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1 JONATHAN H. BLAVIN (State Bar No. 230269)
Jonathan.Blavin@mto.com
2 MUNGER, TOLLES & OLSON LLP
560 Mission Street, 27th Floor
3 San Francisco, CA 94105-2907
Telephone: (415) 512-4000
4 Facsimile: (415) 512-4077
5 ROSE LEDA EHLER (State Bar No. 296523)
Rose.Ehler@mto.com
6 VICTORIA A. DEGTYAREVA (State Bar No. 284199)
Victoria.Degtyareva@mto.com
7 MUNGER, TOLLES & OLSON LLP
350 South Grand Avenue, 50th Floor
8 Los Angeles, California 90071-3426
Telephone: (213) 683-9100
9 Facsimile: (213) 687-3702
10 LAUREN BELL (pro hac vice)
Lauren.Bell@mto.com
11 MUNGER, TOLLES & OLSON LLP
601 Massachusetts Avenue NW, Suite 500 E
12 Washington, DC 20001
Telephone: (202) 220-1100
13 Facsimile: (202) 220-2300
14 Attorneys for Defendant Snap Inc.
15 Additional parties and counsel listed on
signature pages
16
SUPERIOR COURT OF THE STATE OF CALIFORNIA
17 FOR THE COUNTY OF LOS ANGELES
18
COORDINATION PROCEEDING JUDICIAL COUNCIL
19
SPECIAL TITLE [RULE 3.400] COORDINATION
20 PROCEEDING NO. 5255
SOCIAL MEDIA CASES
21 For Filing Purposes: 22STCV21355
THIS DOCUMENT RELATES TO:
22 Judge: Hon. Carolyn B. Kuhl
All Cases
SSC-12
23
JOINT STATEMENT
24
REGARDING THE PARTIES’
25 PROPOSED PLAINTIFF
FACT SHEETS
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1
JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS
1 Pursuant to the Court’s June 28, 2023 Minute Order (“Order”), the Parties respectfully
2 submit this Joint Statement regarding their proposed Plaintiff Fact Sheets (“PFS”). The Parties
3 have worked together to reach agreement on many issues, with select issues remaining for
4 discussion that are a result of that collaborative effort. Attached for the Court’s consideration are
5 (1) a redline comparison showing Plaintiffs’ proposed changes to Defendants’ proposed Plaintiff
6 Fact Sheet and Defendant-specific appendices (Exhibit A), (2) a clean version of Defendants’
7 proposed Plaintiff Fact Sheet and Defendant-specific appendices (Exhibit B), which includes
8 Defendant-specific appendices that would be filled out only by individual Plaintiffs who bring
9 claims against that particular Defendant, and (3) a clean version of Plaintiffs’ proposed Plaintiff
10 Fact Sheet and Defendant-specific appendices (Exhibit C).
11 Pursuant to the Court’s Order, attached as Exhibits D through G are declarations from a
12 knowledgeable employee of each Defendant (1) describing how Plaintiffs may access information
13 from their accounts and (2) delineating the types of information available to account holders
14 concerning past account activity.
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JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS
1 I. DEFENDANTS’ POSITION
2 The personal injury Plaintiffs attribute to Defendants’ services a wide variety of injuries,
3 from anxiety, to supposed addiction to Defendants’ services, to suicidality and eating disorders.
4 See, e.g., Master Compl. ¶¶ 5, 18, 94, 96, 102, 121. Defendants’ proposed PFS is directly tied to
5 these allegations. Each question “give[s] each defendant the specific information necessary to
6 defend the case against it,” In re PPA Prod. Liab. Litig., 460 F.3d 1217, 1234 (9th Cir. 2006). The
7 information sought also will allow the parties to group and identify potential bellwether cases and
8 conduct discovery efficiently. See Fed. Jud. Ctr., Multidistrict Litigation Manual, at App’x J
9 (2023) (PFSs can be used to “group cases . . . into litigation tracks”).1 Defendants’ positions on
10 some of the remaining areas of dispute in the PFS are as follows:
11 Alternate Causes: There are myriad potential causes for the harms Plaintiffs claim in
12 these cases. Before they ever began using Defendants’ services, some Plaintiffs may have
13 experienced behavioral and mental health issues that they do not allege Defendants’ services
14 caused, Ex. B, § VII.A; been the victim or perpetrator of a crime, id. §§ III.I, IV.F; or experienced
15 apparent addiction to alcohol, tobacco, drugs, or other activities, id. § IX. See Multidistrict
16 Litigation Manual, at App’x. J (PFS “may include questions about the plaintiff’s background”). In
17 turn, these experiences may have caused Plaintiffs’ alleged injuries. Understanding the presence
18 or absence of these potential alternate causes is needed to allow categorization of cases for
19 bellwether discovery pool selection and to ensure Defendants have a preliminary understanding of
20 the strengths and weaknesses of Plaintiffs’ claims.
21 Plaintiff-Specific Allegations: Plaintiffs allege that dozens of features, across five
22 different services, led them to view one or more types of harmful content (e.g., self-harm videos,
23 “ideal” body images) or to have one or more negative experiences (e.g., cyberbullying, sextortion),
24 leading to one or more injuries. But the operative pleadings shed no light on which Defendant or
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Given that Defendants will have the opportunity to conduct additional discovery before any case
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is selected for trial, May 3, 2023 CMC Tr. 27:4–7, Defendants’ proposed PFS seeks only
28 information that must be collected from all Plaintiffs to evaluate and group cases preliminarily.
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JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS
1 features (if any) a Plaintiff2 alleges connected them to which (if any) of the many types of
2 allegedly harmful content or experiences. See Ex. B, app’xs. Notably, Plaintiffs do not even
3 identify which Defendant allegedly is responsible for each claimed injury. Compare Ex. C §
4 VII.A, with Ex. B § VII.A. Each Defendant is entitled to notice of the allegations each Plaintiff is
5 making against it. Eliciting this information is critical to grouping and evaluating cases,
6 identifying representative cases for further discovery, and helping Defendants understand and
7 defend against diverse claims. Cf. Mar. 3, 2023 MDL Tr. 22:20-23:15 (Defendants are promptly
8 entitled to “this kind of basic information” if any claims survive dismissal).3
9 Records: Defendants’ proposed PFS requests production of the documents necessary to
10 preliminarily assess the cases, including educational records, Plaintiffs’ own statements about their
11 injuries (e.g., in diaries or online chatrooms), criminal justice and police records, Social Security
12 or other disability records, and for Plaintiffs claiming lost wages, tax records. Ex. B, § XVI.B–D,
13 H–J. Defendants’ proposed PFS seeks only information and records that are disclosable under
14 applicable law, and this information will help group cases (e.g., shedding light on alternate
15 causes).4 See Bolch Jud. Instit., Guidelines and Best Practices for Large & Mass Tort MDLs 11
16 (2d ed. 2018) (record collection as part of PFS “can shed light on the potential causes of the
17 plaintiffs’ injuries”). Plaintiffs’ position—that Defendants can collect some of these categories of
18 records themselves—is untenable and does not excuse Plaintiffs from providing what they have in
19 their possession, particularly when third parties may not keep records indefinitely.
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That Plaintiffs’ claims ultimately must be proven through expert testimony does not excuse them
21 from identifying their claims now. Indeed, absent such identification, Defendants cannot take the
fact discovery needed to test the opinions that Plaintiffs’ experts may later provide.
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23 Meta is also entitled to know whether a Plaintiff saw the allegedly false or misleading statements
that underlie the master complaint’s fraud claim. See Ex. B, Meta App’x § C; People ex rel.
24 Harris v. Rizzo, 214 Cal. App. 4th 921, 947 (2013) (reliance must be pled with particularity).
4
25 Although California law provides several statutory mechanisms for sealing juvenile court and
police records, such records are not sealed or confidential by default. See, e.g., Cal. Welf. & Inst.
26 Code § 827(a)(1) (allowing some inspection of case files); § 827.9(b)–(c) (same for dissemination
of police records). Moreover, many JCCP Plaintiffs are not California citizens. Additionally, by
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making claims for lost income, Plaintiffs waive California’s qualified privilege for tax records.
