Six4three, LLC v. Facebook, Inc.

Filing 23

Declaration of David S. Godkin in Support of Plaintiff's #24 Reply to Defendant's #20 Opposition to Plaintiff's #12 Motion to Remand, filed by Six4three, LLC. (Attachments: #1 Exhibit 1, #2 Errata 2, #3 Exhibit 3, #4 Exhibit 3 UNREDACTED, #5 Exhibit 4, #6 Exhibit 4 UNREDACED, #7 Exhibit 5, #8 Exhibit 5 UNREDACTGED, #9 Exhibit 6, #10 Exhibit 6 UNREDACTED, #11 Exhibit 7, #12 Exhibit 7 UNREDACTED, #13 Exhibit 8, #14 Exhibit 8 UNREDACTED, #15 Exhibit 9, #16 Exhibit 9 UNREDACTED, #17 Exhibit 10, #18 Exhibit 10 UNREDACTED, #19 Exhibit 11, #20 Exhibit 11 UNREDACTED, #21 Exhibit 12, #22 Exhibit 12 UNREDACTED, #23 Exhibit 13, #24 Exhibit 13 UNREDACTED, #25 Exhibit 14, #26 Exhibit 14 UNREDACTED, #27 Exhibit 15, #28 Exhibit 15 UNREDACTED, #29 Exhibit 16, #30 Exhibit 16 UNREDACTED, #31 Exhibit 17, #32 Exhibit 17 UNREDACTED, #33 Exhibit 18, #34 Exhibit 18 UNREDACTED, #35 Exhibit 19, #36 Exhibit 19 UNREDACTED)(Related document(s) #22 ) (Godkin, David) (Filed on 2/9/2017) Modified on 2/10/2017 (alsS, COURT STAFF).

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Basil P. Fthenakis, Esq. (88399)
CRITERION LAW
2225 E. Bayshore Road, Suite 200
Palo Alto, California 94303
Tel. [phone]
Fax. [phone]
[e-mail]
Of counsel:
David S. Godkin (Admitted pro hac vice)
James E. Kruzer (Admitted pro hac vice)
BIRNBAUM & GODKIN, LLP
280 Summer Street
Boston, MA 02210
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiff,
SIX4THREE, LLC, a Delaware
limited liability company

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SIX4THREE, LLC, a Delaware limited
liability company,

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Plaintiff,
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v.
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FACEBOOK, INC., a Delaware corporation, )
and DOES 1 through 50, inclusive
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Defendants.
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Case No. 3:17-cv-00359-WHA
DECLARATION OF DAVID S.
GODKIN IN SUPPORT OF
PLAINTIFF’S REPLY TO
DEFENDANT’S OPPOSITION TO
PLAINTIFF’S MOTION TO REMAND
Date: February 16, 2017
Time: 8:00AM
Ctrm: 8
Judge: Honorable William H. Alsup

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Case No. 3:17-cv-00359-WHA

DSG REPLY DECLARATION

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I, David Godkin, declare:
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I am a partner at the law firm of Birnbaum & Godkin LLP and counsel for

Six4Three, LLC (“643”) in the above-captioned action.
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I submit this Declaration in satisfaction of Civil L.R. 7-2 and 7-5.

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A true and correct copy of the operative complaint filed by plaintiff in National

Credit Reporting Ass’n v. Experian Info. Solutions, Inc., U.S. Dist. LEXIS 17303 (N.D. Cal. July

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21, 2004) is attached as Exhibit 1.
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A true and correct copy of the operative complaint filed by plaintiff in In re Nat’l

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Football Leagues Sunday Ticket Antitrust Litig., 2016 U.S. Dist. LEXIS 41639 (C.D. Cal. Mar.

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28, 2016) is attached as Exhibit 2.

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5.

A true and correct copy of the letter I sent to Facebook’s Counsel on January 10,

2017 summarizing Six4Three’s review of discovery to date and summarizing the basis for its

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Motion to Compel production of documents in the custody of key Facebook executives is
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attached as Exhibit 3. This document contains selections and characterizations of documents

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which Facebook designated “Confidential” pursuant to Section 2 of the Protective Order entered

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into in the state court case by Judge Jonathan Karesh of the San Mateo Superior Court on

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October 25, 2016.

