Preview
Date Filed 3/26/2024 4:50 PM
Superior Court - Suffolk BC
Docket Number 2384CV02397
COMMONWEALTH OF MASSACHUSETTS
27
SUFFOLK, ss. SUPERIOR COURT
COMMONWEALTH OF
MASSACHUSETTS,
Plaintiff,
Vv.
CIVIL ACTION NO.
META PLATFORMS, INC. and 2384CV02397-BLS1
INSTAGRAM, LLC.
Defendants.
JOINT RULE 16 CONFERENCE MEMORANDUM
The plaintiff the Commonwealth of Massachusetts (the “Commonwealth”) and
defendants Meta Platforms, Inc. and Instagram, LLC (collectively “Meta” or “Defendants”)
have met and conferred pursuant to Superior Court Administrative Directive 17-1 and Rule
16 and hereby submit the following joint Rule 16 conference memorandum outlining their
agreement on the topics listed below.
I. Proposed Agenda For Conference
The Parties propose the following agenda for the Rule 16 Conference: establishment of
schedule for fact and expert discovery. Pursuant to the Court’s request at the January 30, 2024
Rule 16 Conference, the Parties will also address the number of depositions.
Il. Issues Of Confidentiality And Impoundment
The Court entered the Protective Order on February 20, 2024. In the event the Parties
seek to file materials under impoundment, the Parties will comply with the terms of the
Protective Order and the Uniform Rules on Impoundment Procedure.
Date Filed 3/26/2024 4:50 PM
Superior Court - Suffolk
Docket Number 2384CV02397
Til. Joint Proposed Fact and Expert Discovery Schedule
The parties have conferred and agreed on the following proposed schedule for fact and
expert discovery.
Event : ___ Deadline
All requests for production of document: : and
interrogatories served (excepting necessary
June 7, 2024
follow-up requests raised by deposition
testimony).
Substantial completion of document
October 18, 2024
productions and answers to interrogatories.
All other fact discovery (including
February 14, 2025
depositions) completed.
All parties shall identify their expert
witnesses and provide expert reports signed
March 31, 2025
by each expert that disclose the subject matter
on which they are expected to testify at trial.
All parties provide rebuttal disclosures signed
May 16, 2025
by their experts.
All expert depositions completed. August 1, 2025
Close of all fact and expert discovery. September 5, 2025
The parties have submitted a joint proposed Tracking Order incorporating the preceding and
attached herein as Exhibit A.
-2-
Date Filed 3/26/2024 4:50 PM
Superior Court - Suffolk
Docket Number 2384CV02397
Iv. Discovery
A Agreed Phased Discovery as to the Commonwealth’s First Request for Production
of Documents and First Set of Interrogatories
As stated in the parties joint submission on January 29, 2024, the parties have conferred
and agreed that pending motion to dismiss briefing and adjudication, Defendants will provide
responses to a limited subset of discovery requests contained in the Commonwealth’s First
Request for Production of Documents and First Set of Interrogatories served November 13,
2023, namely, Requests for Production Nos. 3, 4, 9, 12, 18, 19, 20, 33, and 34 and Interrogatory
Nos. 2, 3, and 9 (the “Interim Discovery”), subject to a meet and confer about the scope of data
responsive to these requests, including that such responses will be limited to Massachusetts data
and Massachusetts users where applicable. Defendants also agree to reproduce to the
Commonwealth the documents it has produced to date in the federal multi-district litigation, Jn
re Soc. Media Adolescent Addiction/Personal Injury Products Liability Litigation, Dist. of
California Case No. 4:22-md-03047-YGR MDL (the “MDL”), and any documents produced in
the MDL going forward, with the exception of any Plaintiff-specific data produced in the MDL,
through the issuance of a decision on Meta’s motion to dismiss in this action (the “MDL
reproductions”). The parties agree that the Interim Discovery described above will be
substantially completed by June 1, 2024. Defendants agree to rolling productions in response to
Requests for Production Nos. 3, 4, 9, 12, 18, 19, 20, 33, and 34 and Interrogatory Nos. 2, 3, and
9, pursuant to Mass. R. Civ. P. 34(C)(i).