28 See, e.g., Valencia v. Crop Prod. Servs. Inc., 2018 WL 5840051, at *2 (S.D. Cal. Nov. 8, 2018).
4
JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS
1 II. PLAINTIFFS’ POSITION
2 A simple and readable Plaintiff Fact Sheet is critical, especially when a significant number
3 of plaintiffs are minors, some as young as 10 years old. The objective should be to obtain accurate
4 information. Plaintiffs’ ability to comprehend questions will affect the accuracy and reliability of
5 the responses. The nature of questions must also be carefully considered with victims’ rights in
6 mind. Many plaintiffs are adolescents who have suffered traumatic mental, emotional, and physical
7 injuries. Requiring all plaintiffs to relive traumatic events for purposes of a fact sheet may cause
8 additional harm and revictimization. Although each plaintiff has subjected themselves to scrutiny
9 by entering the litigation process, the amount of intrusion and scrutiny at the fact sheet stage should
10 be limited to what is necessary for case evaluation. As the Court has noted, additional discovery
11 including depositions, IMEs, etc. will take place before any case goes to trial, so the parties should
12 not “over ask” in the plaintiff fact sheet. (May 3, 2023 Hr’g Tr. 27:6-7)
13 Information helpful to refresh a plaintiff’s recollection: Defendants seek information
14 about an individual plaintiffs’ use of Defendants’ products, including age at first use, date range of
15 use, average frequency of use, whether the plaintiff has tried to delete their account, and whether a
16 plaintiff has ever reported a negative experience on a platform. PFS §§ XII.A, XII.B, XII.D,
17 XIII.B To improve the accuracy of this information, Plaintiffs believe that Defendants should be
18 required to produce this information for the accounts that Defendants have been able to identify
19 using the Plaintiffs Preservation Profile Form. This is critical as many individual plaintiffs do not
20 recall all of the accounts they have created and used on a given platform. Thus, to ensure that both
21 sides have equal access to the most accurate information and avoid a “gotcha” moment during a
22 deposition in which Defendants reveal long-forgotten account information, Defendants should
23 produce this information to an individual plaintiff prior to the completion of their PFS.
24 Questions that call for ultimate conclusions or expert opinions: At the PFS stage, the
25 focus should be plaintiffs identifying alleged injuries from the use of Defendants’ products, not
26 establishing causation of alleged injuries. Question VII.A. of Defendants’ proposed PFS asks
27 plaintiffs to not only identify all injuries they allege but to also identify which specific injuries
28 were caused by specific Defendants. Defendants go even further in the Defendant-specific
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JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS
1 appendices, asking plaintiffs to identify each feature of each platform that substantially
2 contributed to their injuries. Plaintiffs are not qualified to determine which specific defendant or
3 specific design feature of Defendants’ platforms caused their alleged injury. Defendants’ social
4 media apps are highly complex; it’s unreasonable to ask plaintiffs, many of whom are minors or
5 became addicted to social media as minors, to identify exactly what features caused or contributed
6 to their harms, especially when plaintiffs allege that the platforms work synergistically to cause
7 harm. These questions are not appropriate for a plaintiff fact sheet. Defendants have recognized
8 this is an expert-driven question in their briefing on the CSAM motion when they opposed
9 Plaintiffs’ request that Defendants preserve the features facilitating the injuries: “Whether a
10 feature has been ‘utilized to facilitate’ conduct is not subject to objective discernment . . . It is a
11 causal determination that Plaintiffs must prove through reliable expert testimony.” 7/24/23 D’s
12 Reply at 5.
13 Defendant-specific appendices: Each Defendant has submitted an appendix that seeks
14 information about the specific defective features, frequency of use of each feature, whether a
15 particular feature “caused or contributed” to the plaintiff’s injuries, and the “experiences” an
16 individual plaintiff has had on each Defendant’s apps. Despite seeking similar information, the
17 format of the questions varies among Defendants, which increases the risk of confusion and
18 creates unnecessary inefficiency. Plaintiffs propose utilizing the same format across Defendant-
19 specific appendices. Additionally, Defendants are in a better position to provide accurate
20 information as to frequency of use.
21 Records: Plaintiffs do not believe that all individual plaintiffs, at this stage, should be
22 required to produce highly sensitive materials, such as diaries and journals, or other burdensome
23 requests, such as posts made on other social media platforms or chats related to injuries alleged.
24 Also, Plaintiffs respectfully submit that records related juvenile proceedings and federal tax
25 records are privileged, sealed and/or protected against disclosure.
26 Dropdown answer options: The parties have been unable to reach agreement on answer
27 options available in dropdown boxes in the fact sheet. Defendants maintain that questions should be
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JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS
1 only “yes” or “no”, but it is not proper for Defendants to dictate how Plaintiffs answer. Plaintiffs
2 assert that answer options should include “do not recall”. Plaintiffs reserve rights on this issue.
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JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS
1 DATED: August 14, 2023 PANISH | SHEA | BOYLE | RAVIPUDI LLP
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4 By: /s/ Jesse Creed
Jesse Creed
5
Brian J. Panish
6 Rahul Ravipudi
Jesse Creed
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PANISH | SHEA | BOYLE | RAVIPUDI LLP
8 11111 Santa Monica Boulevard, Suite 700
Los Angeles, CA 90025 Tel.:
9 (310) 477-1700
panish@psbr.law
10 rravipudi@psbr.law
jcreed@psbr.law
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12 Emily Jeffcott
MORGAN & MORGAN
13 633 West Fifth Street, Suite 2652 Los
Angeles, CA 90071
14 Tel.: 213-787-8590
Fax: 213-418-3983
15 ejeffcott@forthepeople.com
16
Joseph G. VanZandt
17 BEASLEY ALLEN CROW METHVIN PORTIS &
MILES, LLC
18 234 Commerce Street
Montgomery, AL 36103
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Tel.: 334-269-2343
20 Joseph.VanZandt@BeasleyAllen.com
21 Paul R. Kiesel
Mariana A. McConnell
22 Cherisse H. Cleofe
KIESEL LAW LLP
23
8648 Wilshire Boulevard
24 Beverly Hills, CA 90211
Tel.: 310-854-4444
25 Fax: 310-854-0812
kiesel@kiesel.law
26 mcconnell@kiesel.law
cleofe@kiesel.law
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28 Co-Lead and Co-Liaison Counsel for Plaintiffs
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JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS
1 DATED: August 14, 2023 COVINGTON & BURLING LLP
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By: /s/ Ashley M. Simonsen
4 Ashley M. Simonsen
5 ASHLEY M. SIMONSEN, SBN 275203
asimonsen@cov.com COVINGTON &
6 BURLING LLP
7 1999 Avenue of the Stars Los
Angeles, CA 90067 Tel.: 424-
8 332-4800
9 EMILY JOHNSON HENN, SBN 269482
ehenn@cov.com
10 COVINGTON & BURLING LLP
11 3000 El Camino Real
5 Palo Alto Square, 10th Floor Palo
12 Alto, CA 94306
Tel.: 650-632-4700
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PHYLLIS A. JONES, pro hac vice
14
pajones@cov.com
15 PAUL W. SCHMIDT, pro hac vice
pschmidt@cov.com
16 MICHAEL X. IMBROSCIO, pro hac vice forthcoming
mimbroscio@cov.com COVINGTON &
17 BURLING LLP
One City Center
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850 Tenth Street, NW Washington, DC
19 20001-4956
Tel.: 202-662-6000
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Attorneys for Defendants Meta Platforms, Inc.,
21 Facebook Holdings, LLC, Facebook Operations, LLC,
Facebook Payments, Inc., Facebook Technologies,
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LLC, Instagram, LLC, and
23 Siculus, Inc.
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JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS
