Case 4:22-md-03047-YGR Document 2 Filed 10/11/22 Page 1 of 8
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`Case No. 4:22-md-03047-YGR
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`MDL No. 3047
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`IN RE: SOCIAL MEDIA ADOLESCENT
`ADDICTION/PERSONAL INJURY
`PRODUCTS LIABILITY LITIGATION
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`This Documents Relates to:
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`ALL CASES
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`ORDER SETTING INITIAL CONFERENCE
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`The Judicial Panel on Multidistrict Litigation (“the Panel”) has transferred to this Court for
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`consolidated pretrial proceedings certain lawsuits “arising from allegations that defendants’ social
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`media platforms are defective because they are designed to maximize screen time, which can
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`encourage addictive behavior in adolescents.” (Transfer Order, Dkt. No. 1 at 1.) The Court
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`assumes the parties’ familiarity with the Transfer Order and the facts of the underlying actions.
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`Preamble. The Court wishes to express clearly its expectation that professionalism,
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`courtesy, and civility will endure throughout these proceedings. The Manual for Complex
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`Litigation, Fourth at section 10.21 captures the spirit in these terms:
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`The added demands and burdens of complex litigation place a premium on attorney
`professionalism, and the judge should encourage counsel to act responsibly. The
`certification requirements of Federal Rules of Civil Procedure 11 and 26(g) reflect some of
`the attorneys’ obligations as officers of the court.
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`Because of the high level of competence and experience that attorneys ordinarily bring to this type
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`of litigation, the Court is confident that this objective will be achieved without judicial
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`intervention.
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`Case 4:22-md-03047-YGR Document 2 Filed 10/11/22 Page 2 of 8
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`Prior to the initial case management conference and entry of a comprehensive order
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`governing all further proceedings in this case, the provisions of this Order shall govern the practice
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`and procedure in those actions that were transferred to this Court by the Panel. This Order also
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`applies to all related cases filed in all divisions of the Northern District of California and all “tag-
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`along actions” later filed in, removed to, or transferred to this Court.
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`The Court HEREBY ORDERS:
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`1.
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`Initial Conference. The Court sets an initial in-person case management
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`conference with the undersigned on November 9, 2022 at 9:00 a.m. in Courtroom 1, Fourth Floor,
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`Oakland Federal District Courthouse, 1301 Clay Street, Oakland, California 94612. Each party
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`represented by counsel shall appear at the initial status conference through the party’s attorney who
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`will have primary responsibility for the party’s interest in this litigation. Parties not represented by
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`counsel may appear in person or through an authorized and responsible agent.
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`a. Attendance. To minimize costs and facilitate a manageable conference, parties are
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`not required to attend the conference, and parties with similar interests are expected to agree to
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`the extent practicable on a single attorney to act on their joint behalf at the conference. A party
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`will not, by designating an attorney to represent its interests at the conference, be precluded
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`from other representation during the litigation; and attendance at the conference will not waive
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`objections to jurisdiction, venue, or service.
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`b. Other Participants. Persons who are not named parties in this litigation but may
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`later be joined as parties or are parties in related litigation pending in other federal and state
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`courts, are invited to attend in person or by counsel.
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`c. Public Access. Public audio via Zoom will be made available for those who wish to
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`listen to the proceedings; active participation by Zoom will not be allowed. Information for
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`accessing public audio is available on the Court’s public calendar.1 The Court will also set up
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`and maintain a website accessible to counsel, parties, the public, and the press free of charge.
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`This website will include a list of dates and times of upcoming proceedings, along with
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`1 For public access, see https://www.cand.uscourts.gov/judges/gonzalez-rogers-yvonne-ygr/.
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`Case 4:22-md-03047-YGR Document 2 Filed 10/11/22 Page 3 of 8
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`significant court orders and other documents. More information will follow once the website is
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`established.
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`2.
