiff
[]] 3

(Place an "X' in One Box Only)

III. CITIZENSHIP OF PRINCIPAL PARTIES

D2

U.S. Government Defendant

o4

Federal Question (U.S. Government Not a Party) Diversity (Indicate Citizenship of Parties in Item Ill)

(Place an "X' in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) PTF DEF PTF DEF Citizen of This State OLD 1 Incorporated or Principal Place D 4 of Business In This State

04
05

Citizen of Another State Citizen or Subject of a Foreign Country

D2 0 0
3

2 3

Incorporated and PrincipalPlace of'Busmess In Another State Foreign Nation

D5

0

06

IV. NATURE OF SUIT
0 0 0 0 0 0 0 0 0 0 0 CONTRACT 11 0 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (ExcL Veterans) 153Recovery of Overpayment of Veterans Benefits 160 Stockholders' Suus: 190 Other Contract 195Contract Product Liability 196Franchise REAL PROPERTY 0 0 210 Land Condemnation 220 Foreelosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property

(Place an "X' in One Box Only) FORFEITURE/PENALTY BANKRUPTCY TORTS OTHER ST ATUTES 0610 Agriculture 422 Appeal 28 USC 158 PERSONAL INJURY 400 State Reapportionment PERSONAL INJURY 0620 Other Food & Drug 423 Withdrawal 410 Antitrust 310 Airplane 0362 Personal Injury0625 Drug Related S eizure 28 USC 157 430 Banks and Banking Med. Malp ractice 315 Airplane Product of Property 21 USC 881 450 Commerce Liability 0365 Personal Injury f-----------==460 Deportation 0630 Liquor Laws Product Liability 320 Assault, Libel & PROPERTY RIGHTS f-----=-'-"....::...c==::..::.::=----r--,470 Racketeer Influenced and 0640 R.R. & Truck 036 B Asbestos Personal Slander 820 Copyrights 0650 Airline Regs. Corrupt Organizations Injury Product 330 Federal Employers' 830 Patent 660 Occupational 480 Consumer Credit Liability Liability 840 Trademark Safety/Health 490 CabIe/SatTV 340 Marine PERSONAL PROPERTY 690 Other 810 Selective Service 345 Marine Product 0370 Other Fraud f------------+----------Ir-,850 Secunties/Commodities/ Liability 0371 Truth in Lending LABOR SOCIAL SECURITY Exchange 350 Molar Vehicle 0380 Other Personal 875 Customer Challenge 710 Fair Labor Standards 861 HIA (1395ff) 355 Motor Vehicle Property Damage 12USC 3410 Act 862 Black Lung (923) Product Liability 0385 Property Damage 720 Labor/Mgmt. Relations 863 DTWC/DIWW(405(g)) • 890 Other Statutory Actions 360 Other Personal Injury Product Liability 891 Agricultural Acts 730 Labor/Mgmt.Reporting 864 ssro Title XVI 892 Economic Stabilization Act & Disclosure Act 865RSI (405(g)) PRISONER CIVIL RIGHTS 893 Environmental Matters 740 Railway Labor Act PETITIONS 894 Energy Allocation Act 790 Other Labor Litigation 510 Motions to Vacate 441 Voting f------------v--1895 Freedom of Information 791 EmpJ.Ret. Inc. Sentence 442 Employment Act Security Act Habeas Cnrpus: 443 Housing! 9{)OAppealofFee 870 Taxes (U.S. Plaintiff Accommodations 530 General Determination or Defendant) 444 Welfare 535 Death Penalty Under Equal Access 871 IRS-Third Party 445 Amer, w/Disabiiiries 540 Mandamus & Other IMMIGRATION to Justice 26 USC 7609 Employment 550 Civil Rights 462Naturalization Application 950 Constitutio ualny of 446 Arner. w/Disabiliries 555 Prison Condition 463 Habeas Corpus StaleStatutes Other Alien Detainee 440 Other Civil Rights 465 Other Immigration Actions
>-

