Court filing
Declaration of E. Dettmer in Support of Administrative Motion to Continue — In re Plaid Inc. Privacy Litigation (Dkt. 83-1, 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. 83-1 · 2020-05-04 · Docket on CourtListener
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DECLARATION OF ETHAN D. DETTMER IN SUPPORT OF DEFENDANT PLAID INC.’S 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
IN RE PLAID INC. PRIVACY LITIGATION
______________________________________
THIS DOCUMENT RELATES TO:
ALL ACTIONS
Master Docket No. 4:20-cv-03056-DMR
DECLARATION OF ETHAN D. DETTMER
IN SUPPORT OF DEFENDANT PLAID
INC.’S 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 83-1 Filed 09/14/20 Page 1 of 4
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DECLARATION OF ETHAN D. DETTMER IN SUPPORT OF DEFENDANT PLAID INC.’S 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 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 Case Management Conference for August 5, 2020. ECF No. 10.
3.
On May 21, 2020, I 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 negotiate 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 provided: 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 set a briefing schedule for Plaid’s anticipated motion to dismiss.
Case 4:20-cv-03056-DMR Document 83-1 Filed 09/14/20 Page 2 of 4
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DECLARATION OF ETHAN D. DETTMER IN SUPPORT OF DEFENDANT PLAID INC.’S 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.
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.” I did not hear back from Mr. Kennedy until he filed an administrative motion to continue
the CMC.
10.
On July 27, 2020, the Plaintiffs filed an administrative motion to continue the CMC.
ECF No. 54.
11.
On July 28, 2020, Plaid filed its response to Plaintiffs’ motion to continue the CMC,
which advocated for the matter to be heard after the pleadings were settled to promote economy for
the Court and the Parties. ECF No. 55.
12.
On July 29, 2020, the Court granted the Plaintiffs’ motion to continue the CMC but
extended the deadline beyond Plaintiffs’ requested date and noted that it “may further continue this
date as appropriate based on Defendant’s response to the Consolidated Amended Complaint.” ECF
No. 58 at 1.
13.
On September 11, 2020, in light of the Court’s indication that it may further continue
the CMC and the Defendant’s forthcoming Motion to Dismiss, I called Mr. Kennedy to attempt to
obtain a stipulation to continue the CMC to a date after the Court’s resolution of the pleadings. Mr.
Kennedy and I discussed potential compromises, and indicated that we would discuss further with
one another after we had discussed with our respective teams.
Case 4:20-cv-03056-DMR Document 83-1 Filed 09/14/20 Page 3 of 4
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DECLARATION OF ETHAN D. DETTMER IN SUPPORT OF DEFENDANT PLAID INC.’S ADMINISTRATIVE
MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE - CASE NO. 4:20-CV-03056-DMR
Gibson, Dunn &
Crutcher LLP
14.
On Monday, September 14, 2020 I called Mr. Kennedy and left him a message
following up on our earlier conversation. Mr. Kennedy later returned my call, stating that Plaintiffs
would not agree to continue the CMC, and that Plaintiffs believed the CMC and discovery should
continue on the current schedule.
15.
On September 14, 2020, Defendant filed its Motion to Dismiss. ECF No. 78.
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 14th day of
September, 2020.
/s/ Ethan D. Dettmer
Ethan D. Dettmer
Case 4:20-cv-03056-DMR Document 83-1 Filed 09/14/20 Page 4 of 4File and source
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