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`Coordination. The civil actions transferred to this Court or related to the actions
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`already pending before this Court are coordinated for pretrial purposes. Any “tag-along actions”
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`later filed in, removed to, or transferred to this Court, or directly filed in the Northern District of
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`California, will automatically be coordinated with this action without the necessity of future
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`motions or orders. This coordination does not constitute a determination whether the actions
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`should be consolidated for trial, nor does it have the effect of making any entity a party to any
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`action in which he, she, or it has not been named, served, or added in accordance with the Federal
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`Rules of Civil Procedure. To facilitate the efficient coordination of cases in this matter, all parties
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`to this action shall notify the Panel of other potential related or “tag-along” actions of which they
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`are aware or become aware.
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`a. Related Cases. Pursuant to the Transfer Order creating this multidistrict litigation,
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`the Court HEREBY RELATES the following cases pending in this District:
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`i.
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`ii.
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`iii.
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`iv.
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`v.
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`vi.
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`Rodriguez v. Meta Platforms, Inc., et al., No. 22-401
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`Heffner v. Meta Platforms, Inc., et al., No. 22-3849
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`Aranda, et al. v. Meta Platforms, Inc., No. 22-4209
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`Martin, et al. v. Meta Platforms, Inc., No. 22-4286
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`Spence v. Meta Platforms, Inc., No. 22-3294
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`Roberts v. Meta Platforms, Inc., No. 22-4210
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`vii.
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`N, et al. v. Meta Platforms, Inc., No. 22-4283
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`3.
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`Initial Case Management Conference Purpose and Agenda. The conference will
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`be held for the purposes specified in Fed. R. Civ. P. 16(a), 16(b), 16(c), and 26(f) and subject to the
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`sanctions prescribed in Rule 16(f). Seven (7) business days prior to the initial conference, the
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`parties shall provide an initial case management conference statement with their perspectives on
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`case management generally, including a proposed agenda to maximize the efficiency of the initial
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`conference. Ideally, the parties will provide one joint statement to streamline the presentation of
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`Case 4:22-md-03047-YGR Document 2 Filed 10/11/22 Page 4 of 8
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`information. However, to the extent a joint statement is impracticable at this juncture, or additional
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`issues need to be raised, separate statements may be filed. Counsel is advised that statements shall
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`be objective and shall not be abused for raising argument and hyperbole.
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`4.
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`Preparations for Conference.
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`a. Case Identification. Within two (2) days of this Order, defendant Meta Platforms,
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`Inc. shall provide the Court with an excel spreadsheet listing all cases, including the case name,
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`the date the action was commenced, the basis for the Court’s jurisdiction, the claims asserted,
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`all defendants implicated, the lawyers for each respective party, and a short summary of the
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`status of the case. A copy of the spreadsheet shall be emailed to ygrpo@cand.uscourts.gov.
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`This spreadsheet shall encompass all cases, even if defendant Meta Platforms, Inc. is not a
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`party. Defendant Meta Platforms, Inc. shall then send an updated spreadsheet by noon every
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`Friday leading up to the status conference. Parties are encouraged to collaborate in order to
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`streamline the generation of this information.
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`b. Attorney List. By Noon on Monday, November 7, 2022, counsel shall file a joint
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`list of all lawyers attending the initial conference, including the party/parties that the lawyer
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`will be appearing on behalf of. A copy of the list shall be emailed to
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`ygrpo@cand.uscourts.gov.
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`c. Procedures for Complex Litigation. Counsel is expected to familiarize themselves
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`with the Manual for Complex Litigation, Fourth and be prepared at the conference to suggest
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`procedures that will facilitate the just, speedy, and inexpensive resolution of this litigation.
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`d. List of Affiliated Companies and Counsel. To assist the Court in identifying any
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`problems of recusal or disqualification, counsel will submit to the Court by November 7, 2022,
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`a list of all companies affiliated with the parties and all counsel associated in the litigation.
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`This document shall be filed on the docket and a copy shall be emailed to
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`ygrpo@cand.uscourts.gov.