1 DATED: August 14, 2023 MUNGER, TOLLES & OLSON LLP
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By: /s/ Jonathan H. Blavin
4 Jonathan H. Blavin
5 JONATHAN H. BLAVIN, SBN 230269
jonathan.blavin@mto.com MUNGER,
6 TOLLES & OLSON LLP
7 560 Mission Street, 27th Floor San
Francisco, CA 94105-3089 Tel.: 415-
8 512-4000
9 ROSE L. EHLER, SBN 29652
Rose.Ehler@mto.com
10 VICTORIA A. DEGTYAREVA, SBN 284199
11 Victoria.Degtyareva@mto.com ARIEL T.
TESHUVA, SBN 324238
12 Ariel.Teshuva@mto.com
MUNGER, TOLLES & OLSON LLP
13 350 South Grand Avenue, 50th Floor Los
Angeles, CA 90071-3426
14 Tel.: 213-683-9100
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LAUREN A. BELL, pro hac vice
16 Lauren.Bell@mto.com
MUNGER, TOLLES & OLSON LLP
17 601 Massachusetts Ave., NW St. Suite
500 E
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Washington, D.C. 20001-5369
19 Tel.: 202-220-1100
20 Attorneys for Defendant Snap Inc.
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JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS
1 DATED: August 14, 2023 KING & SPALDING LLP
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By: /s/ Matthew J. Blaschke
4 Matthew J. Blaschke
5 MATTHEW J. BLASCHKE, SBN 281938
mblaschke@kslaw.com
6 BAILEY J. LANGNER, SBN 307753
7 blangner@kslaw.com KING & SPALDING LLP
50 California Street, Suite 3300 San Francisco, CA
8 9411l
Tel.: 415-318-1200
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ALBERT Q. GIANG, SBN 224332
10 agiang@kslaw.com
11 KING & SPALDING LLP
633 West Fifth Street, Suite 1600 Los Angeles, CA
12 90071
Tel.: 213-443-4310
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GEOFFREY DRAKE, pro hac vice
14 gdrake@kslaw.com
15 KING & SPALDING LLP
1180 Peachtree Street, NE, Suite 1600
16 Atlanta, GA 30309
Tel.: 404-572-4600
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Attorneys for Defendants TikTok Inc. and ByteDance
18 Inc.
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JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS
1 DATED: August 14, 2023 FAEGRE DRINKER BIDDLE & REATH LLP
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By: /s/ Tarifa B. Laddon
4 Tarifa B. Laddon
5 TARIFA B. LADDON, SBN 240419
tarifa.laddon@faegredrinker.com
6 DAVID P. KOLLER, SBN 328633
7 david.koller@faegredrinker.com
FAEGRE DRINKER BIDDLE & REATH LLP
8 1800 Century Park East, Suite 1500
Los Angeles, CA 90067
9 Tel.: 310-203-4000
10 ANDREA R. PIERSON, pro hac vice
11 andrea.pierson@faegredrinker.com
FAEGRE DRINKER BIDDLE & REATH LLP
12 300 N. Meridian Street, Suite 2500
Indianapolis, IN 46204
13 Tel: 317-237-1424
14 Attorneys for Defendants TikTok Inc. and ByteDance
15 Inc.
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JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS
1 DATED: August 14, 2023 WILSON SONSINI GOODRICH & ROSATI
LLP
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By: /s/ Christopher C. Chiou
4 Christopher C. Chiou
5 CHRISTOPHER C. CHIOU, SBN 233587
cchiou@wsgr.com
6 SAMANTHA MACHOCK, SBN 298852
7 smachock@wsgr.com
WILSON SONSINI GOODRICH & ROSATI LLP
8 633 W 5th St, Ste 1550
Los Angeles, CA 90071-3543 Tel.: 323-210-2900
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LAUREN WHITE, SBN 309075
10 lwhite@wsgr.com
11 WILSON SONSINI GOODRICH & ROSATI LLP
One Market Plaza, Spear Tower, Suite 3300 San
12 Francisco, CA 94105
Tel.: 415-947-2000
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BRIAN M. WILLEN, pro hac vice forthcoming
14 bwillen@wsgr.com
15 WILSON SONSINI GOODRICH & ROSATI LLP
1301 Avenue of the Americas, 40th Floor New York,
16 NY 10019
Tel.: 212-999-5800
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Attorneys for Defendants YouTube, LLC, Google
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LLC, Alphabet Inc.
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JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS
1 DATED: August 14, 2023 WILLIAMS & CONNOLLY LLP
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By: /s/ Joseph G. Petrosinelli
4 Joseph G. Petrosinelli
5 JOSEPH G. PETROSINELLI, pro hac vice
application forthcoming
6 jpetrosinelli@wc.com
7 ASHLEY W. HARDIN, pro hac vice application
forthcoming
8 ahardin@wc.com
WILLIAMS & CONNOLLY LLP
9 680 Maine Avenue, SW Washington, DC 20024
Tel.: 202-434-5000
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11 Attorneys for Defendants YouTube, LLC, Google
LLC, Alphabet Inc.
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JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS
EXHIBIT A
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
IN RE: SOCIAL MEDIA CASES JCCP No. 5255
[Consolidated with JCCP No. 5256]
Case No. 22STCV21355
This Document Relates to:
[PROPOSED] PLAINTIFF FACT
Case Caption and Civil Action No.: SHEET
Full Name of Plaintiff (First, Middle, and
Last):
PLAINTIFF FACT SHEET
Please provide the following information for each plaintiff who claims that use of
Defendants’ social media platforms (Facebook, Instagram, Snapchat, TikTok, and YouTube)
caused them (or a person who died) injury as alleged in the above-captioned litigation. In
completing this Plaintiff Fact Sheet, you are under oath and must provide information that is true
and correct to the best of your knowledge. If you cannot recall all of the details requested,
provide as much information as you can (including approximate times and dates), including by
review of documents or materials in your or your attorneys’ custody or possession. This Plaintiff
Fact Sheet is an electronic version that expands to accommodate as much information as is
necessary to fully answer any of these questions, including by adding rows or columns to tables.
You must fill out the applicable appendix for each entity you have named as a Defendant.
Please do not leave any questions unanswered or blank.
You may and should consult with your attorney if you have any questions regarding the
completion of this form.
This Plaintiff Fact Sheet constitutes discovery responses subject to California Code of
Civil Procedure. This Plaintiff Fact Sheet and the information provided herein will be used only
for this litigation and is designated Confidential under the Protective Order. Plaintiffs do not
concede the relevance or admissibility of any of the information herein.
I. CASE INFORMATION
A. Name of the court in which the complaint was initially filed:
B. Case number in court in which complaint was originally filed:
C. Are you alleging in this case that you began using Facebook, Instagram,
Snapchat, TikTok, or YouTube when you were under thirteen years old?
[Click here to select your answer.]
**IMPORTANT**
DEFINITION OF “RELEVANT TIME PERIOD”
If your answer to question I.C. is “YES,” then the phrase
“Relevant Time Period” throughout this Plaintiff Fact Sheet
means from the time you turned SEVEN (7) years old to today.
If your answer to question I.C. is “NO,” then the phrase
“Relevant Time Period” throughout this Plaintiff Fact Sheet
means from the time you turned TEN (10) years old to today.
II. REPRESENTATIVE CAPACITY
If you are completing this Plaintiff Fact Sheet in a representative capacity (meaning on
behalf of a minor, someone who died, or a person who lacks capacity to complete it on
their own), respond on your own behalf only to the questions in this section. For the
remainder of the questions in this Fact Sheet, respond on behalf of the person who used
and was allegedly harmed by Defendants’ social media platforms, and assume that “you”
refers to that person. Please complete the following:
A. Name of individual completing this Fact Sheet:
B. Your current address:
C. What is your relationship to the person upon whose behalf you are completing
this Fact Sheet (e.g., parent, guardian, Estate Administrator)?
D. If you represent the estate of someone who died or serve as a successor-in-
interest, do you contend that use of Defendants’ social media platforms caused or
contributed to that person’s death?
[Click here to select your answer.]
E. Have you ever used any Defendant’s reporting features to report a negative
experience on that platformservice by the person on whose behalf you are
completing this Fact Sheet?
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1. [Click here to select your answer.]If yes, please provide the following
information:
PlatformService Involved (select one) How Many Times Did You Report
☐ Facebook
☐ Instagram
☐ Snapchat
☐ TikTok
☐ YouTube
III. PERSONAL INFORMATION
If you are completing this questionnaire in a representative capacity, the remainder of this
Fact Sheet should be completed on behalf of the represented individual who used
Defendants’ social media platforms. For representatives who are completing this Fact
Sheet for someone else, assume that “you” means the person who used and was allegedly
harmed by Defendants’ social media platforms.
A. Legal name:
B. Other names by which you have been known (including maiden names, if any):
C. Gender:
D. Social Security Number:
E. Date of birth: [Click or tap to enter a date.]
F. List all addresses where you lived for the last six (6) years. Include addresses
where you lived while at school, to the extent that you lived away from home for
school (e.g., boarding school or college). For each address, provide the
approximate periods you resided at each location:
Address Date Range of Residence
G. Household Information. Provide the name of any adult who has resided in the
same household as you for all the addresses you listed above in III.F.