D D
0 0

V. ORIGIN
[EJ I Original Proceeding

(place all "X" in One Box Only) 02 Removed from D 3 Remanded from State Court Appellate Court

04

Reinstated or Reopened

D 5 another

Transferred from district (specify)

o 6 Multidistrict
Litigation statutes unless diversity):

07

Appeal to District Judge from Magistrate Judgment

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional

VI. CAUSE OF ACTION VII. REQUESTED IN COMPLAINT:
VIII. RELATED IF ANY
CASE(S)

18 U.S.C. § 2510, et se .
Brief description of cause:

Federal Wiretap Act
[EJ CHECK IF THIS IS A CLASS ACTION DEMAND $ UNDER F.R.C.P. 23 PLEASE REFER TO CIVIL L.R. 3-12 CONCERNING REQUIREMENT "NOTICE OF RELATED CASE". CHECK YES only ifdemanded in complaint JURY DEMAND: [EJ YesO No TO FILE

IX. DIVISIONAL ASSIGNMENT (CIVIL L.R. 3-2) (PLACE AND "X" IN ONE BOX ONLY)
DATE

D SAN FRANCISCO/OAKLAND
SIGNATURE OF ATTORNEY OF RECORD

02117/2012

/

AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

Northern District of California
LAURA MAGUIRE and CHRISTOPHER SIMON, on behalf of thems~!yes ~_~dall others similarly situated,
Plaintiff

)

) )
)

v.
FACEBOOK, INC.,
Defendant

) )
)

C' .

,~tJitl

. Il.",

o

SUMMONS IN A CIVIL ACTION To:
(Defendant's name and address)

Facebook, Inc.

cia Corporation Service Company
2711 Centerville Road, Suite 400 Wilmington, DE 19808

A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) - or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney, whose name and address are:
Eric H. Gibbs GIRARD GIBBS LLP 601 California Street, 14th Floor San Francisco, California 94108

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

RICHARD W. WIEKI\\1G
CLERK OF COURT

Date:
Signature
0

AO 440 (Rev. 12/09)

Summons in a Civil Action (Page 2)

Civil Action No. PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ, P. 4 (I)) This summons for
(name a/individual and title,

if any)

was received by me on (date)

o
o
on

I personally served the summons on the individual at

(place)
011

.~--

(date)

__________
(name)

;or

I left the summons at the individual's residence or usual place of abode with

~---------

----------------~
(date)

, a person of suitable age and discretion who resides there,

---

, and mailed a copy to the individual's last known address; or ,who is

o

-------------------------------designated by law to accept service of process on behalf of (name 0/ organization)
on
(date)

T served the summons on

(name a/individual)

---~.------------------------

; or ; or

o
o

I returned the summons unexecuted because

Other

(specify):

My fees are $

-----

._--

for travel and $

~--~

for services, for a total of $

0.00

I declare under penalty of perjury that this information is true.

Date:
Server's signature

Printed name and title

Server's address

Additional information regarding attempted service, etc:

1 2
3

4

5
6 7 8 9 10 11 12 13 14
15

William H. Murphy, Jr. billy.murphy@murphypa.com William H. Murphy, III hassan.murphy@murphypa.com Tonya Osborne Bafia tonya.bana@murphypa.com Kambon Williams kambon.williams(al,murphypa.com MURPHY, P.A. AIQt;AMO W, WlftlKIN5) One South Street, 23rd Floor Ok Y!i\ f:}l§~J~l'@~~~~Tfl~H~~ Baltimore, MD 21202 N~l1\l a!§f~\Gl ~ . I Telephone: (410) 539-6500 Facsimile: (410) 539-6599

ORIGINAL

FILED

Peter G. Angelos LAW OFFICES OF PETER G. ANGELOS 100 North Charles Street Baltimore, MD 21202 Telephone: (410) 649-2000 Facsimile: (410) 659-1782 Eric H. Gibbs (State Bar No. 178658) ehg@{girardgibbs.com David Stein (State Bar No. 257465) ds@girardgibbs.com GIRARD GIBBS LLP 601 California Street, 14th Floor San Francisco, California 94104 Telephone: (415) 981-4800 Facsimile: (415) 981-4846 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE ~~O LAURA MAGUIRE and CHRISTOPHER· SIMON, on behalf of themselves and all others similarly situated, Plaintiffs, vs. FACEBOOK, INC., Defendant.