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`5.
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`Interim Measures. Until otherwise ordered by the Court:
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`Case 4:22-md-03047-YGR Document 2 Filed 10/11/22 Page 5 of 8
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`a. Master Docket File. The Clerk of the Court will maintain a master docket case
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`file under the style “In Re: Social Media Adolescent Addiction/Personal Injury Products
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`Liability Litigation” and the identification “MDL No. 3047.” When a pleading is intended to
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`apply to all actions, this shall be indicated by the words: “This Document Relates to: ALL
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`ACTIONS.” When a pleading is intended to apply to fewer than all cases, this Court’s docket
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`number for each individual case to which the document number relates shall appear
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`immediately after the words “This Document Relates to.”
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`b.
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`Admission of Counsel. Attorneys admitted to practice and in good standing in
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`any United States District Court are admitted pro hac vice in this litigation. Association of
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`local co-counsel is not required. The Court generally requires in person as opposed to remote
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`appearances for any counsel wishing to participate in a hearing but will allow attorneys to listen
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`to the proceedings if they do not intend to speak.
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`c.
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`ECF Membership. Each attorney of record is obligated to become a Northern
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`District of California ECF User and be assigned a user ID and password for access to the
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`system. If she or he has not already done so, counsel shall register forthwith as an ECF User
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`and be issued an ECF User ID and password. Forms and instructions can be found on the
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`Court’s website at www.cand.uscourts.gov/cm-ecf. All documents shall be e-filed in the
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`Master file, No. 22-md-03047. Documents that pertain to one or only some of the pending
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`actions shall also be e-filed in the individual case(s) to which the document pertains.
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`Registration instructions for pro se parties who wish to e-file can be found on the Court’s
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`website at www.cand.uscourts.gov/ECF/proseregistration.
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`d. Response Extension and Stay. Defendants are granted an extension of time for
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`responding by motion or answer to the complaint(s) until a date to be set by this Court.
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`Pending the initial case management conference and further orders of this Court, all
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`outstanding discovery proceedings are stayed, and no further discovery shall be initiated.
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`Moreover, all pending motions must be re-noticed for resolution once the Court sets a schedule
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`for any such motions. Any orders, including protective orders, previously entered by any
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`Case 4:22-md-03047-YGR Document 2 Filed 10/11/22 Page 6 of 8
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`transferor district court shall remain in full force and effect unless and until modified by this
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`Court upon application.
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`e. Motions. No motion shall be filed under Rule 11, 12, or 56 without leave of court
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`and unless it includes a certificate that the movant has conferred with opposing counsel in a
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`good-faith effort to resolve the matter without court action. All pending Rule 12 motions are
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`deemed denied without prejudice so that the Court can coordinate proceedings.
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`f. Preservation of Evidence. All parties and counsel are reminded of their duty to
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`preserve evidence that may be relevant to this action, including electronically stored
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`information. Any evidence preservation order previously entered in any of the transferred
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`actions shall remain in full force and effect until further order of the Court. Until the parties
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`reach an agreement on a preservation plan for all cases or the Court orders otherwise, each
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`party shall take reasonable steps to preserve all evidence that may be relevant to this litigation.
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`Counsel, as officers of the court, are obligated to exercise all reasonable efforts to identify and
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`notify parties and non-parties, including employees of corporate or institutional parties, of their
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`preservation obligations.
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`g. Communication with the Court. The Court does not engage in ex parte
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`communications. Unless otherwise ordered by this Court, and consistent with the Court’s
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`standing orders, all substantive communications with the Court shall be in writing and e-filed.
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`The Court recognizes that cooperation by and among plaintiffs’ counsel and by and among
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`defendants’ counsel is essential for the orderly and expeditious resolution of this litigation. The
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`communication of information among and between plaintiffs’ counsel and among and between
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`defendants’ counsel shall not be deemed a waiver of the attorney-client privilege or the
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`protection afforded attorneys’ work product, and cooperative efforts contemplated above shall
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`in no way be used against any plaintiff by any defendant or against any defendant by any
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`plaintiff. Nothing contained in this provision shall be construed to limit the rights of any party
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`or counsel to assert the attorney-client privilege or attorney work product doctrine.