B Limitations On Discovery Scope and Number of Discovery Events
With respect to depositions, the Parties will continue to confer as needed regarding the
scope of discovery and number of discovery events for both fact and expert discovery. As there
are pending cases in federal and state courts which involve some similar factual issues that are
-3-
Date Filed 3/26/2024 4:50 PM
Superior Court - Suffolk
Docket Number 2384CV02397
similarly beginning their discovery phases, the parties may be able to gain efficiencies from the
discovery conducted in these other actions, particularly to avoid duplication of depositions. As
such, the parties believe retaining flexibility on the number of depositions here would allow the
parties to adjust and/or streamline their discovery needs in this action as discovery progresses.
For all other discovery, the parties agree to the requirements imposed by the Massachusetts
Rules of Civil Procedure. Should additional requests for production of documents or
interrogatories be prompted by deposition testimony, the parties shall meet and confer on a
reasonable time to complete production in response to such requests.
Vv. E-Discovery Pursuant To Mass. R. Civ. P. 26(f)
The parties are currently conferring on a proposed joint ESI protocol which will be
separately submitted to the Court.
VI. Conclusion
The parties propose that a subsequent Rule 16 conference be scheduled 30-60 days
before the close of all fact and expert discovery to discuss issues related to potential
summary judgment, pre-trial conference, and trial scheduling.
This joint Rule 16 conference memorandum is submitted for the purposes of
facilitating a discussion of case management and scheduling. The parties each reserve all
rights and look forward to discussing the above matters with the Court.
-4-
Date Filed 3/26/2024 4:50 PM
Superior Court - Suffolk
Docket Number 2384CV02397
Respectfully Submitted,
For the Commonwealth, For Meta Platforms, Inc. and Instagram, LLC
ANDREA JOY CAMPBELL By their attorneys,
ATTORNEY GENERAL
/s/ Felicia H. Ellsworth
/s/_Christina Chan Felicia H. Ellsworth (BBO #665232)
Christina Chan (BBO # 677703) Allyson Slater (BBO# 704545)
Jared Rinehimer (BBO # 684701) WILMER CUTLER PICKERING
Assistant Attorneys General HALE AND DORR LLP
One Ashburton Place 60 State Street
Boston, Massachusetts 02108 Boston, MA 02109
(617) 727-2000 Tel: (617) 526-6687
christina.chan@mass.gov Fax: (617) 526-5000
jared.rinehimer@mass.gov felicia.ellsworth@wilmerhale.com
allyson.slater@wilmerhale.com
Paul W. Schmidt (BBO #640488)
COVINGTON & BURLING, LLP
The New York Times Building
620 Eighth Avenue
New York, NY 10018-1405
Tel: (212) 841-1171
pschmidt@cov.com
Christian J. Pistilli (pro hac vice)
COVINGTON & BURLING LLP
One CityCenter
850 Tenth Street NW
Washington, D.C. 20001
Tel: (202) 662-5342
cpistilli@cov.com
DATE: March 26, 2024
-5-
Date Filed 3/26/2024 4:50 PM
Superior Court - Suffolk
Docket Number 2384CV02397
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the above document and accompanying Exhibit A was served
via e-mail upon all counsel of record in the above-referenced matter on March 26, 2024.
/s/ Felicia H. Ellsworth
Felicia H. Ellsworth
Date Filed 3/26/2024 4:50 PM
Superior Court - Suffolk
Docket Number 2384CV02397
EXHIBIT A
Date Filed 3/26/2024 4:50 PM
Superior Court - Suffolk
Docket Number 2384CV02397
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss. SUPERIOR COURT
COMMONWEALTH OF
MASSACHUSETTS,
Plaintiff,
Vv.
CIVIL ACTION NO.
META PLATFORMS, INC. and 2384CV02397-BLS1
INSTAGRAM, LLC.
Defendants.
[PROPOSED] TRACKING ORDER
The Court hereby enters the following tracking order providing the following fact and
expert discovery deadlines by which the following items shall be completed:
- ‘Event : Deadline -
All requests for production of documents and "
interrogatories served (excepting necessary
June 7, 2024
follow-up requests raised by deposition
testimony).
Substantial completion of document
October 18, 2024
productions and answers to interrogatories.
All other fact discovery (including
February 14, 2025
depositions) completed.
All parties shall identify their expert
witnesses and provide expert reports signed
March 31, 2025
by each expert that disclose the subject matter
on which they are expected to testify at trial.
All parties provide rebuttal disclosures signed
May 16, 2025
by their experts.
Date Filed 3/26/2024 4:50 PM
Superior Court - Suffolk
Docket Number 2384CV02397
All expert depositions completed. August 1, 2025
Close of all fact and expert discovery. September 5, 2025
The parties consent to electronic service of discovery.
