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

Filing 52

Declaration of Bruce A. Ericson in Support of 51 Notice (Other) Sealing Documents [Dkt. 30-32] filed byAT&T Corp., AT&T Inc.. (Related document(s) 51 ) (Ericson, Bruce) (Filed on 4/12/2006)

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

Doc. 52

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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 SEALING DOCUMENTS [DKT. 3032] [Civ. L.R. 7-11, 79-5] Courtroom: 6, 17th Floor Judge: Hon. Vaughn R. Walker

Filed concurrently: 1. Memo of Points and Authorities 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 defendant AT&T CORP. ("AT&T") and also for specially appearing defendant AT&T INC. (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. On April 5, 2006, plaintiffs served defendants with copies of the following

documents, which they also lodged with the Court under seal, pursuant to Civil Local Rule 79-5(d): (a) Plaintiffs' Amended Notice of Motion and Motion for Preliminary

Injunction; Plaintiffs' Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction ("Preliminary Injunction Memorandum") (see Dkt. 30); (b) Declaration of Mark Klein in Support of Plaintiffs' Motion for

Preliminary Injunction (with exhibits) ("Confidential Klein Declaration") (see Dkt. 31); and (c) Declaration of J. Scott Marcus in Support of Plaintiffs' Motion for

Preliminary Injunction (with exhibits) ("Confidential Marcus Declaration") (see Dkt. 32). I will refer to these collectively as the "Lodged Documents." 3. I am informed and believe that the three exhibits attached as Exhibits A, B

and C to the Confidential Klein Declaration constitute confidential, proprietary, trade secret information owned by AT&T. I will refer to these three exhibits as the "Confidential Documents." The remainder of the Lodged Documents are derived from and entirely dependent upon the Confidential Documents.

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Declaration of Bruce A. Ericson in Support of Sealing Documents No. C-06-0672-VRW

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4.

As discussed more fully in the Declaration of James W. Russell in Support

of Motion of Defendant AT&T Corp. to Compel Return of Confidential Documents, filed under seal on April 10, 2006 (see Dkt. 40) and incorporated herein by reference ("Confidential Russell Declaration"), the Lodged Documents contain detailed non-public information about critical communications infrastructure operated by AT&T. 5. As discussed more fully in the Confidential Russell Declaration, 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. 6. As discussed more fully in the Confidential Russell Declaration, AT&T is

careful to preserve the confidentiality of information contained in the Lodged Documents, and public disclosure of the information contained therein could endanger AT&T's ability to provide services and carry out its business activities. Exposure to the threats that would arise from disclosure of the Lodged Documents would harm AT&T and its customers. 7. The Lodged Documents 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 12th 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 Sealing Documents No. C-06-0672-VRW