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6.

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A true and correct copy of Bates Stamp FB-00061365 is attached as Exhibit 4.

This document has been designated by Facebook as “Confidential” pursuant to the Protective

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Order in the state-court action.
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Case No. 3:17-cv-00359-WHA

DSG REPLY DECLARATION

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7.

A true and correct copy of Bates Stamp FB-00423235 is attached as Exhibit 5.

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This document has been designated by Facebook as “Confidential” pursuant to the Protective

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Order in the state-court action.

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A true and correct copy of Bates Stamp FB-00061249 is attached as Exhibit 6.

This document has been designated by Facebook as “Confidential” pursuant to the Protective
Order in the state-court action.

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A true and correct copy of Bates Stamp FB-00061437 is attached as Exhibit 7.

This document has been designated by Facebook as “Confidential” pursuant to the Protective
Order in the state-court action.
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A true and correct copy of Bates Stamp FB-00427400 is attached as Exhibit 8.

This document has been designated by Facebook as “Confidential” pursuant to the Protective
Order in the state-court action.

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11.

A true and correct copy of Bates Stamp FB-00427604 is attached as Exhibit 9.

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This document has been designated by Facebook as “Confidential” pursuant to the Protective
Order in the state-court action.
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A true and correct copy of Bates Stamp FB-00031050 is attached as Exhibit 10.

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This document has been designated by Facebook as “Confidential” pursuant to the Protective

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Order in the state-court action.

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A true and correct copy of Bates Stamp FB-00043884 is attached as Exhibit 11.

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This document has been designated by Facebook as “Confidential” pursuant to the Protective
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Order in the state-court action.

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Case No. 3:17-cv-00359-WHA

DSG REPLY DECLARATION

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A true and correct copy of Bates Stamp FB-00042856 is attached as Exhibit 12.

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This document has been designated by Facebook as “Confidential” pursuant to the Protective

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Order in the state-court action.

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A true and correct copy of Bates Stamp FB-00042899 is attached as Exhibit 13.

This document has been designated by Facebook as “Confidential” pursuant to the Protective
Order in the state-court action.

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A true and correct copy of Bates Stamp FB-00042373 is attached as Exhibit 14.

This document has been designated by Facebook as “Confidential” pursuant to the Protective
Order in the state-court action.
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A true and correct copy of Bates Stamp FB-00043830 is attached as Exhibit 15.

This document has been designated by Facebook as “Confidential” pursuant to the Protective
Order in the state-court action.

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A true and correct copy of Bates Stamp FB-00045735 is attached as Exhibit 16.

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This document has been designated by Facebook as “Confidential” pursuant to the Protective
Order in the state-court action.
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A true and correct copy of Bates Stamp FB-00047134 is attached as Exhibit 17.

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This document has been designated by Facebook as “Confidential” pursuant to the Protective

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Order in the state-court action.

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A true and correct copy of Bates Stamp FB-00047035 is attached as Exhibit 18.

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This document has been designated by Facebook as “Confidential” pursuant to the Protective
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Order in the state-court action.

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Case No. 3:17-cv-00359-WHA

DSG REPLY DECLARATION

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A true and correct copy of Bates Stamp FB-00044220 is attached as Exhibit 19.

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This document has been designated by Facebook as “Confidential” pursuant to the Protective

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Order in the state-court action.

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I declare the foregoing to be true and correct as of the date listed immediately below.

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DATED: February 9, 2017
By: /s/David S. Godkin
David S. Godkin
Attorney for Six4Three, LLC

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CERTIFICATE OF SERVICE

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The undersigned hereby certifies, under penalty of perjury under the laws of the State of

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California, that I electronically filed the foregoing document with the Clerk of the Court using

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the CM/ECF system which will send notification of such filing to the following:

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Sonal N. Mehta
Laura E. Miller
Catherine Y. Kim
Durie Tangri LLP
217 Leidesdorff Street
San Francisco, CA 94111
[e-mail]
[e-mail]
[e-mail]
DATED: February 9, 2017

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By:

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/s/ David S. Godkin
David S. Godkin

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Case No. 3:17-cv-00359-WHA

DSG REPLY DECLARATION

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