Miller v. Facebook, Inc. et al

Filing 122

Administrative Motion to File Under Seal filed by Facebook, Inc.. (Attachments: # 1 Declaration, # 2 Proposed Order)(Metanat, Morvarid) (Filed on 3/3/2011)

Miller v. Facebook, Inc. et al

Doc. 122 Att. 1

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I. NEEL CHATTERJEE (STATE BAR NO. 173985) [e-mail] JULIO C. AVALOS (STATE BAR NO. 255350) [e-mail] MORVARID METANAT (STATE BAR NO. 268228) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: 650-614-7401 Attorneys for Defendant FACEBOOK, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

DANIEL M. MILLER, Plaintiff, v. FACEBOOK, INC. and YAO WEI YEO, Defendants.

Case No. 3:10-CV-00264 (WHA) DECLARATION OF MORVARID METANAT IN SUPPORT OF FACEBOOK INC.'S MOTION FOR ADMINISTRATIVE RELIEF TO FILE UNDER SEAL CERTAIN PORTIONS OF THE HOLT DECLARATION PURSUANT TO GENERAL ORDER 62 AND CIVIL LOCAL RULE 79-5(B) AND (C) Court: Judge: Courtroom 9, 19th Floor Honorable William Alsup

METANAT DECL. ISO OF FACEBOOK'S MOTION TO SEAL 3:10-CV-00264 (WHA)

Dockets.Justia.com

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I, Morvarid Metanat, declare: I am an attorney with the law firm of Orrick, Herrington & Sutcliffe LLP and counsel for Defendant Facebook, Inc., I make this declaration in support of Facebook's Administrative Motion, pursuant to General Order 62 and Civil Local Rule 79-5(b) and 79-5(c), to file portions of the March 3, 2011 Declaration of Krista Holt in Support of Facebook's Motion for Summary Judgment re Breach of Contract Counterclaim ("Holt Declaration") and Exhibits B, C, and D, attached thereto. I make this Declaration based on facts made known to me, unless otherwise stated. 1. The Holt Declaration and its attached exhibits have been designated HIGHLY-

CONFIDENTIAL--ATTORNEYS EYES ONLY pursuant to the Parties' Protective Order, dated November 23, 2010. 2. Facebook seeks to seal portions of the Holt Declaration and Exhibits B, C, and D,

because they contain both Facebook's and its outside counsel's confidential business information. Specifically, the Declaration and its attachments discuss confidential billing rates for Facebook's outside counsel--Orrick, Herrington & Sutcliffe LLP. Orrick's billing rates for its attorneys and paralegals are highly confidential financial information, not generally known to the public. Similarly, Facebook, a private company, does not disclose its attorneys' fees and expenses publicly because it considers such information highly sensitive. Both portions of the Holt Declaration and its Exhibits B, C, and D specifically refer to Orrick's private billing rates, fees and/or computations based on such figures, as well as details of its work product. Harm to Facebook and Orrick could result if this information is not protected from disclosure through public filing. Specifically, public disclosure of Facebook's private financial matters could affect its ability to effectively negotiate private financial and business deals. As for Orrick, it does not discloses its attorney rates, expenses or work product publicly and, if forced to do so, its competitive advantage in the legal market place could be adversely affected, including with respect to other clients and/or matters for which it is or may be retained. For these reasons, Facebook respectfully requests that the specific monetary and hourly figures contained in Paragraphs 10, 11, 13, and 15, as well as Footnote 1, of the Holt Declaration and exhibits B, C, -1METANAT DECL. ISO OF FACEBOOK'S MOTION TO SEAL 3:10-CV-00264 (WHA)

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and D thereto be sealed from the public record. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 3rd day of March, 2011 at Menlo Park, California.

/s/ Morvarid Metanat Morvarid Metanat

ORRICK, HERRINGTON & SUTCLIFFE LLP

Morvarid Metanat Attorneys for Defendant FACEBOOK, INC.

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METANAT DECL. ISO FACEBOOK'S MOTION TO SEAL 5:10-CV-00264 (WA)