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

Filing 39

Declaration of Bruce A. Ericson in Support of 38 MOTION to Seal Motion to Compel Return of Confidential Documents and Declaration of James W. Russell filed byAT&T Corp., AT&T Inc.. (Related document(s) 38 ) (Ericson, Bruce) (Filed on 4/10/2006)

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

Doc. 39

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PILLSBURY WINTHROP SHAW PITTMAN LLP BRUCE A. ERICSON #76342 DAVID L. ANDERSON #149604 PATRICK S. THOMPSON #160804 JACOB R. SORENSEN #209134 BRIAN J. WONG #226940 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 (pro hac vice application pending) BRADFORD A. BERENSON (pro hac vice application pending) DAVID L. LAWSON (pro hac vice application pending) EDWARD R. MCNICHOLAS (pro hac vice application pending) 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 MOTION OF DEFENDANT AT&T CORP. TO FILE DOCUMENTS UNDER SEAL [Civ. L.R. 7-11, 79-5] Courtroom: 6, 17th Floor Judge: Hon. Vaughn R. Walker Filed concurrently: 1. Motion to File Documents Under Seal 2. Proposed Order

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Declaration of Bruce A. Ericson in Support of AT&T Corp.'s Motion to Seal Documents 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 movant/defendant AT&T CORP. ("AT&T") and also for specially appearing defendant AT&T INC., which is not a party to this motion (AT&T and AT&T Inc. are collectively referred to as the "defendants"). 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. The Motion of Defendant AT&T Corp. to Compel Return of Confidential

Documents; Supporting Memorandum (the "Confidential Motion") and the Declaration of James W. Russell in Support of Motion of Defendant AT&T Corp. to Compel Return of Confidential Documents (the "Confidential Russell Declaration") contain detailed discussion of certain confidential documents (the "Confidential Documents") of which AT&T seeks return. 3. The Confidential Documents contain detailed non-public information about

critical communications infrastructure operated by AT&T. 4. I am informed and believe that AT&T considers the information in the

Confidential Documents highly confidential and proprietary, and such information has value generally unknown to the public or AT&T's competitors. 5. I am informed and believe that AT&T is careful to preserve the

confidentiality of information contained in the Confidential Documents, and public disclosure of the information contained in the Confidential Documents could create great risk to AT&T's ability to provide services and carry out its business activities. Exposure to the threats that would arise from disclosure of the Confidential Documents would harm AT&T and its customers, which include businesses, federal, state and local government, and private individuals.

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Declaration of Bruce A. Ericson in Support of AT&T's Motion to Seal Documents No. C-06-0672-VRW

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6.

The Confidential Motion and the Confidential Russell Declaration describe

the contents of the Confidential Documents in great detail. Putting them into the public record of this Court would injure AT&T in the same way as making the Confidential Documents themselves public. I declare under penalty of perjury under the laws of the State of California and the United States that the foregoing is true and correct. Executed this 10th day of April, 2006, at San Francisco, California.

/s/ Bruce A. Ericson____ Bruce A. Ericson

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Declaration of Bruce A. Ericson in Support of AT&T's Motion to Seal Documents No. C-06-0672-VRW