16 17 18 19 20 21 22 23

~ase*o.

0 ,80

24
25 26 27 28

CERTIFICATION OF INTERESTED ENTITIES OR PERSONS

CERTIFICATION

OF INTERESTED ENTITIES OR PERSONS

1 2 3

Pursuant to Civil L.R. 3-16, the undersigned certifies that as of this date, other than the named parties, there is no such interest to report. DATED: February 17,2012 Respectfully submitted,

4
5 6

BY2J~
Eric H. Gibbs 601 California Street, Suite 1400 San Francisco, CA 94108 Phone: (415) 981-4800 Fax: (415) 981-4846 William H. Murphy, Jr. William H. Murphy III Tonya Osborne Baiia Kambon Williams MURPHY, P.A. One South Street-23td Floor Baltimore, MD 21202 Phone: (410) 539-6500 Fax: (410) 539-6599 Peter G. Angelos LAW OFFICES OF PETER G. ANGELOS 100 North Charles Street Baltimore, MD 21202 Phone: (410) 649-2000 Fax: (410) 659-1782 Attorneys for Plaintiffs

GIRARD GIBBS LLP

7
8

9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

1
CERTIFICATION OF INTERESTED ENTITIES OR PERSONS

li

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

E.~~~~~~Al
FEB 17 2012
CLE~~CHAAD W. WJEKING

LAURA MAGUIRE, No. C 12-00807 HRL Plaintiff (s),

NORTHERNg;~T~~STAICTCOU~T

CT OF CALIFORNIA

v.
F ACEBOOK INC, Defendanu s).

ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE AND ADR DEADLINES

IT IS HEREBY ORDERED that this action is assigned to the Honorable Howard R. Lloyd. When serving the complaint or notice of removal, the plaintiff or removing defendant must serve on all other parties a copy of this order , the Notice of Assignment of Case to a United States . Magistrate Judge for Trial, and all other documents specified in Civil Local Rule 4-2. Counsel must comply with the case schedule listed below unless the Court otherwise orders. IT IS FURTHER ORDERED that this action is assigned to the Alternative Dispute Resolution (ADR) Multi-Option Program governed by ADR Local Rule 3. Counsel and clients shall familiarize themselves with that rule and with the material entitled "Dispute Resolution Procedures in the Northern District of California" on the Court ADR Internet site at www.adr.cand.uscourts.gov.Alimited number of printed copies are available from the Clerk's Office for parties in cases not subject to the court's Electronic Case Filing program (ECF). IT IS FURTHER ORDERED that plaintiff or removing defendant serve upon all parties the brochure entitled "Consenting To A Magistrate Judge's Jurisdiction In The Northern District Of California," additional copies of which can be downloaded from the following Internet site: http://www.cand.uscourts.gov.

CASE SCHEDULE
Date Event Complaint filed

-ADR MULTI-OPTION

PROGRAM
Governing Rule

2/1712012 4/10/2012

*Last day to: meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan file ADR Certification signed by Parties and Counsel (form available at http://www.cand.uscourts.gov) • file either Stipulation to ADR Process or Notice of Need for ADR Phone Conference (form available at http://www.cand.uscoUlis.gov)

FRCivP 26(0 & ADR L.RJ-5 Civil L.R. 16-8 (b) & ADR L.R. 3-5(b} Civil L.R. 16-8 ec) & ADR L.R. 3-5(b} & {£l

4/24/2012

Last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement per attached Standing Order re Contents of Joint Case Management Statement (also available at http://www.cand.uscourts.gov)

FRCivP 26(a) (1) Civil L.R. 16-9

5/112012

INITIAL CASE MANAGEMENT CONFERENCE (CMC) in Courtroom 2, 5th Floor SJ at 1 :30 PM

Civil

L.R. 16-10

If the Initial Case Management Conference is continued, the other deadlines are continued accordingly.