Signed this day of , 2024.
Justice of the Superior Court
Preview
Date Filed 3/26/2024 4:50 PM Superior Court - Suffolk BC Docket Number 2384CV02397 COMMONWEALTH OF MASSACHUSETTS 27 SUFFOLK, ss. SUPERIOR COURT COMMONWEALTH OF MASSACHUSETTS, Plaintiff, Vv. CIVIL ACTION NO. META PLATFORMS, INC. and 2384CV02397-BLS1 INSTAGRAM, LLC. Defendants. JOINT RULE 16 CONFERENCE MEMORANDUM The plaintiff the Commonwealth of Massachusetts (the “Commonwealth”) and defendants Meta Platforms, Inc. and Instagram, LLC (collectively “Meta” or “Defendants”) have met and conferred pursuant to Superior Court Administrative Directive 17-1 and Rule 16 and hereby submit the following joint Rule 16 conference memorandum outlining their agreement on the topics listed below. I. Proposed Agenda For Conference The Parties propose the following agenda for the Rule 16 Conference: establishment of schedule for fact and expert discovery. Pursuant to the Court’s request at the January 30, 2024 Rule 16 Conference, the Parties will also address the number of depositions. Il. Issues Of Confidentiality And Impoundment The Court entered the Protective Order on February 20, 2024. In the event the Parties seek to file materials under impoundment, the Parties will comply with the terms of the Protective Order and the Uniform Rules on Impoundment Procedure. Date Filed 3/26/2024 4:50 PM Superior Court - Suffolk Docket Number 2384CV02397 Til. Joint Proposed Fact and Expert Discovery Schedule The parties have conferred and agreed on the following proposed schedule for fact and expert discovery. Event : ___ Deadline All requests for production of document: : and interrogatories served (excepting necessary June 7, 2024 follow-up requests raised by deposition testimony). Substantial completion of document October 18, 2024 productions and answers to interrogatories. All other fact discovery (including February 14, 2025 depositions) completed. All parties shall identify their expert witnesses and provide expert reports signed March 31, 2025 by each expert that disclose the subject matter on which they are expected to testify at trial. All parties provide rebuttal disclosures signed May 16, 2025 by their experts. All expert depositions completed. August 1, 2025 Close of all fact and expert discovery. September 5, 2025 The parties have submitted a joint proposed Tracking Order incorporating the preceding and attached herein as Exhibit A. -2- Date Filed 3/26/2024 4:50 PM Superior Court - Suffolk Docket Number 2384CV02397 Iv. Discovery A Agreed Phased Discovery as to the Commonwealth’s First Request for Production of Documents and First Set of Interrogatories As stated in the parties joint submission on January 29, 2024, the parties have conferred and agreed that pending motion to dismiss briefing and adjudication, Defendants will provide responses to a limited subset of discovery requests contained in the Commonwealth’s First Request for Production of Documents and First Set of Interrogatories served November 13, 2023, namely, Requests for Production Nos. 3, 4, 9, 12, 18, 19, 20, 33, and 34 and Interrogatory Nos. 2, 3, and 9 (the “Interim Discovery”), subject to a meet and confer about the scope of data responsive to these requests, including that such responses will be limited to Massachusetts data and Massachusetts users where applicable. Defendants also agree to reproduce to the Commonwealth the documents it has produced to date in the federal multi-district litigation, Jn re Soc. Media Adolescent Addiction/Personal Injury Products Liability Litigation, Dist. of California Case No. 4:22-md-03047-YGR MDL (the “MDL”), and any documents produced in the MDL going forward, with the exception of any Plaintiff-specific data produced in the MDL, through the issuance of a decision on Meta’s motion to dismiss in this action (the “MDL reproductions”). The parties agree that the Interim Discovery described above will be substantially completed by June 1, 2024. Defendants agree to rolling productions in response to Requests for Production Nos. 3, 4, 9, 12, 18, 19, 20, 33, and 34 and Interrogatory Nos. 2, 3, and 9, pursuant to Mass. R. Civ. P. 34(C)(i). B Limitations On Discovery Scope and Number of Discovery Events With respect to depositions, the Parties will continue to confer as needed regarding the scope of discovery and number of discovery events for both fact and expert discovery. As there are pending cases