Name Relationship to You Date Range the Individual Resided with You
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H. Educational History.
Provide the following information about your education for the Relevant Time
Period:
1. Primary and Secondary Schools Attended.
Name of School or Educational Grade(s)
City and State Dates of Attendance
Institution Completed
2. Post-Secondary Schools (e.g., Colleges, Trade Schools), or Other
Educational Institutions, Attended.
Name of School or Degree Major or
City and State Dates of Attendance Awarded
Educational Institution Primary Field
3. During the Relevant Time Period, have you ever been subject to
disciplinary action by any school or other educational institution?
[Click here to select your answer.]
(a) If yes, provide the following information:
Name of
Dates of Type of Disciplinary
School or
Disciplinary Action (select all that Grounds for Disciplinary Action
Educational
Action apply)
Institution
☐ Detention Deleted Cells
☐ In-School Suspension
☐ Out-of-School
Suspension
☐ Expulsion
I. Previous Interactions with Law Enforcement and the Legal System.
1. Have you ever been convicted of a crime as an adult?felony ?
[Click here to select your answer.]
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(a) If yes, please answer all of the following questions that apply to
you for each instance:
Charge(s)
Court Where Action Was/Is Pending
[Click or tap to enter a date.]
Date of Conviction
Sentence Imposed
2. Have you ever been determined to have committed an offense in a juvenile
delinquency proceeding? Note: You are only required to answer this
question with “Yes” if any records from a conviction or a juvenile
delinquency proceeding involving you remain unsealed.
[Click here to select your answer.]
3. To the best of your knowledge, has any individual who regularly cared for
you ever been convicted of a crime related to your care or been the subject
of an investigation by any Department of Child and Family Services
related to your care?
IV. [Click here to select your answer.]ABUSE / VIOLENCE / DISCRIMINATION
A. Have you ever been the victim of discrimination or harassment on the basis of
race/ethnicity, national origin, sex, sexual orientation, gender identity, transgender
status, or disability?
[Click here to select your answer.]
1. If yes, please select one of the following options to indicate when the
discrimination or harassment occurred:
[Click here to select your answer.]
B. Have you ever been the victim of bullying, cyberbullying, verbal abuse, or
emotional neglect?
[Click here to select your answer.]
1. If yes, please select one of the following options to indicate when the
bullying, cyberbullying, verbal abuse, or emotional neglect occurred:
[Click here to select your answer.]
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C. Have you ever been the victim of physical abuse, physical assault, or physical
neglect?
[Click here to select your answer.]
1. If yes, please select one of the following options to indicate when the
physical abuse, physical assault, or physical neglect occurred:
[Click here to select your answer.]
D. Have you ever been the victim of rape, sexual abuse, or sexual assault?
[Click here to select your answer.]
1. If yes, please select one of the following options to indicate when the rape,
sexual abuse, or sexual assault occurred:
[Click here to select your answer.]
E. Have you ever experienced violence or threats of violence (e.g., a shooting, a
threatened shooting, or a bombing) in a school, place of worship, or other public
place?
[Click here to select your answer.]
1. If yes, please select one of the following options to indicate when the
violence or threats of violence occurred:
[Click here to select your answer.]
F. Have you ever been the victim of a crime against your person not listed above?
[Click here to select your answer.]
V. EMPLOYMENT AND MILITARY HISTORY
A. Complete the chart below detailing your current employment and all prior
employment from when you were fourteen years old through today. Please
include any part-time jobs.
Date Range of Was Your Reason for
Leaving Related to Medical,
Employment Occupation/
Employer City and State Physical, Psychiatric,
(Month/Year to Position/Title Psychological, or Emotional
Month/Year) Reasons?
6
B. Have you ever served in any branch of the military?
[Click here to select your answer.]
1. If yes, provide the following information:
(a) Branch of service: __________________________
(b) Rank upon discharge: __________________________
(c) Type of discharge: __________________________
VI. MEDICAL BACKGROUND
A. You must complete and execute the attached authorization to release your
medical records and answer the following questions.
B. Identify each of the health care providers (including all doctors, psychiatrists,
dieticians, nutritionists, neuropsychologists, psychologists, therapists, licensed
clinical social workers, nurse practitioners, and physician assistants) whom you
saw on an out-patient basis about any chronic physical, mental, or
neurodevelopmental condition (defined as any condition that lasted for more than
three months) during the Relevant Time Period. If you saw multiple health care
providers within the same medical practice, you are not required to list each
doctor, nurse practitioner, or physician assistant you may have seen as part of
that group; rather, include the name of the health care provider you primarily
saw at the medical practice, and identify the medical specialties of all healthcare
providers you saw.
Name of Provider’s Address,
Dates as Condition/Reason
Medical Practice Specialty Phone Number, and
Patient for Consultation
or Provider Email
C. Identify every hospital, clinic, or facility where you were admitted as an in-
patient or presented for an emergency room visit for any physical, mental, or
neurodevelopmental condition or treatment/surgery during the Relevant Time
Period.
Dates of ER Visit or Name and Address Reason for
Hospital Admission of Facility Admission Treatment Received
and Discharge
7
D. List all prescription anti-depressants, anti-anxiety medications, anti-psychotic
medications, and other medications for the treatment of any mental health
problem that you took for three (3) months or more during the Relevant Time
Period:
Prescribing Physician or
Pharmacy Used
Healthcare Provider
Medication Dates of Use (Name, Address, and Phone
(Name, Address, and Phone
Number)
Number)
[Click here to select or write
in a medication.]
E. Except for those pharmacies identified in your response to question VI.D, identify
every pharmacy that has dispensed medication to you during the Relevant Time
Period:
Address and
Name of Medication(s) Date Range You Used
Name of Pharmacy Phone
Dispensed Pharmacy
Number
VII. ALLEGED INJURIES, ILLNESSES, AND CONDITIONS
A. Identify the below-listedall physical and mental injuries, illnesses, or conditions
that you believe you have ever sufferedallege were caused or worsened by
Defendant’s social medial platforms.
