Meta Defendants' Ninth Supplemental Responses to Plaintiffs' Second Set of Interrogatories

Raw text

Transcribed text as recorded, including headers and formatting fragments.

Case 4:22-md-03047-YGR Document 2889-70 Filed 03/27/26 Page 1 of 9 AMENDED Exhibit 308 PLAINTIFFS' OMNIBUS OPPOSITION TO DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT Case No.: 4:22-md-03047-YGR MDL No. 3047 In Re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation Case 4:22-md-03047-YGR Document 2889-70 Filed 03/27/26 Page 2 of 9 1 Ashley M. Simonsen (Bar No. 275203) 2 COVINGTON & BURLING LLP 1999 Avenue of the Stars 3 Los Angeles, California 90067-4643 Telephone: +1 (424) 332-4800 4 Facsimile: +1 (424) 332-4749 Email: asimonsen@cov.com 5 6 Attorneys for Defendants Meta Platforms, Inc. f/k/a Facebook, Inc.; Facebook Holdings, LLC; Facebook 7 Operations, LLC; Facebook Payments, Inc.; Facebook Technologies, LLC; Instagram, LLC; 8 Siculus, Inc.; and Mark Elliot Zuckerberg UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION Additional counsel listed on 9 signature pages 10 11 12 13 14 15 16 17 ALL ACTIONS 18 19 20 21 IN RE: SOCIAL MEDIA ADOLESCENT ADDICTION/PERSONAL INJURY PRODUCTS LIABILITY LITIGATION THIS DOCUMENT RELATES TO: MDL NO. 3047 Civil Case No. 4:22-md-03047-YGR: Honorable Yvonne Gonzalez Rogers ΜΕΤΑ DEFENDANTS' NINTH SUPPLEMENTAL RESPONSES AND OBJECTIONS TO PLAINTIFFS' SECOND SET INTERROGATORIES OF Defendants Meta Platforms, Inc., Facebook Payments, Inc., Siculus, Inc., Facebook Operations, 22 LLC, and Instagram, LLC, (collectively, “Defendants" or "Meta"), by and through their attorneys, 23 Covington & Burling, LLP, submit their supplemental responses and objections to Plaintiffs' Second Set 24 of Interrogatories (“Interrogatories") served on September 27, 2024. 25 26 27 28 1 META DEFENDANTS' NINTH SUPPLEMENTAL RESPONSES AND OBJECTIONS TO PLAINTIFFS' SECOND SET OF INTERROGATORIES CASE NO. 4:22-MD-03047-YGR Case 4:22-md-03047-YGR Document 2889-70 Filed 03/27/26 HIGHLY CONFIDENTIAL (COMPETITOR) Page 3 of 9 Meta's responses to the Interrogatories are made to the best of its current knowledge, information, 1 2 and belief. Meta reserves the right to further supplement or amend any of its responses should future 3 investigation indicate that such supplementation or amendment is necessary. 4 5 INTERROGATORIES 6 INTERROGATORY 12: 7 For each month in the Relevant Time Period, identify the percentage rate of adoption for each 8 Safety Feature by users of each platform in each State, broken out as follows: in total, of Unidentified 9 Age, of each Reported Age between 0 and 100, and of each Inferred Age between 0 and 100. To the extent a Safety Feature is made available only to non-users (i.e. parents or guardians) identify the percentage rate 10 of adoption as kept by You in the ordinary course of business. 11 SUPPLEMENTAL RESPONSE: 12 Meta incorporates by reference its November 27, 2024 Responses and Objections to Plaintiffs' 13 Second Set of Interrogatories and, in particular, its Statements and Objections to All Interrogatories, 14 15 Objections to Defined Terms and Instructions, and specific objections to Interrogatory No. 12, and its 16 December 21, 2024, March 14, 2025, April 4, 2025, and April 18, 2025 Supplemental Responses and 17 Objections to Plaintiffs' Second Set of Interrogatories as if fully set forth herein. 18 19 20 21 22 23 24 25 26 27 28 Subject to and without waiving the foregoing objections, Meta provides the following supplemental response to Interrogatory No. 12: Meta provides percentage rates of use or adoption among Instagram users predicted by Meta's Adult Classifier model to be Youth for the following safety tools: • Following: 6.02% of users predicted to be Youth and predicted to reside in the U.S. used the "Following view" on Instagram between March 23, 2022 and April 1, 2024. This percentage does not include data between October 23, 2024 and October 25, 2024 because data from those dates is not available. 