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

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


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 parties and filed with the Court no later than San Mateo; 4

WHEREAS, on June 21, 2012, motions to stay each of the Removed Actions were filed on

WHEREAS, on June 29, 2012, the Removed Actions were deemed related to actions pending

WHEREAS, pursuant to the order reassigning each of the Removed Actions to this Court, all

WHEREAS, the Court's ECF filing system was inoperable and the parties were unable to re-

WHEREAS, the re-notice of the motions to stay on behalf of defendants were physically

WHEREAS, plaintiffs' counsel, after contacting the Clerk's office when the ECF filing Actions should be briefed and heard on the same schedule; and 24

NOW THEREFORE THE PARTIES STIPULATE AND AGREE that:

All briefing in response to either the motions to remand the Removed Actions or the Motions July 10, 2012; plaintiffs shall file a single brief and defendants shall collectively file a single brief; 2

All reply briefs in support of the motions to remand the Removed Actions or the motions to 3 stay the Removed Actions should be served on the parties and filed with the Court no later than July 4 18, 2012; plaintiffs shall file a single brief and defendants shall collectively file a single brief; and 5

In each of the Removed Actions, the parties will file amended notices of the motions to 6 remand and amended notices of the motions to stay setting August 10, 2012 at 9:00 A.M. as the 7 hearing date for said motions. 8

PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED.

HONORABLE MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE


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