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What This Document Is
Exhibit A to the Mehta declaration (Doc. 82-1): a 4-page excerpt of the Planet Depos court-reporter transcript of the parties' March 10, 2021 meet-and-confer in CHD v. Facebook, Inc., et al. (N.D. Cal.), filed March 22, 2021 in support of Facebook's opposition to CHD's Rule 15(d) motion to supplement (Doc. 82). The excerpt covers the exchange about Robert F. Kennedy, Jr.'s Instagram takedown and his contemplated separate lawsuit (the excerpt's internal pagination shows page 18).
Factual Summary
In the excerpt, CHD counsel Roger Teich puts a chronology on the record: CHD wrote Sonal Mehta on February 24, 2021 "regarding Mr. Kennedy's Instagram take down of February 10th," conveying "Mr. Kennedy's offer to not escalate this dispute farther by having that matter heard by Facebook's oversight board," and requested a substantive response within 48 hours (by February 26) because of various deadlines including the Oversight Board's. On the evening of February 26, Teich received "a one-sentence email response" from Mehta saying she could not respond and needed to consult with the client, followed by "no further communication now ten days or more." Teich states: "So we have indicated in the case management statement that, assuming Facebook is not willing to have that matter heard by its oversight board, Mr. Kennedy anticipates filing an original action and moving to consolidate under Rule 42," which "would affect -- or might affect the trial estimate." Mary Holland interjects that the Oversight Board issue "may relate to the trial." Mehta responds that she will not "do a timeline on the phone," that "the emails and the letters and everything are all in the record," that Facebook is "looking into it and we'll get back to you," and that she cannot respond on the trial point until she sees what CHD intends. The transcript is branded Planet Depos ("Transcript of Meet and Confer, Date: March 10, 2021").
Key Facts
- Certified transcript excerpt of the March 10, 2021 meet-and-confer, filed 2021-03-22 as the evidentiary basis for Facebook's statement that Kennedy planned separate litigation over the Instagram removal.
- Documents Kennedy's February 24, 2021 offer to route the Instagram dispute to Facebook's Oversight Board instead of escalating, and Facebook's non-response beyond a one-sentence February 26 email.
- Records CHD's stated plan: if Facebook declined Oversight Board review, Kennedy "anticipates filing an original action and moving to consolidate under Rule 42" with this case.
- Cited in Doc. 82 at 2 n.1 ("Ex. A at 18:14-15").
Source Caveats
- This is an excerpt, not the full transcript: the filed pages cover only the Kennedy/Oversight Board exchange (internal transcript page 18 and surrounding lines); the rest of the March 10 meet-and-confer is not in the record here.
- Date
- 2021-03-22
Full text
Exhibit A
Case 3:20-cv-05787-SI Document 82-2 Filed 03/22/21 Page 1 of 4
Transcript of Meet and Confer
Date: March 10, 2021
Case: Children Health Defense (CHD) -v- Facebook, Inc.
Planet Depos
Phone: 888.433.3767
Email:: transcripts@planetdepos.com
www.planetdepos.com
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Case 3:20-cv-05787-SI Document 82-2 Filed 03/22/21 Page 2 of 4
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about the oversight board related to Mr. Kennedy's
Instagram issue, which is not part of the complaint in
this case.
As I told you in my response to
correspondence, I am working with the client to look
into and investigate the specific questions that you
raised in that correspondence. And as soon as I get
the information from the client that I need, and
they're able to vet those questions, we'll get back to
you.
It is under way. I've been working actively
with the client to get to the bottom of that, and we'll
get you an answer. But I don't see how that would
relate to the trial question or any of the other
questions in this case.
MS. HOLLAND: Okay.
MR. TEICH: This is -- what's that, Mary?
MS. HOLLAND: I just said I think it may
relate to the trial. But that is very helpful, Sonal.
Thank you.
MR. TEICH: And, for the record, we wrote
Sonal on February 24th regarding Mr. Kennedy's
Instagram take down of February 10th.
We requested -- and Mr. Kennedy's offer to
not escalate this dispute farther by having that matter
Transcript of Meet and Confer
Conducted on March 10, 2021
17
PLANET DEPOS
888.433.3767 | WWW.PLANETDEPOS.COM
Case 3:20-cv-05787-SI Document 82-2 Filed 03/22/21 Page 3 of 4
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heard by Facebook's oversight board.
We asked, because of various deadlines, the
oversight board and other, that Sonal would give us a
substantive response within 48 hours, which was
February 26th.
And in the evening of February 26th, I
received a one-sentence email response from Sonal
saying she could not respond; she needed to consult
with the client. And we have had no further
communication now ten days or more longer since then.
So we have indicated in the case management
statement that, assuming Facebook is not willing to
have that matter heard by its oversight board,
Mr. Kennedy anticipates filing an original action and
moving to consolidate under Rule 42. So that would
affect -- or might affect the trial estimate.
MS. MEHTA: Okay. Well, I'm not going to go
through and respond to all of that, other than to say
the emails and the letters and everything are all in
the record. So I'm not going to do a timeline on the
phone. And I've already mentioned that we're looking
into it and we'll get back to you.
And with respect to the trial, I don't know
what your intention is, and so I'm not sure I have any
response to that until I see and understand what it is
Transcript of Meet and Confer
Conducted on March 10, 2021
18
PLANET DEPOS
888.433.3767 | WWW.PLANETDEPOS.COM
Case 3:20-cv-05787-SI Document 82-2 Filed 03/22/21 Page 4 of 4File and source
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- Original
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