2 META DEFENDANTS' NINTH SUPPLEMENTAL RESPONSES AND OBJECTIONS TO PLAINTIFFS' SECOND SET OF INTERROGATORIES CASE NO. 4:22-MD-03047-YGR 1 • 2 3 • 4 5 6 7 8 9 10 11 12 • 13 14 15 16 17 18 19 20 21 Case 4:22-md-03047-YGR Document 2889-70 Filed 03/27/26 HIGHLY CONFIDENTIAL (COMPETITOR) Page 4 of 9 Limit Notifications: 0.26% of users predicted to be Youth and predicted to reside in the U.S. used notifications settings to limit notifications on Instagram between April 18, 2025 and May 7, 2025. Take a Break: 0.45% of users predicted to be Youth and predicted to reside in the U.S. had Take a Break enabled on Instagram between January 8, 2023 and September 24, 2024. The Take a Break tool was consolidated into the Daily Limit tool on September 24, 2024 to simplify the time management features available to users predicted to be Youth. This process began taking effect on September 17, 2024. As such, the percentage of use or adoption includes a period of time where the feature was no longer available to some users. Meta provides the following supplemental information with respect to its prior responses to Interrogatory No. 12: • Meta clarifies that the percentage rates of use or adoption it provided in its supplemental responses dated December 21, 2024, February 14, 2025, and April 4, 2025 were for Instagram users predicted to be Youth by Meta's Adult Classifier model. Meta amends the percentage rate of use or adoption for Family Center Supervision provided in its April 4, 2025 response, which noted incorrectly that the data reflects enrollment in Family Center Supervision among users predicted to be Youth on Instagram between March 23, 2025 and March 24, 2025. Meta corrects this description as follows: the Family Center percentage rate of use or adoption reflects enrollment in Family Center Supervision among users predicted to be Youth between November 9, 2023 and March 22, 2025. 22 Meta provides information and percentage rates of use or adoption among Facebook users 23 24 predicted by Meta's Adult Classifier model to be Youth for the following safety tools: 25 Certain safety tools available to all users on Facebook allow users predicted to be Youth to control 26 how other accounts interact with them on their posted content. Meta provides percentage rates of use or 27 adoption for the following reachability tools: 28 3 META DEFENDANTS' NINTH SUPPLEMENTAL RESPONSES AND OBJECTIONS TO PLAINTIFFS' SECOND SET OF INTERROGATORIES - CASE NO. 4:22-MD-03047-YGR Case 4:22-md-03047-YGR Document 2889-70 Filed 03/27/26 Page 5 of 9 HIGHLY CONFIDENTIAL (COMPETITOR) 1 • Turn Off Commenting: 0.00% of users predicted to be Youth and predicted to reside in the U.S. 2 3 4 • 5 6 7 8 9 10 used the Turn Off Commenting tool to disable commenting on their post on Facebook between February 19, 2025 and May 27, 2025. Hide Reactions: 1% of users predicted to be Youth and predicted to reside in the U.S. used the Hide Reactions feature to hide likes on their own posts on Facebook between April 20, 2025 and May 27, 2025. 0.4% of users predicted to be Youth and predicted to reside in the U.S. used the Hide Reactions feature to hide likes on other users' posts on Facebook between April 20, 2025 and May 27, 2025. Certain safety tools available to all users on Facebook help users manage the amount of time they 11 12 are spending on Facebook. Meta provides percentage rates of use or adoption for the following time spent 13 tools: 14 15 Take a Break: 16.3% of users predicted to be Youth and predicted to reside in the U.S. had Take a Break enabled on Facebook between June 2, 2024 and May 27, 2025. 16 • 17 18 Limit Notifications: 7.5% of users predicted to be Youth and predicted to reside in the U.S. used Notification settings or Shortcuts settings to turn off their notifications on Facebook between February 20, 2025 and May 27, 2025. 19 20 Meta provides percentage rates of use or adoption for the following additional safety tools: 21 • Family Center Supervision: 0.15% of users predicted to be Youth and predicted to reside in the 22 U.S. users were enrolled in supervision through Family Center on Facebook at some point between 23 24 • 25 November 5, 2024 and May 27, 2025. Teen Accounts: 0.18% of users predicted to be Youth and predicted to reside in the U.S. were enrolled in Teen Accounts on Facebook between April 8, 2025 and May 27, 2025. 