*

1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT
FOR. THE NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

6
7 8 9
10

Case No.

STANDING

ORDER REGARDING

.CASE M.A.NAGEMENT IN CIVIL CASES

This order sets forth requirements for initial case management in all civil matters assigned to District Judges Ronald M. Whyte, Lucy H. Koh, and Edward 1. Davila, and Magistrate Judges Howard R. Lloyd and Paul S. Grewal. All papers filed must include the case number of the action followed by the initials

...... J,..(

8·§
.~~ d
...... <E :=:

::;I

11 12
13 14 15

-l:3'D t! Vl
. Vl (l)
d

of the assigned
.
'

district judge or magistrate judge and, if applicable, the

.~

~~ Cl
._.

initials of the magistratejudge

to whom the action is referred for discovery -. or other pretrial activity. .. .

...... ~
.~

Plaintiff shall serve a copy of this Standing Order on aU parties to this action and on all parties subsequently joined; in accordance with Fed.R.Civ.P. 4 and 5. Following service, plaintiff . shall file a certificate of.servi~ein accordance with Civil L.R.5-6(a) ...
All disclosure

"'0
Q) • 1""1

~ .,
-fl

16 17

....

~

.~

18
19

o~discovery disputes in cases assigned to district judges are referred to the

assigned magistrate judge for determination pursuant to Fed.R.Civ.P~ 72(a). Magistrate judges themselves handle disclosure and discovery disputes in the cases assigned to them. Before selecting a hearing date for a motion before arty ofthejudgesoftheSan Jose

20
21 22 23 24
25

Division, counsel must confer with opposing counsel to determine that the proposed hearing date will not cause undue prejudice. . Civil motions under Civil L.R. 7·,2·in cases assigned to Judge Whyte may be noticed for hearing on any Friday

at 9:00

a.m.

26 27 28

Civil motions under Civil L;R. 7-2 in cases assigned to Judge Koh maybe noticedfor hearing only after contacting Judge Koh's Courtroom Deputy, Martha Parker Brown, at
..
.

408-535-5346 and obtaining an available date. Parties must file their notice

of mati on, motion,

,

,

1 memorandum of points and authorities, and proposed order the same day that the parties obtain a 2 3 4 5 6 7 8, 9 10 hearing 'date from Ms. Parker Br~wn or the next business day. Otherwise, parties must obtain a new' hearing date from Ms. Parker Brown. Civil motions under Civil L.R. 7-2 in cases assigned to Judge Daviia may be noticed for hearing only after contacting Judge Davila's Courtroom Deputy, Elizabeth Garcia, at 408-535-5356. Civil motions under Civil L.R. 7-2 in cases assigned to Magistrate Judge Lloyd may be noticed forhearing on any Tuesday at 10:00 a.m. Civil motions under Civil L.R. 7-2 in cases assigned to Magistrate Judge Grewal.may be noticed for hearing on any Tuesday at 2:00 p.m. Pursuant to Fed.RCiv.P, 16 and 26 and Civil L.R. 16-10(a), a Case ManagementConference

11 will be held on

at ----------~------~ ------~--------------, at the United .States

12 .Courtbouse, 280 South First Street, San Jose, California. This conference may be continued only by 13 ,court order pursuant to Civil L.R. 16-2(e). Parties may not stipulate to continue 14' Conference without court approval. 15 16 17 18 Pursuant to Civil L.R. '16-3, in advance of the Case Management Conference, counsel shall confer With their respective clients and opposing counsel for the purposes specified in Fed.R'Civ.P. 26(f), Civil L.R.16-8 and 16-9, and in patent cases, PatentL.R 3-1 through 3-6. A meaningful meet

a Case Management

and confer process prior to the Case Management Conference and good faith compliance with the

19 .requirements of this Order are essential elements of effective case management, Failure to meet and 20 21 22 23 24a 25 26 27 confer, to be prepared for the Case Management Conference or to file a JointCase Management Conference Statement may result in sanctions. Parties may, but are not required, to attend the Case Management Conference.
, '

In all "E-filing" cases when filing papers in connection with any motion for determination by judge, the parties shall, in addition to filing papers electronically, lodge with chambers a printed copy of the papers by the close of the next court day following the, day the papers are filed' electronically. .

