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Michael Lieber, Individually, and On Behalf of v. Facebook

July 6, 2012

MICHAEL LIEBER, INDIVIDUALLY, AND ON BEHALF OF
OTHER MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED,
PLAINTIFF,
v.
FACEBOOK, INC.; MARK ZUCKERBURG (SIC);
DONALD E. GRAHAM; DAVID A. EBERSMAN;
JAMES W. BREYER; DAVID M. SPILLANE; CTRM: 7, 19TH FLOOR PETER A. THIEL; MARC L. ANDREESSEN;
REED HASTINGS; ERSKINE B. BOWLES; MORGAN STANLEY & CO. LLC; J.P. MORGAN
SECURITIES LLC; GOLDMAN, SACHS & CO; MERRILL LYNCH; E*TRADE SECURITIES LLC; OPPENHEIMER & CO., INC.; BARCLAYS CAPITAL INC.; CITIGROUP GLOBAL MARKETS INC.; CREDIT SUISSE SECURITIES (USA) LLC; PIERCE, FENNER & SMITH
INCORPORATED; ALLEN & FACEBOOK (SIC) LLC; DEUTSCHE BANK SECURITIES INC.;
RBC CAPITAL MARKETS, LLC; MURIEL SIEBERT & CO., INC.; CABRERA CAPITAL MARKETS, LLC; BMO CAPITAL MARKETS CORP.; CASTLEOAK SECURITIES, L.P.; LAZARD CAPITAL MARKETS LLC; PACIFIC CREST SECURITIES LLC; LOOP CAPITAL MARKETS LLC; ITAU BBA USA SECURITIES, INC.; WILLIAM BLAIR & FACEBOOK (SIC),
L.L.C.; BLAYLOCK ROBERT VAN LLC; LEBENTHAL & CO. LLC; M.R. BEAL & FACEBOOK (SIC); MACQUARIE CAPITAL (USA) INC.; PIPER JAFFRAY & CO.; COWEN AND FACEBOOK (SIC), LLC; RAYMOND
JAMES & ASSOCIATES, INC.; STIFEL, NICOLAUS & FACEBOOK (SIC),
INCORPORATED; C.L. KING & ASSOCIATES, INC.; SAMUEL A. RAMIREZ & FACEBOOK
(SIC), INC.; COWEN & FACEBOOK (SIC), LLC; THE WILLIAMS CAPITAL GROUP, L.P.; AND
DOES 1 THROUGH 100, INCLUSIVE,
DEFENDANTS.



The opinion of the court was delivered by: Judge: The Hon. Maxine M. Chesney

James F. Basile (SBN 228965) james.basile@kirkland.com 2 Elizabeth L. Deeley (SBN 230798) elizabeth.deeley@kirkland.com 3 KIRKLAND & ELLIS LLP 555 California Street 4 San Francisco, California 94104 Telephone: (415) 439-1400 5 Facsimile: (415) 439-1500 6 Attorneys for Defendants FACEBOOK, INC.; MARK ZUCKERBERG; DONALD 7 E. GRAHAM; DAVID A. EBERSMAN; JAMES W. BREYER; DAVID M. SPILLANE; PETER A. THIEL; 8 MARC L. ANDREESSEN; REED HASTINGS; and ERSKINE B. BOWLES 9 10

CLASS ACTION

STIPULATION REGARDING SCHEDULING AND ORDER THEREON

DATE: August 3, 2012 TIME: 9:00 a.m.

WHEREAS, on June 20, 2012, certain defendants removed the following actions from the Superior Court for the State of California for the County of San Mateo to the United States District 10 Court for the Northern District of California (the "Removed Actions"):*fn1 11 Lapin v. Facebook, Inc., et al., Case No. 12-cv-3195-MMC, San Mateo County Superior Court, No. CIV-514240;

DeMois v. Facebook, Inc., et al., Case No. 12-cv-3196-MMC, San Mateo County Superior Court, No. CIV514163;

Lazar v. Facebook, Inc., et al., Case No. 12-cv-3199-MMC, San Mateo County Superior Court, No. CIV 514065;

Shierry v. Facebook, Inc., et al., Case No. 12-cv-3200-MMC, San Mateo County Superior Court, No. CIV-514172;

Cuker v. Facebook, Inc., et al., Case No. 12-cv-3201-MMC, San Mateo County Superior Court No. CIV 514238;

Lieber v. Facebook, Inc., et al., Case No. 12-cv-3202-MMC, San Mateo County Superior Court No. CIV-514193; and Stokes v. Facebook, Inc., et al., Case No. 12-cv-3203-MMC, San Mateo County Superior Court, No. CIV514107;

WHEREAS, prior to the removal to the United States District Court for the Northern District 24 of California, the Removed Actions were consolidated by order of the Honorable Beth L. Freeman, 25 Presiding Judge of the Superior Court of the State of California for the County of San Mateo and co-26 lead counsel for the Removed Actions were appointed by Order of the Honorable Marie S. Weiner, 2 Complex Civil Litigation Judge of the Superior Court of the State of California for the County of 3

WHEREAS, on June 21, 2012 and June 22, 2012, plaintiffs filed motions to remand each of 5 the Removed Actions to the Superior Court for the State of California for the County of San Mateo; 6 7 behalf of defendants; 8 9 before this Court and were subsequently transferred to this Court; 10 11 hearing dates on outstanding motions were vacated and the parties were ordered to re-notice said 12 hearings; 13 14 notice these hearings by electronic filings on Thursday, June 28, 2012 or Friday, June 29, 2012; 15 16 filed on June 29, 2012 and were accepted by the Court; 17 18 system was inoperable and being advised that a physically refiled motion would be rejected because 19 these actions are designated for electronic filing only, and, therefore, plaintiffs physically filed their 20 re-noticed motions to remand on the next business day, Monday, July 2, 2012; 21

WHEREAS, the parties hereto agree that in the interest of judicial economy, plaintiffs' 22 motions to remand the Removed Actions and motions on behalf of defendants to stay the Removed 23

WHEREAS, the parties hereto wish to have the motions to stay and the motions to remand 25 the Removed Actions heard on the same date, that date being August 10, 2012. 26 28 to Stay the Removed Actions should be served on the ...


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