Miller v. Facebook, Inc. et al

Filing 131

Declaration of Morvarid Metanat in Support of 113 Administrative Motion to File Under Seal Pursuant to Civil Local Rules 7-11 and 79-5 filed byFacebook, Inc.. (Attachments: # 1 Proposed Order)(Related document(s) 113 ) (Metanat, Morvarid) (Filed on 3/10/2011)

Miller v. Facebook, Inc. et al

Doc. 131

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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 PLAINTIFF'S MOTION FOR ADMINISTRATIVE RELIEF TO FILE UNDER SEAL PORTIONS OF THE EXPERT REPORT OF KRISTA HOLT, PORTIONS OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, AND EXHIBIT J THERETO 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 Plaintiff's Administrative Motion, pursuant to General Order 62 and Civil Local Rule 79-5(b) and 79-5(c), to file under seal portions of the Expert Report of Krista Holt, dated February 14, 2011; portions of Plaintiff's Motion for Summary Judgment; and a screenshot of a Facebook proprietary system, Bates numbered FBMI000381. I make this Declaration based on facts made known to me, unless otherwise stated. Expert Report of Krista Holt And Excerpts in Motion for Summary Judgment 1. The Expert Report of Krista Holt is attached as Exhibit L to Plaintiff's Motion for Summary Judgment (Dkt. No. 112). Portions of the Holt Report have been designated HIGHLYCONFIDENTIAL--ATTORNEYS EYES ONLY pursuant to the Parties' Protective Order, dated November 23, 2010, and have recently been ordered sealed by this Court. Dkt. No. 128. Plaintiff's Motion for Summary Judgment includes excerpts from the Holt Report that have been designated HIGHLY-CONFIDENTIAL pursuant to the parties Protective Order and sealed by this Court. Id. 2. Facebook seeks to seal portions of the Holt Report and portions of Plaintiff's Motion for Summary Judgment, which incorporate excerpts from the Holt Report. These materials contain both Facebook's and its outside counsel's confidential business information. Specifically, the Holt Report (and excerpts therefrom) 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 that are 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 Report and excerpts 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 -1METANAT DECL. ISO OF PLAINTIFF'S MOTION TO SEAL 3:10-CV-00264 (WHA)

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private financial and business deals. As for Orrick, it does not disclose 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 on Pages 4, 5, and 6, as well as footnote 18 of the Holt Report; and Pages 9 and 12, as well as footnote 3 of Plaintiff's Motion for Summary Judgment be sealed from the public record. 3. On March 7, 2011, the Court granted Facebook's Motion to Seal this information contained in the Declaration of Krista Holt in Support of Facebook's Motion for Summary Judgment. See Dkt. Nos. 122, 128. Confidential Screenshot, Numbered FBMI000381 4. A screenshot produced in this matter by Facebook, and Bates numbered FBMI000381, is attached as Exhibit J to Plaintiff's Motion for Summary Judgment. This document has been designated CONFIDENTIAL pursuant to the Parties' Protective Order. 5. Facebook seeks to seal this document because it depicts an internal tool and system that are not publicly available. Document FBMI000381 is a screenshot taken from the output of a proprietary, internal tool accessible only by Facebook employees. The document refers to internal tools and metrics that are part of the larger system and tools that make Facebook competitive. Public disclosure of the document would unnecessarily provide insight into Facebook's proprietary systems, and could have adverse consequences for Facebook's business and competitive practices. 6. Given that Facebook did not have a mechanism by which to file this declaration under seal, it could not provide a more detailed description of FBMI000391. However, if the Court so requires, Facebook will provide, under seal, additional details regarding the confidential nature of the document. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 10th day of March, 2011 at Menlo Park, California. -2METANAT DECL. ISO PLAINTIFF'S MOTION TO SEAL 5:10-CV-00264 (WA)

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/s/ Morvarid Metanat Morvarid Metanat