These.printed copies shall be marked "Chambers Copy" and shall be submitted to the

Clerk's Office, in an envelope clearly marked with the Judge's name, case numher and"E-~ling 2

28

1 2

Chambers Copy."

Parties shall not file a paper copy of any document with the Clerk's Office that .

has already been filed electronically,

3 4 5

IT IS SO ORDERED. Dated: February 13,2012
~'h?~ Ronald M. Whyte ... . United States District Judge

6
7 8 9

10
11
12

13.

14

15
16

17

·,

18

19
20
21

.1

22 23

I
_I

24
25

26
-I

·1

27 28 SAN JOSE DIVISION STANDING ORDER REGARDING CASE MANAGEMENT IN CIVIL CASES

I

.

.

STANDING

ORDER FOI\·ALL JUDGES OF.CALIFORNIA .

..OF-THE NORTHERNDISTiUcT

CONTENTS OF JOINT CASE MANr\_GEMENT STATEMENT· Commencing JV1)' l,·2011r all judges of th~ Northern District ·ofCalifornia willrequire the identical information in joint Case Management Statements filed pursuant to Civil Local Rule .16-9. The parties must include the followinginformation in theirstatementwhich, except in unusually complex cases, should not exceed ten pages: 1. . Iurisdic.tion and Service: The basis for the court's subject matter jurisdiction over plaintiff'sdaimsanddefendant's counterclaims; whether any issues existregarding personal jurisdiction orvenue, whether any parties remain to be served, and, if any partiesremain to be served, a proposed deadlinefor service. Facts: A brief chronology of the facts and a statement of the principal factual issues in dispute.

2.

3.... Legal Issues: A b~ief statementwithout extendedlegal argument, of the disputed points of law; Including reference to specific statutes and decisions. . . 4. . 5. Motions: All prior andpending . motions . motions" their current status, and any anticipated

.i

Amendment of Pleadings:· The extent to which parties, claims, or clefenses are expected to be added or dismissed and· a proposed deadline {or amending the pleadings. . Evidence Preservation: Steps taken: to-preserve evidence relevant to the issue reasonably •·.evident in this action.Jncludinginterdiction .of any document-destruction pr9gram and any.ongoingerasures of.e-mails, voice malls, and-other electronically recordedmaterial,
. Disclosures:

. 6:

7.

WhethertherehasQee~ full and timely compliance with the initial disclosure requirements of Fed. Reiv. P. 26 and a description of the disclosures.made ..

8.

Discovery: Discovery taken to date, if any, the scope of anticipated discovery, any· prOposed limitations or'modifications of the discovery rules, ~nd a proposed discovery plan pursuant to Fed. R. Civ. P. 26(£).· . Class Actions: Ifa class action-a proposal for howand when the class will be certified.· Related Cases:·Any related casesor proceedings pending before anotherjudge court, or before anothercourtor administrative body. of this

·9.

.. ·10...

11. . Relief: All relief sought through complaint or counterclaim, including the amount of any damages sought and adescription of the bases on which damages are calculated. In addition, any party from whom damages are sought must describe the bases on which it contends damages should be calculated if liability is'established~' 12. Settlement and ADR; Prospects for ~ettlemeilt, ADR efforts to date, and? 'specific ADR plan for the case, including compliance with ADR LR 3-5. and a description of key . · discovery or motions necessary to position the-parties to negotiate a resolution. . Consent to Magistrate fudge For All Purposes: Whether allparties will.consent to have a magistrate judge conductall-further proceedings induding trial and entry of judgment Other References: Whether the case is suitable for reference to binding-arbitration, a' special master, or the Judicial Panel on Multidistrict Litigation. Narrowing of Issues: Issues thatca~ be narrowed .by agreement or·by motion, suggestions to expedite the presentation of evidenceat trial' (e.g., through summaries or stipulated factsj.andany request to' bifurcate issues, claims, or defenses. .
. ..
.

