Hepting et al v. AT&T Corp. et al

Filing 155

Declaration of Bruce A. Ericson in Support of 154 MOTION to Remove Incorrectly Filed Document re 141 Reply Memorandum, filed byAT&T Corp.. (Related document(s) 154 ) (Ericson, Bruce) (Filed on 5/26/2006)

Hepting et al v. AT&T Corp. et al

Doc. 155

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PILLSBURY WINTHROP SHAW PITTMAN LLP BRUCE A. ERICSON #76342 DAVID L. ANDERSON #149604 JACOB R. SORENSEN #209134 MARC H. AXELBAUM #209855 BRIAN J. WONG #226940 DANIEL J. RICHERT #232208 50 Fremont Street Post Office Box 7880 San Francisco, CA 94120-7880 Telephone: [phone] Facsimile: [phone] Email: [e-mail] SIDLEY AUSTIN LLP DAVID W. CARPENTER (admitted pro hac vice) BRADFORD A. BERENSON (admitted pro hac vice) DAVID L. LAWSON (admitted pro hac vice) EDWARD R. McNICHOLAS (admitted pro hac vice) 1501 K Street, N.W. Washington, D.C. 20005 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants AT&T CORP. and AT&T INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

TASH HEPTING, GREGORY HICKS, CAROLYN JEWEL and ERIK KNUTZEN on Behalf of Themselves and All Others Similarly Situated, Plaintiffs, vs. AT&T CORP., AT&T INC. and DOES 1-20, inclusive, Defendants.

No. C-06-0672-VRW DECLARATION OF BRUCE A. ERICSON IN SUPPORT OF DEFENDANT AT&T CORP.'S ADMINISTRATIVE MOTION TO REMOVE INCORRECTLY FILED DOCUMENT Courtroom: 6, 17th Floor Judge: Hon. Vaughn R. Walker

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Ericson Decl. ISO Motion to Remove Incorrectly Filed Document No. C-06-0672-VRW

Dockets.Justia.com

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I, BRUCE A. ERICSON, declare as follows: 1. I am an attorney licensed to practice law in the State of California and

admitted to practice before this Court, and am a partner of the law firm of Pillsbury Winthrop Shaw Pittman LLP, counsel for defendant AT&T CORP. ("AT&T") and also for specially appearing defendant AT&T INC. Except for those matters stated on information and belief, which I believe to be true, I have personal knowledge of the facts stated herein and, if called as a witness, I could and would competently testify thereto. 2. On May 24, 2006, counsel for AT&T e-filed a version of the Reply

Memorandum of Defendant AT&T Corp. in Response to Court's May 17, 2006 Minute Order (Dkt. 141; "Redacted Reply"). At the time, counsel for AT&T did not know that the e-filed version could be manipulated by someone with the requisite computer skills to reveal the redacted text. 3. On the morning on May 26, 2006, I was contacted via e-mail by Candace

Lombardi of CNET News.com and told that "CNET News.com has learned that portions of the redacted material filed with the court are readable using certain computer programs." 4. Later, CNET News.com published an article claiming that the Redacted

Reply was the pleading in which CNET News was able view redacted material. This was the first time that AT&T learned that redacted text in the Redacted Reply could be viewed if manipulated. 5. Upon learning this fact, counsel for AT&T immediately contacted the Court

and had the Redacted Reply locked to prevent public access. Shortly thereafter, AT&T efiled a replacement version of the Redacted Reply with the Court; it is Dkt. 150. I declare under penalty of perjury that the foregoing is true and correct. Executed on May 26, 2006, at San Francisco, California. /s/ Bruce A. Ericson Bruce A. Ericson

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Ericson Decl. ISO Motion to Remove Incorrectly Filed Document No. C-06-0672-VRW