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`Case 4:22-md-03047-YGR Document 2 Filed 10/11/22 Page 7 of 8
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`h. Lead Counsel/Steering Committee. The Court will consider the appointment of lead
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`counsel(s) and a Plaintiffs’ Steering Committee (“PSC”) to conduct and coordinate the pretrial
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`stage of this litigation with the defendants’ representatives or committee. The Court requires
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`individual application for a lead counsel or steering committee position. Any attorney who has
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`filed an action in this MDL litigation may apply for a lead counsel or steering committee
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`position or both. Applications/nominations for plaintiffs’ lead counsel(s) and PSC positions
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`must be e-filed in Master file, No. 22-md-03047 on or before October 20, 2022.
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`Each attorney’s application shall include a resume no longer than two pages and a letter
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`no longer than three (3) pages (single-spaced) addressing the following criteria:
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`i.
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`professional experience in this type of litigation, including
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`MDL experience as lead or liaison counsel and/or service on any plaintiffs’
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`committees or subcommittees;
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`ii.
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`the names and contact information of judges before whom the
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`applicant has appeared in the matters discussed in response to No. 1 above;
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`iii.
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`willingness and ability immediately to commit to time-
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`consuming litigation;
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`iv.
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`willingness and ability to work cooperatively with other
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`plaintiffs’ counsel and defense counsel;
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`v.
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`access to resources to prosecute the litigation in a timely
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`manner;
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`vi.
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`willingness to serve as lead counsel, a member of a steering
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`committee, or both;
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`vii.
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`any other considerations that qualify counsel for a leadership
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`position.
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`Applications may also include an attachment indicating the names of other counsel who
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`have filed cases in this MDL litigation and support the applicant’s appointment as lead counsel
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`or a PSC member. The main criteria for membership in the PSC will be: (a) willingness and
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`availability to commit to a time-consuming project; (b) ability to work cooperatively with
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`others; and (c) professional experience in this type of litigation.
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`All responses or objections to applications must be e-filed in the Master file, No. 22-
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`md-03047, on or before October 27, 2022, and are likewise limited to three (3) single-spaced
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`pages. At the initial conference, the applicants will have the opportunity to address the Court
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`briefly in person. Thereafter, the Court will appoint lead counsel(s) and members of the
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`steering committee(s), if needed, as promptly as practicable.
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`i. Liaison Counsel. If appropriate, and prior to the initial status conference, counsel
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`for the plaintiffs and counsel for defendants shall, to the extent they have not already done so,
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`confer and seek consensus on the selection of a candidate for the position of liaison counsel for
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`each group who will be charged with essentially administrative matters. For example, liaison
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`counsel shall be authorized to receive orders and notices from the Court on behalf of all parties
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`within their liaison group and shall be responsible for the preparation and transmittal of copies
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`of such orders and notices to the parties in their liaison group and perform other tasks
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`determined by the Court. Liaison counsel shall be required to maintain complete files with
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`copies of all documents served upon them and shall make such files available to parties within
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`their liaison group upon request. Liaison counsel are also authorized to receive orders and
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`notices from the Panel or from the transferee court on behalf of all parties within their liaison
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`group and shall be responsible for the preparation and transmittal of copies of such orders and
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`notices to the parties in their liaison group. The expenses incurred in performing the services
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`of liaison counsel shall be shared equally by all members of the liaison group in a manner
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`agreeable to the parties or set by the Court failing such agreement. Appointment of liaison
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`counsel shall be subject to the approval of the Court.
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`IT IS SO ORDERED.
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`Dated: October 11, 2022
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`___________________________________
` YVONNE GONZALEZ ROGERS
`UNITED STATES DISTRICT JUDGE
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