13. 14. 15.

16.' Expedited Trial Procedure: Whether this is the type of case that can be-handled under the Expedited Trial Procedureof General Order No. 64 Attachment A.·If all parties agree,' :they shall instead of this Statement. file an executed Agreement for Expedited Trial and a · Joint 'Expedited Case Management Statement, in accordance. with CeneralOrderNo, 64 Attachments Band D. '17. Scheduling: Proposed' dates for designation of experts, discovery cutoff, hearing of dispositive motions, pretrial conference and tria].· . 18.. Trial: Whether the case .the trial . 19.

will be tried to a jury

or to the.court and the expectedlength .

of

DIsclosure of Non-pa'rty Interested Entities'orPersons: Whether each party has filed the · "Certification of Interested Entities or Persons" .required by-Civil Local.Rule 3-16. In ." . · addition, each PIUty must restate in the case managementstatement the contents of its certification. by identifying any persons, firms, partnerships, corporations {including parent corporations) or 'other entities known by- the party to have eIther: (i) a'financial interest In the subject matter in controversy or in a party to.the proceeding; or (ii) any · .other kind of interest that could be substantially affected by the outcome of the proceeding ..
. '.

20. Such other matters. as may facilitate' the just, speedy andinexpensive . matter.'

disposition of this .

U.S. District Court Northern California
ECF Registration Information Handout

The case you are participating in has been designated for this court's Electronic Case Filing (ECF) Program, pursuant to Local Rule 5-4 and General Order 45. Follow the steps outlined below to begin e-filing:

o

Serve this ECF Registration Information Handout to all parties in the case along with the complaint or removal notice. DO NOT serve the e-filer application form, just this handout.

Each attorney representing a party must:

o Register
o o

to become an e-filer by completing the application form. Follow the instructions carefully. If you are already registered in this district, your registration is valid for life on ECF case filings in this district. DO NOT register again.

Email (DO NOT E-FILE) the complaint or removal notice and all attachments, in PDF
format, within ten (10) business days, following the instructions below. You do not need to wait for your ECF registration to be complete to email the court. Access dockets and documents using your PACER (Public Access to Court Electronic Records) account. If your firm already has a PACER account, please use that account. It is not necessary to have individual PACER accounts for each user in your office. PACER registration is free. To set up an account, visit: http://pacer.psc.uscourts.gov (800) 676·6856. or call

BY SIGNING AND SUBMITTING TO THE COURT A REQUEST FOR AN ECF USER 10 AND PASSWORD, YOU CONSENT TO ENTRY OF YOUR EMAIL ADDRESS INTO THE COURT'S ELECTRONIC SERVICE REGISTRY FOR ELECTRONIC SERVICE ON YOU OF ALL E-FILED PAPERS, PURSUANT TO RULES 77 AND 5(b)(2)(d) OF THE FEDERAL RULES OF CIVIL PROCEDURE.

o All subsequent o Unrepresented

papers submitted by attorneys in this case shall be filed electronically.

litigants must file and serve in paper form, unless prior leave to file electronically is obtained from the assigned judge.

ECF registration forms, interactive tutorials, and complete instructions for e-filing may be found on the ECF website: https:/lecf.cand.uscourts.gov.

Submitting Initiating Documents by Email
PDF versions of all the initiating documents originally submitted to the court (complaint. notice of removal, exhibits, etc.) must be emailed NOT E-FILED to the PDF email box for the presiding judge (not to the referring judge, if there is one) within 10 (ten) business days of opening your case. For a complete list of Judge's email addresses, visit: http://ecf.cand.uscourts.gov and click on Judges. You must include the case number and judge's initials in the subject line of all relevant emails to the court. You do not need to wait for your ECF registration to email these documents. These documents must be ernalled NOT E-FILED to prevent duplicate entries in the ECF system. All other documents from this point forward must be e-flled, You DO NOT need to e-file or email the Summons, or any documents issued by the court at case opening. NOTE: You MUST e-flle the Summons returned.

