Facebook, Inc. v. Fisher et al

Filing 64

MOTION to Remove Incorrectly Filed Document 58-4 and File Exhibit D to the Declaration of Ryan Mrazik in Support of Plaintiff Facebook, Inc.'s Administrative Request for Order Directing Release of Computer Under Seal filed by Facebook, Inc.. (Attachments: # 1 Proposed Order)(McCullagh, James) (Filed on 6/30/2010)

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Facebook, Inc. v. Fisher et al Doc. 64 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Brian Hennessy State Bar No. 226721 bhennessy@perkinscoie.com PERKINS COIE LLP 101 Jefferson Drive Menlo Park, California 94025 Telephone: 650.838.4300 Facsimile: 650.838.4350 James McCullagh, pro hac vice jmccullagh@perkinscoie.com Joseph Cutler, pro hac vice jcutler@perkinscoie.com PERKINS COIE LLP 1201 Third Avenue, Suite 4800 Seattle, Washington 98101 Telephone: 206.359.8000 Facsimile: 206.359.9000 Attorneys for Plaintiff FACEBOOK, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION FACEBOOK, INC., a Delaware corporation, Plaintiff, v. JEREMI FISHER; PHILIP POREMBSKI; RYAN SHIMEALL; and JOHN DOES 125, individuals; and CHOKO SYSTEMS LLC; HARM, INC.; PP WEB SERVICES LLC, iMEDIA ONLINE SERVICES LLC, and JOHN DOES 26-50, corporations, Defendants. Case No. C 09-05842 JF PLAINTIFF FACEBOOK, INC.'S MOTION TO REMOVE ELECTRONIC DOCKET ENTRY 58-4 AND FILE EXHIBIT D TO THE DECLARATION OF RYAN T. MRAZIK IN SUPPORT OF PLAINTIFF FACEBOOK INC.'S ADMINISTRATIVE REQUEST FOR ORDER DIRECTING RELEASE OF COMPUTER UNDER SEAL 60406-0005/LEGAL18648869.1 -1- MOTION TO REMOVE DE 58-4 AND FILE EXHIBIT D UNDER SEAL C 09-05842 JF Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. INTRODUCTION Pursuant to Civil Local Rules 7-11 and 79-5(c), plaintiff Facebook, Inc. ("Facebook") respectfully requests that the court remove Exhibit D to the Declaration of Ryan Mrazik In Support Of Plaintiff Facebook Inc.'s Administrative Request For Order Directing Release of Computer and place it under seal because certain portions of that document contain personal information. Good cause exists justifying the filing of portions of the above document under seal because the requested relief is necessary and narrowly tailored to protect confidential and personal information of the citizen that filed a police report with the Sacramento Sheriff's Department. The citizen has contacted Facebook and requested that certain personal information be redacted and not made available to the public. Pursuant to Local Rule 79-5 this request is supported by the Declaration of Ryan T. Mrazik in Support of Motion To Remove Exhibit and File Under Seal ("Mrazik Decl.") and is accompanied by a proposed order. II. ARGUMENT Federal Rule of Civil Procedure 5(a) requires the redaction of certain information including the year of the individual's birth. In addition, upon a showing of good cause, a court may order in a case redaction of personal information for which redaction is not otherwise required. Fed. R. Civ. P. 5(e). In particular, a court may deny access to the public where documents could "become a vehicle for improper purposes." Hagestad v. Tragesser, 49 F.3d 1430, 1433-34 (9th Cir. 1995). Good cause exists to redact certain personal information concerning the witness who filed an abandoned property report with the Sacramento Sheriff's department. Counsel for Facebook was contacted on June 30, 2010, by a family member of the witness who was concerned about the disclosure of the witness' personal information that was contained in the Sheriff Report that is attached as Exhibit D to the Declaration of Ryan T. Mrazik in Support of Plaintiff Facebook Inc.'s Administrative Request for Order Directing Release of Computer. Mrazik Decl. 2. The family member informed Facebook that there were concerns for the family's privacy and safety and requested that Facebook withdraw the previously submitted exhibit and replace it with a copy 60406-0005/LEGAL18648869.1 -2- MOTION TO REMOVE DE 58-4 AND FILE EXHIBIT D UNDER SEAL C 09-05842 JF 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 that redacts the witness's first name, year of birth, driver's license number, address and telephone number. Mrazik Decl. 3 The information requested to be redacted does not affect the substance of the relief requested by Facebook and Facebook accordingly requests that the Court grant this motion to remove the previously filed document and to file under seal the identified portions of the abovereferenced document. Dated: June 30, 2010 By: PERKINS COIE LLP /s/ James R. McCullagh___________ James McCullagh Attorney for Plaintiff Facebook, Inc. 60406-0005/LEGAL18648869.1 -3- MOTION TO REMOVE DE 58-4 AND FILE EXHIBIT D UNDER SEAL C 09-05842 JF

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