in federal and state courts which involve some similar factual issues that are -3- Date Filed 3/26/2024 4:50 PM Superior Court - Suffolk Docket Number 2384CV02397 similarly beginning their discovery phases, the parties may be able to gain efficiencies from the discovery conducted in these other actions, particularly to avoid duplication of depositions. As such, the parties believe retaining flexibility on the number of depositions here would allow the parties to adjust and/or streamline their discovery needs in this action as discovery progresses. For all other discovery, the parties agree to the requirements imposed by the Massachusetts Rules of Civil Procedure. Should additional requests for production of documents or interrogatories be prompted by deposition testimony, the parties shall meet and confer on a reasonable time to complete production in response to such requests. Vv. E-Discovery Pursuant To Mass. R. Civ. P. 26(f) The parties are currently conferring on a proposed joint ESI protocol which will be separately submitted to the Court. VI. Conclusion The parties propose that a subsequent Rule 16 conference be scheduled 30-60 days before the close of all fact and expert discovery to discuss issues related to potential summary judgment, pre-trial conference, and trial scheduling. This joint Rule 16 conference memorandum is submitted for the purposes of facilitating a discussion of case management and scheduling. The parties each reserve all rights and look forward to discussing the above matters with the Court. -4- Date Filed 3/26/2024 4:50 PM Superior Court - Suffolk Docket Number 2384CV02397 Respectfully Submitted, For the Commonwealth, For Meta Platforms, Inc. and Instagram, LLC ANDREA JOY CAMPBELL By their attorneys, ATTORNEY GENERAL /s/ Felicia H. Ellsworth /s/_Christina Chan Felicia H. Ellsworth (BBO #665232) Christina Chan (BBO # 677703) Allyson Slater (BBO# 704545) Jared Rinehimer (BBO # 684701) WILMER CUTLER PICKERING Assistant Attorneys General HALE AND DORR LLP One Ashburton Place 60 State Street Boston, Massachusetts 02108 Boston, MA 02109 (617) 727-2000 Tel: (617) 526-6687 christina.chan@mass.gov Fax: (617) 526-5000 jared.rinehimer@mass.gov felicia.ellsworth@wilmerhale.com allyson.slater@wilmerhale.com Paul W. Schmidt (BBO #640488) COVINGTON & BURLING, LLP The New York Times Building 620 Eighth Avenue New York, NY 10018-1405 Tel: (212) 841-1171 pschmidt@cov.com Christian J. Pistilli (pro hac vice) COVINGTON & BURLING LLP One CityCenter 850 Tenth Street NW Washington, D.C. 20001 Tel: (202) 662-5342 cpistilli@cov.com DATE: March 26, 2024 -5- Date Filed 3/26/2024 4:50 PM Superior Court - Suffolk Docket Number 2384CV02397 CERTIFICATE OF SERVICE I hereby certify that a true copy of the above document and accompanying Exhibit A was served via e-mail upon all counsel of record in the above-referenced matter on March 26, 2024. /s/ Felicia H. Ellsworth Felicia H. Ellsworth Date Filed 3/26/2024 4:50 PM Superior Court - Suffolk Docket Number 2384CV02397 EXHIBIT A Date Filed 3/26/2024 4:50 PM Superior Court - Suffolk Docket Number 2384CV02397 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. SUPERIOR COURT COMMONWEALTH OF MASSACHUSETTS, Plaintiff, Vv. CIVIL ACTION NO. META PLATFORMS, INC. and 2384CV02397-BLS1 INSTAGRAM, LLC. Defendants. [PROPOSED] TRACKING ORDER The Court hereby enters the following tracking order providing the following fact and expert discovery deadlines by which the following items shall be completed: - ‘Event : Deadline - All requests for production of documents and " interrogatories served (excepting necessary June 7, 2024 follow-up requests raised by deposition testimony). Substantial completion of document October 18, 2024 productions and answers to interrogatories. All other fact discovery (including February 14, 2025 depositions) completed. All parties shall identify their expert witnesses and provide expert reports signed March 31, 2025 by each expert that disclose the subject matter on which they are expected to testify at trial. All parties provide rebuttal disclosures signed May 16, 2025 by their experts. Date Filed 3/26/2024 4:50 PM Superior Court - Suffolk Docket Number 2384CV02397 All expert depositions completed. August 1, 2025 Close of all fact and expert discovery. September 5, 2025 The parties consent to electronic service of discovery. Signed this day of , 2024. Justice of the Superior Court