Chd v. Facebook Et Al
- Date
- 2020-09-24
Summary
Exhibit D, filed September 24, 2020 as Document 43-8 in Case 3:20-cv-05787-SI, is a chain of emails between counsel in CHD v. Facebook, et al., dated September 4 through September 9, 2020. Plaintiff's counsel Roger Teich and WilmerHale counsel Sonal Mehta and Ari Holtzblatt discuss stipulations extending the defendants' deadline to respond to the complaint to October 23, 2020, with opposition to any motion to dismiss due December 7, 2020 and replies due January 7, 2021. Plaintiff's counsel declines to continue the November 20, 2020 case management conference and raises ESI retention protocols and amended Section 3.2 of Facebook's Terms of Service. In the final message, defense counsel states that no agreement was reached to calendar an ESI call and that such a call is premature before the CMC.
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Case 3:20-cv-05787-SI Document 43-8 Filed 09/24/20 Page 1 of 6
Exhibit D
Case 3:20-cv-05787-SI Document 43-8 Filed 09/24/20 Page 2 of 6
From: Holtzblatt, Ari
To: rteich@juno.com
Cc: Mehta, Sonal; clocicero@tlolawfirm.com; kvick@jassyvick.com; mary.holland@childrenshealthdefense.org;
Jennings, Molly; Schultz, Allison
Subject: RE: CHD v. Facebook, et al.
Date: Wednesday, September 9, 2020 5:06:55 PM
Roger,
We will put the stipulations on file and I will get back to you on your requests that we accept
service. I will also get back to you about the two phone conversations that you have asked to
schedule once I speak to my client about them. However, I must correct one item in your email,
which does not accurately summarize our call. We did not agree to calendar a call regarding ESI-
retention protocols at this time. As I told you, before agreeing to schedule any such call, we will
need to confer with our client. As I also explained, my preliminary view is that such a call is
premature so far in advance of the CMC conference. And, of course, not every defendant has even
been served at this point. In my experience, any meet-and-confer regarding CMC topics is ordinarily
held two weeks or so before the CMC statement is due to be filed (which, in this case, is November
13, for the November 20 conference).
Regards,
Ari Holtzblatt | WilmerHale
1875 Pennsylvania Avenue NW
Washington, DC 20006 USA
+1 202 663 6964 (t)
+1 202 663 6363 (f)
ari.holtzblatt@wilmerhale.com
Please consider the environment before printing this email.
This email message and any attachments are being sent by Wilmer Cutler Pickering Hale and Dorr LLP, are confidential, and may be
privileged. If you are not the intended recipient, please notify us immediately—by replying to this message or by sending an email to
postmaster@wilmerhale.com—and destroy all copies of this message and any attachments. Thank you.
For more information about WilmerHale, please visit us at http://www.wilmerhale.com.
From: rteich@juno.com <rteich@juno.com>
Sent: Wednesday, September 9, 2020 4:14 PM
To: Holtzblatt, Ari <Ari.Holtzblatt@wilmerhale.com>
Cc: Mehta, Sonal <Sonal.Mehta@wilmerhale.com>; clocicero@tlolawfirm.com;
kvick@jassyvick.com; mary.holland@childrenshealthdefense.org; Jennings, Molly
<Molly.Jennings@wilmerhale.com>; Schultz, Allison <Allison.Schultz@wilmerhale.com>
Subject: RE: CHD v. Facebook, et al.
EXTERNAL SENDER
Case 3:20-cv-05787-SI Document 43-8 Filed 09/24/20 Page 3 of 6
Ari,
You have my consent to file these two Stipulations and [Proposed] Order.
Separately, I ask you to confirm whether Wilmer Hale will or will not accept
service of the Complaint and Summons (and related documents) on behalf
of your client Mark Zuckerberg.
Also, I ask all counsel to confirm whether your will or will not accept
electronic service of the attached Order reassigning the case to Judge Illston
(Dkt #14), and Order re Initial Case Management Conference (Dkt #15),
thus obviating the need and expense of separate service.
Earlier I suggested a follow-up phone conference for next Wednesday,
September 16, at 11:30am PT to discuss amended Section 3.2, and we agreed
to calendar a separate call with Poynter/Politifact counsel to discuss (at
least initially) the appropriate ESI-retention protocols for this case.
Please confirm the September 16 phone call or suggest another day/time
you would prefer for the Section 3.2 discussion, and another day/time for
the initial ESI-related discussion.
I have outlined why I believe both these discussions should be held before
October 1, and I would appreciate hearing your views on scheduling these
initial discussions.
Sincerely,
Roger Teich
---------- Original Message ----------
From: "Holtzblatt, Ari" <Ari.Holtzblatt@wilmerhale.com>
To: "rteich@juno.com" <rteich@juno.com>, "Mehta, Sonal" <Sonal.Mehta@wilmerhale.com>
Cc: "clocicero@tlolawfirm.com" <clocicero@tlolawfirm.com>, "kvick@jassyvick.com"
<kvick@jassyvick.com>, "mary.holland@childrenshealthdefense.org"
<mary.holland@childrenshealthdefense.org>, "Jennings, Molly" <Molly.Jennings@wilmerhale.com>,
"Schultz, Allison" <Allison.Schultz@wilmerhale.com>
Subject: RE: CHD v. Facebook, et al.