26 27 28 4 META DEFENDANTS' NINTH SUPPLEMENTAL RESPONSES AND OBJECTIONS TO PLAINTIFFS' SECOND SET OF INTERROGATORIES CASE NO. 4:22-MD-03047-YGR Case 4:22-md-03047-YGR Document 2889-70 Filed 03/27/26 Page 6 of 9 HIGHLY CONFIDENTIAL (COMPETITOR) 1 Meta has provided user reporting data in productions responsive to the personal injury Plaintiffs' 2 3 4 Request for Production No. 124 and the State Plaintiffs' Request for Production No. 102. As such, Meta will not provide percentage rates of use or adoption for Live Video Reporting and Dedicated Option for Reporting Eating Disorder Content. 5 6 Meta reserves the right to supplement or modify its response based upon documents or information 7 identified over the course of discovery. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 META DEFENDANTS' NINTH SUPPLEMENTAL RESPONSES AND OBJECTIONS TO PLAINTIFFS' SECOND SET OF INTERROGATORIES CASE NO. 4:22-MD-03047-YGR Case 4:22-md-03047-YGR Document 2889-70 Filed 03/27/26 HIGHLY CONFIDENTIAL (COMPETITOR) Respectfully submitted, Page 7 of 9 COVINGTON & BURLING LLP 1 Dated: June 4, 2025 2 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 /s/ Ashley M. Simonsen Ashley M. Simonsen (State Bar No. 275203) asimonsen@cov.com COVINGTON & BURLING LLP 1999 Avenue of the Stars Los Angeles, CA 90067 Telephone: (424) 332-4800 Facsimile: + 1 (424) 332-4749 Emily Johnson Henn (State Bar No. 269482) ehenn@cov.com COVINGTON & BURLING LLP 3000 El Camino Real 5 Palo Alto Square, 10th Floor Palo Alto, CA 94306 Telephone: + 1 (650) 632-4700 Facsimile: +1 (650) 632-4800 Phyllis A. Jones, pro hac vice pajones@cov.com Paul W. Schmidt, pro hac vice pschmidt@cov.com Michael X. Imbroscio, pro hac vice mimbroscio@cov.com COVINGTON & BURLING LLP One CityCenter 850 Tenth Street, NW Washington, DC 20001-4956 Telephone: + 1 (202) 662-6000 Facsimile: + 1 (202) 662-6291 Attorneys for Defendants Meta Platforms, Inc. f/k/a Facebook, Inc.; Facebook Holdings, LLC; Facebook Operations, LLC; Facebook Payments, Inc.; Facebook Technologies, LLC; Instagram, LLC; Siculus, Inc.; and Mark Elliot Zuckerberg 6 META DEFENDANTS' NINTH SUPPLEMENTAL RESPONSES AND OBJECTIONS TO PLAINTIFFS' SECOND SET OF INTERROGATORIES CASE NO. 4:22-MD-03047-YGR Case 4:22-md-03047-YGR Document 2889-70 Filed 03/27/26 HIGHLY CONFIDENTIAL (COMPETITOR) Page 8 of 9 1 CERTIFICATE OF SERVICE 2 3 4 The undersigned hereby certifies that a copy of the foregoing was served via electronic mail on June 4, 2025 on the following: 5 PSCServiceMDL3047@motleyrice.com 6 ~SnapMDL3047JCCP5255@mto.com 7 john.beisner@skadden.com 8 YT-MDL3047JCCP5255@list.wsgr.com 9 10 YT-ML-MDL3047JCCP5255@morganlewis.com 11 W&C-YT-PL-Cases@wc.com 12 TikTokMDL3047JCCP5255@faegredrinker.com 13 TikTokMDL3047JCCP5255@kslaw.com 14 SM.MDLAGLeads@coag.gov 15 mdl3047coleadfirms@listserv.motleyrice.com 16 Defendants-MDL3047JCCP5255@skaddenlists.com 17 18 19 20 I declare under penalty of perjury that the foregoing is true and correct. Executed on June 4, 2025. 21 DATED: June 4, 2025 By: 22 /s/ Ashley M. Simonsen Ashley M. Simonsen 23 24 25 26 27 28 7 META DEFENDANTS' NINTH SUPPLEMENTAL RESPONSES AND OBJECTIONS TO PLAINTIFFS' SECOND SET OF INTERROGATORIES CASE NO. 4:22-MD-03047-YGR Docusign Envelope &34.22-398-3845--EK3994BF8cument 2889-70 Filed 03/27/26 Page 9 of 9 1 2 I, VERIFICATION am Data Science Manager at Meta. I am authorized to make this Verification 3 for and on behalf of Meta. I have read META'S NINTH SUPPLEMENTAL OBJECTIONS & 4 RESPONSES TO PLAINTIFFS' SECOND SET OF INTERROGATORIES NO. 12, and know the 5 contents thereof. I affirm that I have personal knowledge that the facts set forth therein are true and 6 7 correct, or as to matters that are not within my personal knowledge, that I have made a reasonable inquiry 8 and I am informed and believe that those facts are true and correct. 9 10 I declare under penalty of perjury under the laws of the United States that the foregoing is true San Francisco, CA and correct this 4th day of June, 2025, in 11 12 13 /s/ 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 META DEFENDANTS' NINTH SUPPLEMENTAL RESPONSES AND OBJECTIONS TO PLAINTIFFS' SECOND SET OF INTERROGATORIES CASE NO. 4:22-MD-03047-YGR