In re Meta Pixel Healthcare Litigation

Summary

The court resolves a discovery dispute concerning whether plaintiffs may depose Meta CEO Mark Zuckerberg in the Meta Pixel Healthcare Litigation. The court finds that Zuckerberg is likely to possess some unique first-hand knowledge relevant to the case but limits the deposition to privacy-related facts known through his role under the FTC Consent Order and as a decision maker. The deposition is limited to three hours, must occur by May 30, 2025 absent stipulation, and counts against plaintiffs’ allotment of 12 individual depositions.

Holdings

1. Plaintiffs may depose Zuckerberg because they showed that he was likely to have at least some unique first-hand knowledge of facts relevant to a claim or defense by virtue of his role under the FTC Consent Order and as a decision maker regarding privacy-related matters.
2. The deposition must be limited to facts known to Zuckerberg by virtue of his role under the FTC Consent Order and his participation as a decision maker regarding privacy-related matters relevant to the case; it may not be used to obtain information about how Meta implemented the pixel, what data it obtained, how it used the data, or how it implemented privacy protections when that information is available from other witnesses or less intrusive means.

Questions Presented

1. Whether plaintiffs demonstrated sufficient grounds to take the deposition of Meta CEO Mark Zuckerberg despite the limitations applicable to apex depositions.
2. Whether the scope and timing of Zuckerberg's deposition should be limited to prevent undue burden, abuse, or harassment.

Disposition

other