Case 3:20-cv-05787-SI Document 43-8 Filed 09/24/20 Page 4 of 6
Date: Wed, 9 Sep 2020 19:27:34 +0000
Roger,
Attached are revised versions of the two stipulations and the proposed order, along with redlines
against the versions that you sent us. Please confirm that we can attest to your signature on the two
stipulations.
Regards,
Ari
From: rteich@juno.com <rteich@juno.com>
Sent: Wednesday, September 9, 2020 12:23 PM
To: Mehta, Sonal <Sonal.Mehta@wilmerhale.com>
Cc: clocicero@tlolawfirm.com; kvick@jassyvick.com; mary.holland@childrenshealthdefense.org;
Holtzblatt, Ari <Ari.Holtzblatt@wilmerhale.com>; Jennings, Molly
<Molly.Jennings@wilmerhale.com>; Schultz, Allison <Allison.Schultz@wilmerhale.com>
Subject: RE: CHD v. Facebook, et al.
EXTERNAL SENDER
Sonal,
Attached, our revisions in Track Changes to the two Stipulations,
[Proposed] Order, and your declaration. You have our consent to file these
pleadings only as revised.
I look forward to working with you, too. In normal times, it would still be
difficult to file jointly the same day if we receive the drafts at or after the
close of business eastern time where Children's Health Defense and its
general counsel are located. And, these are not normal times. I'm in
Mendocino County right now.
We will not agree to continue the November 20, 2020 case management
conference at this time. In particular, we have concerns about ESI retention
and protocols in this case for which the Local Rules contemplate a specific
meet and confer, and stipulation.
We also believe that such stipulation should commit your clients not to
apply amended Section 3.2 of Facebook's Terms of Service (effective October
1, 2020) to Children's Health Defense during the pendency of this litigation,
for reasons we can discuss at the ESI-meet and confer.
I look forward to discussing this matter with you at 11:30am today.
Case 3:20-cv-05787-SI Document 43-8 Filed 09/24/20 Page 5 of 6
best,
Roger Teich
---------- Original Message ----------
From: "Mehta, Sonal" <Sonal.Mehta@wilmerhale.com>
To: "rteich@juno.com" <rteich@juno.com>, "clocicero@tlolawfirm.com"
<clocicero@tlolawfirm.com>
Cc: "kvick@jassyvick.com" <kvick@jassyvick.com>, "mary.holland@childrenshealthdefense.org"
<mary.holland@childrenshealthdefense.org>, "Holtzblatt, Ari" <Ari.Holtzblatt@wilmerhale.com>,
"Jennings, Molly" <Molly.Jennings@wilmerhale.com>, "Schultz, Allison"
<Allison.Schultz@wilmerhale.com>
Subject: RE: CHD v. Facebook, et al.
Date: Tue, 8 Sep 2020 22:23:12 +0000
Roger,
Attached, please find the stipulations we discussed last Friday, extending the deadline responses to
the complaint to October 23, and setting a further briefing schedule including a deadline of January
7, 2021, for defendants’ replies. (The local rules treat motions for extensions of time to respond to a
complaint differently from other extensions, so we have to file two separate stipulations). We would
like to get these on file today and appreciate your confirmation that we have permission to sign for
you.
Also, given that the motion(s) to dismiss won’t be fully briefed until January 2021, we have proposed
including a stipulation continuing the November 20 case management conference for the time
being.
We can join a call for 30 minutes at 11:30 am PT tomorrow. Speak with you then.
Best,
Sonal N. Mehta | WilmerHale
950 Page Mill Road
Palo Alto, CA 94304 USA
+1 650 600 5051 (t)
+1 650 858 6100 (f)
sonal.mehta@wilmerhale.com
From: rteich@juno.com <rteich@juno.com>
Sent: Friday, September 4, 2020 2:01 PM
To: clocicero@tlolawfirm.com
Cc: kvick@jassyvick.com; mary.holland@childrenshealthdefense.org; Mehta, Sonal
<Sonal.Mehta@wilmerhale.com>
Case 3:20-cv-05787-SI Document 43-8 Filed 09/24/20 Page 6 of 6
Subject: RE: CHD v. Facebook, et al.
EXTERNAL SENDER
Hi All,
This will memorialize our phone call just now in which we agreed to a
schedule in which (1) your client defendants will file responses to the
Complaint by Friday, October 23, 2020; and (2) plaintiff will file its
opposition to any motion to dismiss by Monday, December 7, 2020, subject
to plaintiff's good cause for any further extension.
For our part, this agreement assumes that Sonal will also be representing
Mark Zuckerberg individually, and that his response and plaintiff's
responsive pleading (if any) will be governed by the stipulation. Please
confirm at your early convenience.
We think it would be useful to hold another conference call next week to
discuss a few early case management issues which are likely to arise. There
is also a separate issue concerning Facebook only which we wish to take up
with Sonal , perhaps at the end of the call.
How is Wednesday, September 9, at 11:30am PT/ 2:30 pm ET for a (no more
than) 30-minute discussion?
Here is dial-in we can use --
Dial-In Number: 515-603-3171
Access Code: 1045032#
Sincerely,
Roger Teich
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