Converting Documents to PDF
Documents submitted to the court via ECF will only be accepted in a PDF file format Instructions for creating PDF files can be found on the ECF website, visit: http://ecf.cand.uscourts.gov and click on FAQ.

Email Guidelines
When sending an email to the court, the subject line must contain: - Case number - Judge's initials - Type of document(s) you are sending, and/or the topic of the email, The examples below demonstrate subject lines for case number'03-09999 Honorable Charles R. Breyer: Complaint Complaint Complaint before the

Only: 03-09999 CRB Complaint and Notice of Related Case: 03-09999 CRB Complaint, Related Case and Motion for Temporary Restraining Order: 03-09999 CRB Complaint, TRO

Questions
For case-specific questions or for questions on procedure, please contact the Case Systems Administrator for your assigned Judge directly. Visit http://www.cand.uscourts.gov and click on Judges for contact information. Most e-filing questions can be answered online. Visit http://ecf.cand.uscourts.gov and click on FAQ. You may also email ECF Help Desk at ecfhelpdesk@cand:uscourts.gov or call toll-free (866) 638~7829. The ECF Help Desk is available Monday through Friday from 9:00 a.m. to 4:00 p.m. Pacific, excluding court holidays. .

OFFICE OF THE CLERK
RICHARD W. WIEKlNG CLERK

280 SOUTH FIRST STREET SAN JOSE, CA. 95113 408-535-5363

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA District of California, Welcome to the United States District Court for the Northern Clerk's Office, San Jose Division

In addition to the Local Rules, the following guidelines have been provided to ensure that the filing process is accomplished with ease and accuracy. Please help us to assist in making your visit to the u.s. District Court Clerk's Office productive and worthwhile. 1. Whim submitting a Proof of Service that is not attached to the back of a document, you must attach a cover sheet showing case caption and number in accordance with the Local Rules. Appropriate sized self-addressed envelopes are to be included with proposed orders or when filing documents by mail. In order to facilitate the file stamping process, original documents should be submitted on top of their . copies. In other words, group like or corresponding documents together. This office will retain the ORIGINAL plus ONE COpy of most documents conform as many copies as you bring (within reason) for your use. submitted. We will

2.

3.

4.

5.

The copies retained go directly to the assigned judge or magistrate judge. Courtesy copies, or instructions for couriers to delivery a copy directly to chambers are inappropriate unless you have been instructed to do so by court order. The document caption should include the appropriate judge or magistrate judge who is involved in that particular matter or before whom an appearance is being made. The case number must include the initials of the judge and magistrate judge as well as the initials designating the case to Early Neutral Evaluation (ENE) or Arbitration (ARB). The case number must include whether it is a civil or criminal matter by the inclusion of a "C" or "CR" at the beginning of the number. Documents must be stapled and/or ACCO fastened at the top. NO BINDER CLIPS OR RUBBER BANDS PLEASE. Two holes-punched at the top of bulky or thick documents at the top of pages will facilitate processing. For information regarding San Jose judges' criminal and civil law and motion, trial, settlement, case management, and hearing schedules, please visit the court's websiteat www.cand.uscourts.gov.

6.

7.

8.

9.

10. 11.