Platform(s) to which you Deleted Cells
Injury, Illness, or If Not Ongoing, Date
Date Injury, Illness, attribute this injury, illness,
Condition (check all Injury, Illness, or
or Condition Began or condition, in part or in
that apply) Condition Ended
full (select all that apply)
☐ “Social media [Click or tap to [Click or tap to ☐ Facebook
addiction” enter a date.] enter a date.] ☐ Instagram
☐ Snapchat
☐ TikTok
☐ YouTube
☐ None
8
☐ Anxiety [Click or tap to [Click or tap to ☐ Facebook
enter a date.] enter a date.] ☐ Instagram
☐ Snapchat
☐ TikTok
☐ YouTube
☐ None
☐ Depression [Click or tap to [Click or tap to ☐ Facebook
enter a date.] enter a date.] ☐ Instagram
☐ Snapchat
☐ TikTok
☐ YouTube
☐ None
☐ Body [Click or tap to [Click or tap to ☐ Facebook
dysmorphia enter a date.] enter a date.] ☐ Instagram
☐ Snapchat
☐ TikTok
☐ YouTube
☐ None
☐ Anorexia [Click or tap to [Click or tap to ☐ Facebook
enter a date.] enter a date.] ☐ Instagram
☐ Snapchat
☐ TikTok
☐ YouTube
☐ None
☐ Bulimia [Click or tap to [Click or tap to ☐ Facebook
enter a date.] enter a date.] ☐ Instagram
☐ Snapchat
☐ TikTok
☐ YouTube
☐ None
☐ Binge Eating [Click or tap to [Click or tap to ☐ Facebook
Disorder enter a date.] enter a date.] ☐ Instagram
☐ Snapchat
☐ TikTok
☐ YouTube
☐ None
9
☐ Other feeding [Click or tap to [Click or tap to ☐ Facebook
or eating disorder enter a date.] enter a date.] ☐ Instagram
(specify):
☐ Snapchat
☐ TikTok
☐ YouTube
☐ None
☐ Sleep [Click or tap to [Click or tap to ☐ Facebook
disorder(s) enter a date.] enter a date.] ☐ Instagram
☐ Snapchat
☐ TikTok
☐ YouTube
☐ None
☐ Self-harm [Click or tap to [Click or tap to ☐ Facebook
enter a date.] enter a date.] ☐ Instagram
☐ Snapchat
☐ TikTok
Preview
1 JONATHAN H. BLAVIN (State Bar No. 230269) Jonathan.Blavin@mto.com 2 MUNGER, TOLLES & OLSON LLP 560 Mission Street, 27th Floor 3 San Francisco, CA 94105-2907 Telephone: (415) 512-4000 4 Facsimile: (415) 512-4077 5 ROSE LEDA EHLER (State Bar No. 296523) Rose.Ehler@mto.com 6 VICTORIA A. DEGTYAREVA (State Bar No. 284199) Victoria.Degtyareva@mto.com 7 MUNGER, TOLLES & OLSON LLP 350 South Grand Avenue, 50th Floor 8 Los Angeles, California 90071-3426 Telephone: (213) 683-9100 9 Facsimile: (213) 687-3702 10 LAUREN BELL (pro hac vice) Lauren.Bell@mto.com 11 MUNGER, TOLLES & OLSON LLP 601 Massachusetts Avenue NW, Suite 500 E 12 Washington, DC 20001 Telephone: (202) 220-1100 13 Facsimile: (202) 220-2300 14 Attorneys for Defendant Snap Inc. 15 Additional parties and counsel listed on signature pages 16 SUPERIOR COURT OF THE STATE OF CALIFORNIA 17 FOR THE COUNTY OF LOS ANGELES 18 COORDINATION PROCEEDING JUDICIAL COUNCIL 19 SPECIAL TITLE [RULE 3.400] COORDINATION 20 PROCEEDING NO. 5255 SOCIAL MEDIA CASES 21 For Filing Purposes: 22STCV21355 THIS DOCUMENT RELATES TO: 22 Judge: Hon. Carolyn B. Kuhl All Cases SSC-12 23 JOINT STATEMENT 24 REGARDING THE PARTIES’ 25 PROPOSED PLAINTIFF FACT SHEETS 26 27 28 1 JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS 1 Pursuant to the Court’s June 28, 2023 Minute Order (“Order”), the Parties respectfully 2 submit this Joint Statement regarding their proposed Plaintiff Fact Sheets (“PFS”). The Parties 3 have worked together to reach agreement on many issues, with select issues remaining for 4 discussion that are a result of that collaborative effort. Attached for the Court’s consideration are 5 (1) a redline comparison showing Plaintiffs’ proposed changes to Defendants’ proposed Plaintiff 6 Fact Sheet and Defendant-specific appendices (Exhibit A), (2) a clean version of Defendants’ 7 proposed Plaintiff Fact Sheet and Defendant-specific appendices (Exhibit B), which includes 8 Defendant-specific appendices that would be filled out only by individual Plaintiffs who bring 9 claims against that particular Defendant, and (3) a clean version of Plaintiffs’ proposed Plaintiff 10 Fact Sheet and Defendant-specific appendices (Exhibit C). 11 Pursuant to the Court’s Order, attached as Exhibits D through G are declarations from a 12 knowledgeable employee of each Defendant (1) describing how Plaintiffs may access information 13 from their accounts and (2) delineating the types of information available to account holders 14 concerning past account activity. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS 1 I. DEFENDANTS’ POSITION 2 The personal injury Plaintiffs attribute to Defendants’ services a wide variety of injuries, 3 from anxiety, to supposed addiction to Defendants’ services, to suicidality and eating disorders. 4 See, e.g., Master Compl. ¶¶ 5, 18, 94, 96, 102, 121. Defendants’ proposed PFS is directly tied to 5 these allegations. Each question “give[s] each defendant the specific information necessary to 6 defend the case against it,” In re PPA Prod. Liab. Litig., 460 F.3d 1217, 1234 (9th Cir. 2006). The 7 information sought also will allow the parties to group and identify potential bellwether cases and 8 conduct discovery efficiently. See Fed. Jud. Ctr., Multidistrict Litigation Manual, at App’x J 9 (2023) (PFSs can be used to “group cases . . . into litigation tracks”).1 Defendants’ positions on 10 some of the remaining areas of dispute in the PFS are as follows: 11 Alternate Causes: There are myriad potential causes for the harms Plaintiffs claim in 12 these cases. Before they ever began using Defendants’ services, some Plaintiffs may have 13 experienced behavioral and mental health issues that they do not allege Defendants’ services 14 caused, Ex. B, § VII.A; been the victim or perpetrator of a crime, id. §§ III.I, IV.F; or experienced 15 apparent addiction to alcohol, tobacco, drugs, or other activities, id. § IX. See Multidistrict 16 Litigation Manual, at App’x. J (PFS “may include questions about the plaintiff’s background”). In 17 turn, these experiences may have caused Plaintiffs’ alleged injuries. Understanding the presence 18 or absence of these potential alternate causes is needed to allow categorization of cases for 19 bellwether discovery pool selection and to ensure Defendants have a preliminary understanding of 20 the strengths and weaknesses of Plaintiffs’ claims. 21 Plaintiff-Specific Allegations: Plaintiffs allege that dozens of features, across five 22 different services, led them to view one or more types of harmful content (e.g., self-harm videos, 23 “ideal” body images) or to have one or more negative experiences (e.g., cyberbullying, sextortion), 24 leading to one or more injuries. But the operative pleadings shed no light on which Defendant or 25 26 1 Given that Defendants will have the opportunity to conduct additional discovery before any case 27 is selected for trial, May 3, 2023 CMC Tr. 27:4–7, Defendants’ proposed PFS seeks only 28 information that must be collected from all Plaintiffs to evaluate and group cases preliminarily. 3 JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS 1 features (if any) a Plaintiff2 alleges connected them to which (if any) of the many types of 2 allegedly harmful content or experiences. See Ex. B, app’xs. Notably, Plaintiffs do not even 3 identify which Defendant allegedly is responsible for each claimed injury. Compare Ex. C § 4 VII.A, with Ex. B § VII.A. Each Defendant is entitled to notice of the allegations each Plaintiff is 5 making against it. Eliciting this information is critical to grouping and evaluating cases, 6 identifying representative cases for further discovery, and helping Defendants understand and 7 defend against diverse claims. Cf. Mar. 3, 2023 MDL Tr. 22:20-23:15 (Defendants are promptly 8 entitled to “this kind of basic information” if any claims survive dismissal).3 9 Records: Defendants’ proposed PFS requests production of the documents necessary to 10 preliminarily assess the cases, including educational records, Plaintiffs’ own statements about their 11 injuries (e.g., in diaries or online chatrooms), criminal justice and police records, Social Security 12 or other disability records, and for Plaintiffs claiming lost wages, tax records. Ex. B, § XVI.B–D, 13 H–J. Defendants’ proposed PFS seeks only information and records that are disclosable under 14 applicable law, and this information will help group cases (e.g., shedding light on alternate 15 causes).4 See Bolch Jud. Instit., Guidelines and Best Practices for Large & Mass Tort MDLs 11 16 (2d ed. 2018) (record collection as part of PFS “can shed light on the potential causes of the 17 plaintiffs’ injuries”). Plaintiffs’ position—that Defendants can collect some of these categories of 18 records themselves—is untenable and does not excuse Plaintiffs from providing what they have in 19 their possession, particularly when third parties may not keep records indefinitely. 