Court filing
Declaration — In re Plaid Inc. Privacy Litigation (Dkt. 55-1, N.D. Cal. No. 4:20-cv-03056)
Filed May 4, 2020 in In re Plaid Inc. Privacy Litigation; one of 174 filings from this case.
Record facts
| Court | U.S. District Court for the Northern District of California |
|---|---|
| Filed | 2020-05-04 |
U.S. District Court for the Northern District of California · No. 4:20-cv-03056-DMR · Doc. 55-1 · 2020-05-04 · Docket on CourtListener
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DECLARATION OF ETHAN D. DETTMER IN SUPPORT OF DEFENDANT PLAID INC.’S RESPONSE TO
COTTLE PLAINTIFFS’ ADMINISTRATIVE MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE
CASE NO. 4:20-CV-03056-DMR
Gibson, Dunn &
Crutcher LLP
GIBSON DUNN & CRUTCHER LLP
ETHAN D. DETTMER, SBN 196046
edettmer@gibsondunn.com
ABIGAIL A. BARRERA, SBN 301746
abarrera@gibsondunn.com
ASHLEY J. HODGE, SBN 287653
ahodge@gibsondunn.com
ANTHONY D. BEDEL, SBN 324065
tbedel@gibsondunn.com
555 Mission Street, Suite 3000
San Francisco, CA 94105
Telephone: 415.393.8200
Facsimile: 415.393.8306
GIBSON, DUNN & CRUTCHER LLP
ALEXANDER H. SOUTHWELL (pro hac vice)
asouthwell@gibsondunn.com
200 Park Avenue, 48th Floor
New York, NY 10166
Telephone: 212.351.4000
Facsimile: 212.351.4035
Attorneys for Defendant PLAID INC.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
JAMES COTTLE, et al.,
Plaintiffs,
v.
PLAID INC.,
Defendant.
CASE NO. 4:20-cv-03056-DMR
DECLARATION OF ETHAN D. DETTMER
IN SUPPORT OF DEFENDANT PLAID
INC.’S RESPONSE TO COTTLE
PLAINTIFFS’ ADMINISTRATIVE MOTION
TO CONTINUE CASE MANAGEMENT
CONFERENCE
Hon. Donna M. Ryu
Action Filed:
May 4, 2020
Trial Date:
None Set
Case 4:20-cv-03056-DMR Document 55-1 Filed 07/28/20 Page 1 of 3
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1
DECLARATION OF ETHAN D. DETTMER IN SUPPORT OF DEFENDANT PLAID INC.’S RESPONSE TO
COTTLE PLAINTIFFS’ ADMINISTRATIVE MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE
CASE NO. 4:20-CV-03056-DMR
Gibson, Dunn &
Crutcher LLP
I, Ethan D. Dettmer, declare and state as follows:
1.
I am an attorney duly licensed to practice law before all courts of the State of California,
and I am a member of the Bar of this Court. I am a partner with the law firm of Gibson, Dunn &
Crutcher LLP, counsel for defendant Plaid Inc. (“Plaid”) in this case. I make this declaration in support
of Plaid’s Response to the Cottle Plaintiffs’ Administrative Motion to Continue Case Management
Conference. I have personal knowledge of the matters stated herein and, if called to do so, I could and
would competently testify about them.
2.
The Cottle Plaintiffs filed their Complaint on May 4, 2020. ECF No. 1. On May 5,
2020, the Court scheduled the Initial CMC for August 5, 2020. ECF No. 10.
3.
On May 21, 2020, I filed my notice of appearance in this matter and called counsel for
the Cottle Plaintiffs, Shawn Kennedy, to discuss Plaid’s forthcoming response to the Complaint.
Through several additional emails and phone calls, we agreed upon a Stipulation Extending Time to
Respond to Complaint and Setting Briefing Schedule (ECF No. 35), which set Plaid’s deadline to
respond to Plaintiffs’ Complaint as July 22, 2020.
4.
After that stipulation was filed, three related lawsuits were filed: Mitchell v. Plaid Inc.,
3:20-cv-04230-SK (filed June 25, 2020), Curtis, et al. v. Plaid Inc., 4:20-cv-04344-DMR (filed June
29, 2020), and Anderson, et al. v. Plaid Inc., 3:20-cv-04480-JSC (filed July 7, 2020).
5.
In response, I worked with Mr. Kennedy and counsel for the plaintiffs in each of those
cases to ensure that these plaintiffs each filed motions to relate in the Cottle docket. Plaid filed motions
supporting each motion to relate, and I worked further with Mr. Kennedy to draft a new stipulation in
light of the new complaints and allegations.
6.
On July 17, 2020, the parties to this action joined with all parties in the Mitchell, Curtis,
and Anderson matters to file a new stipulation requesting that the Court consolidate those actions under
Federal Rule of Civil Procedure 42(a) (the “Stipulation”). ECF. No. 51. The Stipulation provides: a
structure for Plaintiffs’ lawyers to organize and interact with counsel for Plaid; that Plaintiffs will file
a consolidated amended complaint one week after entry of the stipulation; and that Plaid will respond
to that Consolidated Amended Complaint 40 days after it is filed. The stipulation also sets a briefing
schedule for Plaid’s anticipated motion to dismiss.
Case 4:20-cv-03056-DMR Document 55-1 Filed 07/28/20 Page 2 of 3
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DECLARATION OF ETHAN D. DETTMER IN SUPPORT OF DEFENDANT PLAID INC.’S RESPONSE TO
COTTLE PLAINTIFFS’ ADMINISTRATIVE MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE
CASE NO. 4:20-CV-03056-DMR
Gibson, Dunn &
Crutcher LLP
7.
On July 17, 2020, another related lawsuit was filed, making virtually identical claims:
Evans, et al. v. Plaid Inc., 3:20-cv-04804-JSC.
8.
On July 24, 2020, a week after the Stipulation was filed, Mr. Kennedy sent an email
requesting that we work together to file a new joint administrative motion or stipulation to outline the
procedural status, and request that the Court grant the Stipulation and set a new case management
conference (“CMC”) 30 days after ruling on the Stipulation. I responded that we would discuss with
our client and get back to him. Attached hereto as Exhibit A is a true and correct copy of my email
correspondence with Shawn Kennedy on July 24, 2020 and July 27, 2020.
9.
On July 27, 2020, Mr. Kennedy replied to my email and requested an update. I
responded that Plaid would agree to “a further stipulation regarding consolidation and scheduling,” but
I stated that Plaid’s position was “that efficiency will be much better served for the parties and the
Court if the CMC is pushed back to after the ruling on the motion to dismiss,” and that the stipulation
would “need to make that clear.” I requested that Mr. Kennedy “[p]lease let me know if [he]’d like to
discuss.”
10.
I did not receive any further communication from Mr. Kennedy before Plaintiffs filed
their motion.
I declare under penalty of perjury under the laws of the United States that the foregoing is true
and correct, and that this declaration was executed at San Anselmo, California on this 28th day of July,
2020.
/s/ Ethan D. Dettmer
Ethan D. Dettmer
Case 4:20-cv-03056-DMR Document 55-1 Filed 07/28/20 Page 3 of 3File and source
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