Xiaoning et al v. Yahoo! Inc, et al

Filing 58

Declaration of Matthew T. Kline in Support of 57 MOTION for Protective Order filed byYahoo! Inc.. (Related document(s) 57 ) (Petrocelli, Daniel) (Filed on 8/15/2007) Modified on 8/16/2007 (cp, COURT STAFF).

Download PDF

Xiaoning et al v. Yahoo! Inc, et al Doc. 58 Case 4:07-cv-02151-CW 1 2 3 4 5 6 7 8 Document 58 Filed 08/15/2007 Page 1 of 33 DANIEL M. PETROCELLI (s.B. #97802) dpetrocel^^ c^,omm.com MATTHEW T. KLINE (s.^. #2^ X640) mkl�ne ,omm.com O'MELVENY & MYERS LLP 1999 Avenue Of The Stars Los Angeles, California 90067-6035 Main Number: (310) 553-6700 Facsimile: (310) 246-6779 Attorneys for Defendant YAHOO!, INC. and Specially Appearing Defendant YAHOO! HONG KONG, LTD. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION WANG XIAONING, YU LING, SHI TAO, and ADDITIONAL PRESENTLY UNNAMED AND TO BE IDENTIFIED INDIVIDUALS, Pla�nt�ff, Judge: Hon. Claudia W�lken v. YAHOO!, INC., a Delaware Corporation, YAHOO! HONG KONG, LTD., a Foreign Subsidiary of Yahoo!, ALIBABA.COM, INC. a Delaware Corporation, AND OTHER PRESENTLY I;^NNAMED AND TO BE IDENTIFIED INDIVIDUAL EMPLOYEES OF SAID CORPORATIONS, Defendant. Case No. C07-02151 CW DECLARATION MATTHEW T. KLINE I SUPPORT OF DEFENDANTS ' MOTION FOR ENTRY OF A PROTECTIVE ORDE I, Ma^^^^w T. K^,^N^, declare: 1. I am an attorney in the law f�rrr^ of O'Melveny & Myers, LLP, attorney of record for defendant Yahoo!, Inc. ("Yahoo!") and specially appearing for defendant Yahoo! Hong Kong, Ltd ("YHKL"). I submit this declaration �n support of Defendants' Motion for Entry of a Protective Order. Except where indicated otherwise, I have personal knowledge of the facts stated herein and, �f called as a witness, I could and would testify competently thereto. 2. Attached hereto as Exhibit A �s a redline showing the differences between defendants' proposed order and this Court's form protective order, which can be found at col-o^^s^ cw DECL. OF M. KLINE Dockets.Justia.com Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 2 of 33 1 2 3 4 5 6 7 8 http://www.cand.�scourts.gov/cand/form.nsf/781 ^fd3053452aef88256d4a0058fb31/Se428ee77bf 8e03b88256dd3045d9450/$FILE/Stip�latedFrotectiveOrder-1-03.i^df. 3. Over the past several weeks, the parties have conferred regarding a stipulated protective order in this case. On July 26, 2007, I ema�led pla�nt�ffs' counsel a draft protective order. The draft order was based on the Northern District of California's form protective order. The parties discussed our proposed protective order on a conference call on August 8, 2007. I participated �n the call along with my colleague Daniel Petrocell�. Morton Sklar and several of his colleagues participated for the pla�nt�ffs. During that call, Mr. Sklar said he was not opposed to the protective order in principle, but had concerns with the text of the draft order and �t was his position that any protective order had to be "linked" to discovery. We asked Mr. Sklar to provide specific, proposed edits to the order. We also asked him to explain what he meant by linking the order with discovery, as it was our understanding that the Federal Rules of Civil Procedure and the Court's local rules and orders would govern discovery. We explained that to the extent he was asking for concessions or commitments about discovery matters as a quid pro quo for agreeing to a protective order, we would not agree to such a condition, especially given that there was good cause far the order, in our view, given that we would be citing trade secret information �n YHKL's motion to dismiss for lack of personal jurisdiction. Mr. Sklar agreed to provide us specific edits and to elaborate on his point about discovery. 4. The next day, August 9, I sent Mr. Sklar an email asking him to detail his objections to our draft protective order. On August 10, Mr. Sklar sent me an email reasserting his general objections to the draft order, but not proposing specific edits. Later that same day, I responded to Mr. Sklar's email and tried to address his objections. Mr. Sklar and I traded further ema�ls over the next few days, and I again asked him to provide us specific line edits to the proposed order. A true and correct copy of this email string is attached hereto as Exhibit B. 5. On August 14, Mr. Sklar sent me an email setting forth his objections and agreeing we had reached an impasse. In the email, he reasserted his objections to our proposed order, but does not propose specific revisions. On August 15, Mr. Sklar sent another email, offering to agree to keep information YHKL produced as part of its motion to dismiss confidential on "an C07-02151 CW DECL. OF M. KLINE -2- Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 3 of 33 1 2 3 4 5 b 7 8 interim and temporary basis." However, Mr. Sklar ' s offer was contingent on our agreeing to conditions that I had already informed Mr. Sklar were, in our view, unacceptable. A true and correct copy of this email string �s attached hereto as Exhibit C. 6. Defendants ' motions to d�sm�ss must be filed by August 27. YHKL will be moving to d�sm�ss the case for lack of personal jurisdiction. As part of that motion, YHKL intends to cite evidence describing the amount of traffic its webs�te receives, as well as the potion of that traffic that originates from computers based in California . It also intends to provide certain confidential financial information. 7. Based on our work �n this case, I am informed and believe that Yahoo!, YHKL, and their peers and competitors consider such information to be sensitive trade secret information and that both companies keep that �nfor^nation highly confidential and limit its dissemination both inside and outside their companies . It �s also my understanding that the methods that Yahoo! and YHKL use to track the traffic that their websites receive �s proprietary �nfor^nat�on that those companies keep confidential. It is my understanding as well that public disclosure of this information would put Yahoo! and YHKL at a competitive disadvantage. 8. Defendants ' motions to d�sm�ss are currently due on August 27-before the Court will hear Defendants ' motion for a protective order. Accordingly , YHKL w�11 omit any confidential information from its moving papers and, instead, w�11 provide those details if this Court enters a protective order. I declare under penalty of perjury under the laws of the United States that the foregoing �s true and correct. Executed �n Los Angeles, California on this 15th day of August 2007. ^ Matthew T. Kline CC1:76906 L 1 cos-o^^s^ cw DECL. OF M. KLINE -3 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 4 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 5 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 6 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 7 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 8 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 9 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 10 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 11 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 12 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 13 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 14 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 15 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 16 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 17 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 18 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 19 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 20 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 21 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 22 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 23 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 24 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 25 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 26 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 27 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 28 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 29 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 30 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 31 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 32 of 33 Case 4:07-cv-02151-CW Document 58 Filed 08/15/2007 Page 33 of 33

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?