Rev. 5/3/11

1 2 3 4 5 6 7 8 9 10
~ ~ ~

IN THE UNITED STATES DISTIUCT COURT NORTHERN DISTRICT OF CALIFORNIA

NOTICE OF ASSIGNMENT OF CASE TO A UNITED STATES MAGISTRATE JUDGE FOR TRIAL Pursuant to General Order 44, the Assignment Plan of the United States District Court for the Northern District of California, this case has been randomly assigned to Magistrate Judge Howard R. Lloyd. Pursuant to Title 28 U.S. C. § 636(c), with written consent of all parties, a magistrate judge may conduct all proceedings in the case. Attached is a form to complete if you consent to proceed before the assigned magistrate judge and a form to complete if you decline to proceed before the assigned magistrate judge. Electronic versions of both forms are also available at the Court's Internet site: http://www.cand.uscourts.gov.Click on Forms-Civil. A party is free to withhold

0 '" U '8

~u ~~ ..~ 0

._
_
(IJ

=

11

12 13 14 15 16 17

u~
4-<

<8

(J

Q
Q,)

'~

.Q,)

._ ~ ~ = P
0)

~ .c ~0 ~ t:: rJJ z
0)

Q E

"'0

.,g

<-< 0

consent without adverse consequences. If a party declines to consent, the case will be randomly reassigned to a district judge and a case management conference will be scheduled on the district judge's calendar as close as possible to the date presently scheduled before the magistrate judge. You must file your consent or declination by the deadline for filing the initial case management statement. The plaintiff or removing party shall serve a copy of this notice and all attachments upon all other parties in the action pursuant to Federal Rules of Civil Procedure 4 and 5.

18
19 20 21 22 23 24 25 26 27 28

FOR THE COURT, RICHARD W. WIEKING, CLERK

By: Deputy Clerk

1

2 3 4 5 6 7 8 9 10 11
12 13 Defendant(s). v. No. C UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Plaintiff] s),

CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE

14
15 16 17 18 19

~--~--------------~------~I
CONSENT TO PROCEED BEFORE A UNITED STATES MAGISTRATEmDGE In accordance with the provisions of Title 28, U.S.C. Section 636(c), the undersigned party hereby voluntarily consents to have a United States Magistrate Judge conduct any and all further proceedings in the case, including trial, and order the entry of a final judgment. Appeal from the judgment shall be taken directly to the United States Court of Appeals for the Ninth Circuit.

20
21 Dated:

~--~------------~

22

Signature Counsel for -r>____,,----:-----;---;-;.----,------..----;~ (Plaintiff, Defendant or indicate "pro se")

23
24

25 26
27

28

1 2 3
4

5 6 7 8 9 10
11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

12
13

No.C Plaintiff( s), DECLINATION TO PROCEED BEFORE A MAGISTRATE JUDGE AND REQUEST FOR REASSIGNMENT TO A UNITED STATES DISTRICT JUDGE
/

14 15 16 17
18

v.

Defendant(s).

----------------------~----

REQUEST FOR REASSIGNMENT TO A UNITED STATES DISTRICT JUDGE The undersigned party hereby declines to consent to the assignment of this case to a United States Magistrate Judge for trial and disposition and hereby requests the reassignment of this case to a United States District Judge,

19

20
21 22

23

Dated: ~------------~---

Signature

_

24
25
26

Counsel for ~-.~--~~~--~=(Plaintiff, Defendant, or indicate "pro se")

27

28

COU·rt. iqame! U.S, Vistdct
D1Vl sion: j

Cmn't

j

r.illCA

hansaction Dat£': 02/21iE012
PaYI!:r j'!ame: yi·i'aT·d ~ibbs lip

ReCBiot Humb~r: 34611070751 Cashier ID: 'W1'ink", CIVIL FlLING FEE

For: lauN mauLil'ie Case/P il'tty ~ D=.:cflN-5-12-ClJ-000e07-001 Ap.\Dlmti· $35@. @0

PAPER CHECK CG~jV£RSION Checkiflm1&1' urde'r NU11l~ 1'1%"1

Amt Tendered: $350.00

Tohl Due:
Ch<li1~e Amti
hd

Total Tend Erred:

subject to col Iscriens and full crea it will onl j Di: 9 i"en IIIhen th<l check or dnft has De!?n <'1cc!?Dted by the fini'lndal institLltioll en' \~hich

Clwd:s ;,;.nddrafts

are aecepted

it was drawn.

-"."

...

Sign up to vote on this title
UsefulNot useful