20 2 That Plaintiffs’ claims ultimately must be proven through expert testimony does not excuse them 21 from identifying their claims now. Indeed, absent such identification, Defendants cannot take the fact discovery needed to test the opinions that Plaintiffs’ experts may later provide. 22 3 23 Meta is also entitled to know whether a Plaintiff saw the allegedly false or misleading statements that underlie the master complaint’s fraud claim. See Ex. B, Meta App’x § C; People ex rel. 24 Harris v. Rizzo, 214 Cal. App. 4th 921, 947 (2013) (reliance must be pled with particularity). 4 25 Although California law provides several statutory mechanisms for sealing juvenile court and police records, such records are not sealed or confidential by default. See, e.g., Cal. Welf. & Inst. 26 Code § 827(a)(1) (allowing some inspection of case files); § 827.9(b)–(c) (same for dissemination of police records). Moreover, many JCCP Plaintiffs are not California citizens. Additionally, by 27 making claims for lost income, Plaintiffs waive California’s qualified privilege for tax records. 28 See, e.g., Valencia v. Crop Prod. Servs. Inc., 2018 WL 5840051, at *2 (S.D. Cal. Nov. 8, 2018). 4 JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS 1 II. PLAINTIFFS’ POSITION 2 A simple and readable Plaintiff Fact Sheet is critical, especially when a significant number 3 of plaintiffs are minors, some as young as 10 years old. The objective should be to obtain accurate 4 information. Plaintiffs’ ability to comprehend questions will affect the accuracy and reliability of 5 the responses. The nature of questions must also be carefully considered with victims’ rights in 6 mind. Many plaintiffs are adolescents who have suffered traumatic mental, emotional, and physical 7 injuries. Requiring all plaintiffs to relive traumatic events for purposes of a fact sheet may cause 8 additional harm and revictimization. Although each plaintiff has subjected themselves to scrutiny 9 by entering the litigation process, the amount of intrusion and scrutiny at the fact sheet stage should 10 be limited to what is necessary for case evaluation. As the Court has noted, additional discovery 11 including depositions, IMEs, etc. will take place before any case goes to trial, so the parties should 12 not “over ask” in the plaintiff fact sheet. (May 3, 2023 Hr’g Tr. 27:6-7) 13 Information helpful to refresh a plaintiff’s recollection: Defendants seek information 14 about an individual plaintiffs’ use of Defendants’ products, including age at first use, date range of 15 use, average frequency of use, whether the plaintiff has tried to delete their account, and whether a 16 plaintiff has ever reported a negative experience on a platform. PFS §§ XII.A, XII.B, XII.D, 17 XIII.B To improve the accuracy of this information, Plaintiffs believe that Defendants should be 18 required to produce this information for the accounts that Defendants have been able to identify 19 using the Plaintiffs Preservation Profile Form. This is critical as many individual plaintiffs do not 20 recall all of the accounts they have created and used on a given platform. Thus, to ensure that both 21 sides have equal access to the most accurate information and avoid a “gotcha” moment during a 22 deposition in which Defendants reveal long-forgotten account information, Defendants should 23 produce this information to an individual plaintiff prior to the completion of their PFS. 24 Questions that call for ultimate conclusions or expert opinions: At the PFS stage, the 25 focus should be plaintiffs identifying alleged injuries from the use of Defendants’ products, not 26 establishing causation of alleged injuries. Question VII.A. of Defendants’ proposed PFS asks 27 plaintiffs to not only identify all injuries they allege but to also identify which specific injuries 28 were caused by specific Defendants. Defendants go even further in the Defendant-specific 5 JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS 1 appendices, asking plaintiffs to identify each feature of each platform that substantially 2 contributed to their injuries. Plaintiffs are not qualified to determine which specific defendant or 3 specific design feature of Defendants’ platforms caused their alleged injury. Defendants’ social 4 media apps are highly complex; it’s unreasonable to ask plaintiffs, many of whom are minors or 5 became addicted to social media as minors, to identify exactly what features caused or contributed 6 to their harms, especially when plaintiffs allege that the platforms work synergistically to cause 7 harm. These questions are not appropriate for a plaintiff fact sheet. Defendants have recognized 8 this is an expert-driven question in their briefing on the CSAM motion when they opposed 9 Plaintiffs’ request that Defendants preserve the features facilitating the injuries: “Whether a 10 feature has been ‘utilized to facilitate’ conduct is not subject to objective discernment . . . It is a 11 causal determination that Plaintiffs must prove through reliable expert testimony.” 7/24/23 D’s 12 Reply at 5. 13 Defendant-specific appendices: Each Defendant has submitted an appendix that seeks 14 information about the specific defective features, frequency of use of each feature, whether a 15 particular feature “caused or contributed” to the plaintiff’s injuries, and the “experiences” an 16 individual plaintiff has had on each Defendant’s apps. Despite seeking similar information, the 17 format of the questions varies among Defendants, which increases the risk of confusion and 18 creates unnecessary inefficiency. Plaintiffs propose utilizing the same format across Defendant- 19 specific appendices. Additionally, Defendants are in a better position to provide accurate 20 information as to frequency of use. 21 Records: Plaintiffs do not believe that all individual plaintiffs, at this stage, should be 22 required to produce highly sensitive materials, such as diaries and journals, or other burdensome 23 requests, such as posts made on other social media platforms or chats related to injuries alleged. 24 Also, Plaintiffs respectfully submit that records related juvenile proceedings and federal tax 25 records are privileged, sealed and/or protected against disclosure. 26 Dropdown answer options: The parties have been unable to reach agreement on answer 27 options available in dropdown boxes in the fact sheet. Defendants maintain that questions should be 28 6 JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS 1 only “yes” or “no”, but it is not proper for Defendants to dictate how Plaintiffs answer. Plaintiffs 2 assert that answer options should include “do not recall”. Plaintiffs reserve rights on this issue. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS 1 DATED: August 14, 2023 PANISH | SHEA | BOYLE | RAVIPUDI LLP 2 3 4 By: /s/ Jesse Creed Jesse Creed 5 Brian J. Panish 6 Rahul Ravipudi Jesse Creed 7 PANISH | SHEA | BOYLE | RAVIPUDI LLP 8 11111 Santa Monica Boulevard, Suite 700 Los Angeles, CA 90025 Tel.: 9 (310) 477-1700 panish@psbr.law 10 rravipudi@psbr.law jcreed@psbr.law 11 12 Emily Jeffcott MORGAN & MORGAN 13 633 West Fifth Street, Suite 2652 Los Angeles, CA 90071 14 Tel.: 213-787-8590 Fax: 213-418-3983 15 ejeffcott@forthepeople.com 16 Joseph G. VanZandt 17 BEASLEY ALLEN CROW METHVIN PORTIS & MILES, LLC 18 234 Commerce Street Montgomery, AL 36103 19 Tel.: 334-269-2343 20 Joseph.VanZandt@BeasleyAllen.com 21 Paul R. Kiesel Mariana A. McConnell 22 Cherisse H. Cleofe KIESEL LAW LLP 23 8648 Wilshire Boulevard 24 Beverly Hills, CA 90211 Tel.: 310-854-4444 25 Fax: 310-854-0812 kiesel@kiesel.law 26 mcconnell@kiesel.law cleofe@kiesel.law 27 28 Co-Lead and Co-Liaison Counsel for Plaintiffs 8 JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS 1 DATED: August 14, 2023 COVINGTON & BURLING LLP 2 3 By: /s/ Ashley M. Simonsen 4 Ashley M. Simonsen 5 ASHLEY M. SIMONSEN, SBN 275203 asimonsen@cov.com COVINGTON & 6 BURLING LLP 7 1999 Avenue of the Stars Los Angeles, CA 90067 Tel.: 424- 8 332-4800 9 EMILY JOHNSON HENN, SBN 269482 ehenn@cov.com 10 COVINGTON & BURLING LLP 11 3000 El Camino Real 5 Palo Alto Square, 10th Floor Palo 12 Alto, CA 94306 Tel.: 650-632-4700 13 PHYLLIS A. JONES, pro hac vice 14 pajones@cov.com 15 PAUL W. SCHMIDT, pro hac vice pschmidt@cov.com 16 MICHAEL X. IMBROSCIO, pro hac vice forthcoming mimbroscio@cov.com COVINGTON & 17 BURLING LLP One City Center 18 850 Tenth Street, NW Washington, DC 19 20001-4956 Tel.: 202-662-6000 20 Attorneys for Defendants Meta Platforms, Inc., 21 Facebook Holdings, LLC, Facebook Operations, LLC, Facebook Payments, Inc., Facebook Technologies, 22 LLC, Instagram, LLC, and 23 Siculus, Inc. 24 25 26 27 28 9 JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS 1 DATED: August 14, 2023 MUNGER, TOLLES & OLSON LLP 2 3 By: /s/ Jonathan H. Blavin 4 Jonathan H. Blavin 5 JONATHAN H. BLAVIN, SBN 230269 jonathan.blavin@mto.com MUNGER, 6 TOLLES & OLSON LLP 7 560 Mission Street, 27th Floor San Francisco, CA 94105-3089 Tel.: 415- 8 512-4000 9 ROSE L. EHLER, SBN 29652 Rose.Ehler@mto.com 10 VICTORIA A. DEGTYAREVA, SBN 284199 11 Victoria.Degtyareva@mto.com ARIEL T. TESHUVA, SBN 324238 12 Ariel.Teshuva@mto.com MUNGER, TOLLES & OLSON LLP 13 350 South Grand Avenue, 50th Floor Los Angeles, CA 90071-3426 14 Tel.: 213-683-9100 15 LAUREN A. BELL, pro hac vice 16 Lauren.Bell@mto.com MUNGER, TOLLES & OLSON LLP 17 601 Massachusetts Ave., NW St. Suite 500 E 18 Washington, D.C. 20001-5369 19 Tel.: 202-220-1100 20 Attorneys for Defendant Snap Inc. 21 22 23 24 25 26 27 28 10 JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS 1 DATED: August 14, 2023 KING & SPALDING LLP 2 3 By: /s/ Matthew J. Blaschke 4 Matthew J. Blaschke 5 MATTHEW J. BLASCHKE, SBN 281938 mblaschke@kslaw.com 6 BAILEY J. LANGNER, SBN 307753 7 blangner@kslaw.com KING & SPALDING LLP 50 California Street, Suite 3300 San Francisco, CA 8 9411l Tel.: 415-318-1200 9 ALBERT Q. GIANG, SBN 224332 10 agiang@kslaw.com 11 KING & SPALDING LLP 633 West Fifth Street, Suite 1600 Los Angeles, CA 12 90071 Tel.: 213-443-4310 13 GEOFFREY DRAKE, pro hac vice 14 gdrake@kslaw.com 15 KING & SPALDING LLP 1180 Peachtree Street, NE, Suite 1600 16 Atlanta, GA 30309 Tel.: 404-572-4600 17 Attorneys for Defendants TikTok Inc. and ByteDance 18 Inc. 19 20 21 22 23 24 25 26 27 28 11 JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS 1 DATED: August 14, 2023 FAEGRE DRINKER BIDDLE & REATH LLP 2 3 By: /s/ Tarifa B. Laddon 4 Tarifa B. Laddon 5 TARIFA B. LADDON, SBN 240419 tarifa.laddon@faegredrinker.com 6 DAVID P. KOLLER, SBN 328633 7 david.koller@faegredrinker.com FAEGRE DRINKER BIDDLE & REATH LLP 8 1800 Century Park East, Suite 1500 Los Angeles, CA 90067 9 Tel.: 310-203-4000 10 ANDREA R. PIERSON, pro hac vice 11 andrea.pierson@faegredrinker.com FAEGRE DRINKER BIDDLE & REATH LLP 12 300 N. Meridian Street, Suite 2500 Indianapolis, IN 46204 13 Tel: 317-237-1424 14 Attorneys for Defendants TikTok Inc. and ByteDance 15 Inc. 16 17 18 19 20 21 22 23 24 25 26 27 28 12 JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS 1 DATED: August 14, 2023 WILSON SONSINI GOODRICH & ROSATI LLP 2 3 By: /s/ Christopher C. Chiou 4 Christopher C. Chiou 5 CHRISTOPHER C. CHIOU, SBN 233587 cchiou@wsgr.com 6 SAMANTHA MACHOCK, SBN 298852 7 smachock@wsgr.com WILSON SONSINI GOODRICH & ROSATI LLP 8 633 W 5th St, Ste 1550 Los Angeles, CA 90071-3543 Tel.: 323-210-2900 9 LAUREN WHITE, SBN 309075 10 lwhite@wsgr.com 11 WILSON SONSINI GOODRICH & ROSATI LLP One Market Plaza, Spear Tower, Suite 3300 San 12 Francisco, CA 94105 Tel.: 415-947-2000 13 BRIAN M. WILLEN, pro hac vice forthcoming 14 bwillen@wsgr.com 15 WILSON SONSINI GOODRICH & ROSATI LLP 1301 Avenue of the Americas, 40th Floor New York, 16 NY 10019 Tel.: 212-999-5800 17 Attorneys for Defendants YouTube, LLC, Google 18 LLC, Alphabet Inc. 19 20 21 22 23 24 25 26 27 28 13 JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS 1 DATED: August 14, 2023 WILLIAMS & CONNOLLY LLP 2 3 By: /s/ Joseph G. Petrosinelli 4 Joseph G. Petrosinelli 5 JOSEPH G. PETROSINELLI, pro hac vice application forthcoming 6 jpetrosinelli@wc.com 7 ASHLEY W. HARDIN, pro hac vice application forthcoming 8 ahardin@wc.com WILLIAMS & CONNOLLY LLP 9 680 Maine Avenue, SW Washington, DC 20024 Tel.: 202-434-5000 10 11 Attorneys for Defendants YouTube, LLC, Google LLC, Alphabet Inc. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14 JOINT STATEMENT REGARDING THE PARTIES’ PROPOSED PLAINTIFF FACT SHEETS EXHIBIT A SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES IN RE: SOCIAL MEDIA CASES JCCP No. 5255 [Consolidated with JCCP No. 5256] Case No. 22STCV21355 This Document Relates to: [PROPOSED] PLAINTIFF FACT Case Caption and Civil Action No.: SHEET Full Name of Plaintiff (First, Middle, and Last): PLAINTIFF FACT SHEET Please provide the following information for each plaintiff who claims that use of Defendants’ social media platforms (Facebook, Instagram, Snapchat, TikTok, and YouTube) caused them (or a person who died) injury as alleged in the above-captioned litigation. In completing this Plaintiff Fact Sheet, you are under oath and must provide information that is true and correct to the best of your knowledge. If you cannot recall all of the details requested, provide as much information as you can (including approximate times and dates), including by review of documents or materials in your or your attorneys’ custody or possession. This Plaintiff Fact Sheet is an electronic version that expands to accommodate as much information as is necessary to fully answer any of these questions, including by adding rows or columns to tables. You must fill out the applicable appendix for each entity you have named as a Defendant. Please do not leave any questions unanswered or blank. You may and should consult with your attorney if you have any questions regarding the completion of this form. This Plaintiff Fact Sheet constitutes discovery responses subject to California Code of Civil Procedure. This Plaintiff Fact Sheet and the information provided herein will be used only for this litigation and is designated Confidential under the Protective Order. Plaintiffs do not concede the relevance or admissibility of any of the information herein. I. CASE INFORMATION A. Name of the court in which the complaint was initially filed: B. Case number in court in which complaint was originally filed: C. Are you alleging in this case that you began using Facebook, Instagram, Snapchat, TikTok, or YouTube when you were under thirteen years old? [Click here to select your answer.] **IMPORTANT** DEFINITION OF “RELEVANT TIME PERIOD” If your answer to question I.C. is “YES,” then the phrase “Relevant Time Period” throughout this Plaintiff Fact Sheet means from the time you turned SEVEN (7) years old to today. If your answer to question I.C. is “NO,” then the phrase “Relevant Time Period” throughout this Plaintiff Fact Sheet means from the time you turned TEN (10) years old to today. II. REPRESENTATIVE CAPACITY If you are completing this Plaintiff Fact Sheet in a representative capacity (meaning on behalf of a minor, someone who died, or a person who lacks capacity to complete it on their own), respond on your own behalf only to the questions in this section. For the remainder of the questions in this Fact Sheet, respond on behalf of the person who used and was allegedly harmed by Defendants’ social media platforms, and assume that “you” refers to that person. Please complete the following: A. Name of individual completing this Fact Sheet: B. Your current address: C. What is your relationship to the person upon whose behalf you are completing this Fact Sheet (e.g., parent, guardian, Estate Administrator)? D. If you represent the estate of someone who died or serve as a successor-in- interest, do you contend that use of Defendants’ social media platforms caused or contributed to that person’s death? [Click here to select your answer.] E. Have you ever used any Defendant’s reporting features to report a negative experience on that platformservice by the person on whose behalf you are completing this Fact Sheet? 2 1. [Click here to select your answer.]If yes, please provide the following information: PlatformService Involved (select one) How Many Times Did You Report ☐ Facebook ☐ Instagram ☐ Snapchat ☐ TikTok ☐ YouTube III. PERSONAL INFORMATION If you are completing this questionnaire in a representative capacity, the remainder of this Fact Sheet should be completed on behalf of the represented individual who used Defendants’ social media platforms. For representatives who are completing this Fact Sheet for someone else, assume that “you” means the person who used and was allegedly harmed by Defendants’ social media platforms. A. Legal name: B. Other names by which you have been known (including maiden names, if any): C. Gender: D. Social Security Number: E. Date of birth: [Click or tap to enter a date.] F. List all addresses where you lived for the last six (6) years. Include addresses where you lived while at school, to the extent that you lived away from home for school (e.g., boarding school or college). For each address, provide the approximate periods you resided at each location: Address Date Range of Residence G. Household Information. Provide the name of any adult who has resided in the same household as you for all the addresses you listed above in III.F. Name Relationship to You Date Range the Individual Resided with You 3 H. Educational History. Provide the following information about your education for the Relevant Time Period: 1. Primary and Secondary Schools Attended. Name of School or Educational Grade(s) City and State Dates of Attendance Institution Completed 2. Post-Secondary Schools (e.g., Colleges, Trade Schools), or Other Educational Institutions, Attended. Name of School or Degree Major or City and State Dates of Attendance Awarded Educational Institution Primary Field 3. During the Relevant Time Period, have you ever been subject to disciplinary action by any school or other educational institution? [Click here to select your answer.] (a) If yes, provide the following information: Name of Dates of Type of Disciplinary School or Disciplinary Action (select all that Grounds for Disciplinary Action Educational Action apply) Institution ☐ Detention Deleted Cells ☐ In-School Suspension ☐ Out-of-School Suspension ☐ Expulsion I. Previous Interactions with Law Enforcement and the Legal System. 1. Have you ever been convicted of a crime as an adult?felony ? [Click here to select your answer.] 4 (a) If yes, please answer all of the following questions that apply to you for each instance: Charge(s) Court Where Action Was/Is Pending [Click or tap to enter a date.] Date of Conviction Sentence Imposed 2. Have you ever been determined to have committed an offense in a juvenile delinquency proceeding? Note: You are only required to answer this question with “Yes” if any records from a conviction or a juvenile delinquency proceeding involving you remain unsealed. [Click here to select your answer.] 3. To the best of your knowledge, has any individual who regularly cared for you ever been convicted of a crime related to your care or been the subject of an investigation by any Department of Child and Family Services related to your care? IV. [Click here to select your answer.]ABUSE / VIOLENCE / DISCRIMINATION A. Have you ever been the victim of discrimination or harassment on the basis of race/ethnicity, national origin, sex, sexual orientation, gender identity, transgender status, or disability? [Click here to select your answer.] 1. If yes, please select one of the following options to indicate when the discrimination or harassment occurred: [Click here to select your answer.] B. Have you ever been the victim of bullying, cyberbullying, verbal abuse, or emotional neglect? [Click here to select your answer.] 1. If yes, please select one of the following options to indicate when the bullying, cyberbullying, verbal abuse, or emotional neglect occurred: [Click here to select your answer.] 5 C. Have you ever been the victim of physical abuse, physical assault, or physical neglect? [Click here to select your answer.] 1. If yes, please select one of the following options to indicate when the physical abuse, physical assault, or physical neglect occurred: [Click here to select your answer.] D. Have you ever been the victim of rape, sexual abuse, or sexual assault? [Click here to select your answer.] 1. If yes, please select one of the following options to indicate when the rape, sexual abuse, or sexual assault occurred: [Click here to select your answer.] E. Have you ever experienced violence or threats of violence (e.g., a shooting, a threatened shooting, or a bombing) in a school, place of worship, or other public place? [Click here to select your answer.] 1. If yes, please select one of the following options to indicate when the violence or threats of violence occurred: [Click here to select your answer.] F. Have you ever been the victim of a crime against your person not listed above? [Click here to select your answer.] V. EMPLOYMENT AND MILITARY HISTORY A. Complete the chart below detailing your current employment and all prior employment from when you were fourteen years old through today. Please include any part-time jobs. Date Range of Was Your Reason for Leaving Related to Medical, Employment Occupation/ Employer City and State Physical, Psychiatric, (Month/Year to Position/Title Psychological, or Emotional Month/Year) Reasons? 6 B. Have you ever served in any branch of the military? [Click here to select your answer.] 1. If yes, provide the following information: (a) Branch of service: __________________________ (b) Rank upon discharge: __________________________ (c) Type of discharge: __________________________ VI. MEDICAL BACKGROUND A. You must complete and execute the attached authorization to release your medical records and answer the following questions. B. Identify each of the health care providers (including all doctors, psychiatrists, dieticians, nutritionists, neuropsychologists, psychologists, therapists, licensed clinical social workers, nurse practitioners, and physician assistants) whom you saw on an out-patient basis about any chronic physical, mental, or neurodevelopmental condition (defined as any condition that lasted for more than three months) during the Relevant Time Period. If you saw multiple health care providers within the same medical practice, you are not required to list each doctor, nurse practitioner, or physician assistant you may have seen as part of that group; rather, include the name of the health care provider you primarily saw at the medical practice, and identify the medical specialties of all healthcare providers you saw. Name of Provider’s Address, Dates as Condition/Reason Medical Practice Specialty Phone Number, and Patient for Consultation or Provider Email C. Identify every hospital, clinic, or facility where you were admitted as an in- patient or presented for an emergency room visit for any physical, mental, or neurodevelopmental condition or treatment/surgery during the Relevant Time Period. Dates of ER Visit or Name and Address Reason for Hospital Admission of Facility Admission Treatment Received and Discharge 7 D. List all prescription anti-depressants, anti-anxiety medications, anti-psychotic medications, and other medications for the treatment of any mental health problem that you took for three (3) months or more during the Relevant Time Period: Prescribing Physician or Pharmacy Used Healthcare Provider Medication Dates of Use (Name, Address, and Phone (Name, Address, and Phone Number) Number) [Click here to select or write in a medication.] E. Except for those pharmacies identified in your response to question VI.D, identify every pharmacy that has dispensed medication to you during the Relevant Time Period: Address and Name of Medication(s) Date Range You Used Name of Pharmacy Phone Dispensed Pharmacy Number VII. ALLEGED INJURIES, ILLNESSES, AND CONDITIONS A. Identify the below-listedall physical and mental injuries, illnesses, or conditions that you believe you have ever sufferedallege were caused or worsened by Defendant’s social medial platforms. Platform(s) to which you Deleted Cells Injury, Illness, or If Not Ongoing, Date Date Injury, Illness, attribute this injury, illness, Condition (check all Injury, Illness, or or Condition Began or condition, in part or in that apply) Condition Ended full (select all that apply) ☐ “Social media [Click or tap to [Click or tap to ☐ Facebook addiction” enter a date.] enter a date.] ☐ Instagram ☐ Snapchat ☐ TikTok ☐ YouTube ☐ None 8 ☐ Anxiety [Click or tap to [Click or tap to ☐ Facebook enter a date.] enter a date.] ☐ Instagram ☐ Snapchat ☐ TikTok ☐ YouTube ☐ None ☐ Depression [Click or tap to [Click or tap to ☐ Facebook enter a date.] enter a date.] ☐ Instagram ☐ Snapchat ☐ TikTok ☐ YouTube ☐ None ☐ Body [Click or tap to [Click or tap to ☐ Facebook dysmorphia enter a date.] enter a date.] ☐ Instagram ☐ Snapchat ☐ TikTok ☐ YouTube ☐ None ☐ Anorexia [Click or tap to [Click or tap to ☐ Facebook enter a date.] enter a date.] ☐ Instagram ☐ Snapchat ☐ TikTok ☐ YouTube ☐ None ☐ Bulimia [Click or tap to [Click or tap to ☐ Facebook enter a date.] enter a date.] ☐ Instagram ☐ Snapchat ☐ TikTok ☐ YouTube ☐ None ☐ Binge Eating [Click or tap to [Click or tap to ☐ Facebook Disorder enter a date.] enter a date.] ☐ Instagram ☐ Snapchat ☐ TikTok ☐ YouTube ☐ None 9 ☐ Other feeding [Click or tap to [Click or tap to ☐ Facebook or eating disorder enter a date.] enter a date.] ☐ Instagram (specify): ☐ Snapchat ☐ TikTok ☐ YouTube ☐ None ☐ Sleep [Click or tap to [Click or tap to ☐ Facebook disorder(s) enter a date.] enter a date.] ☐ Instagram ☐ Snapchat ☐ TikTok ☐ YouTube ☐ None ☐ Self-harm [Click or tap to [Click or tap to ☐ Facebook enter a date.] enter a date.] ☐ Instagram ☐ Snapchat ☐ TikTok