In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 106

RESPONSE (re #104 Administrative Motion to File Under Seal ) to Plaintiffs' Administrative Motion to File Under Seal filed byFacebook Inc.. (Attachments: #1 Declaration of Natalie Naugle in Support of Defendant Facebook, Inc.'s Response to Plaintiffs' Administrative Motion to File Under Seal, #2 Proposed Order Granting in Part Plaintiffs' Administrative Motion to File Under Seal)(Brown, Matthew) (Filed on 2/22/2016)

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COOLEY LLP
MICHAEL G. RHODES (116127)
([e-mail])
MATTHEW D. BROWN (196972)
([e-mail])
JEFFREY M. GUTKIN (216083)
([e-mail])
KYLE C. WONG (224021)
([e-mail])
101 California Street
5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
FACEBOOK, INC.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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In re: Facebook Internet Tracking Litigation

Case No. 5:12-md-02314 EJD

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DECLARATION OF NATALIE NAUGLE IN
SUPPORT OF DEFENDANT FACEBOOK,
INC.’S RESPONSE TO PLAINTIFFS’
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL

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DATE:
TIME:
COURTROOM:
JUDGE:

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April 28, 2016
9:00 a.m.
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Hon. Edward J. Davila

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I, Natalie Naugle, declare as follows:

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1.

I am Associate General Counsel for Litigation for Defendant Facebook, Inc.

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(“Facebook”). I submit this declaration in response to Plaintiffs’ Administrative Motion to File

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Portions of Memorandum of Points and Authorities in Opposition to Facebook’s Motion to Dismiss

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Under Seal, filed on February 18, 2015 (Dkt. No. 104) (“Administrative Motion”). Except as

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otherwise noted, I have personal knowledge of the facts set forth below and, if called as a witness to

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testify, could and would testify competently thereto.

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

1.

DECL. OF NATALIE NAUGLE I/S/O FACEBOOK,
INC.’S RESPONSE TO PLFS’ ADMIN MOTION TO
FILE UNDER SEAL – CASE NO. 5:12-MD-02314 EJD

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Plaintiffs’ Opposition, Exhibit 2 to the Straite Declaration
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Exhibit 2 to the Declaration of David A. Straite in Support of Plaintiffs’

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Administrative Motion is an unredacted version of Memorandum of Points and Authorities in

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Opposition to Facebook’s Motion to Dismiss (“Opposition”). Plaintiffs’ Opposition contains non-

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public, confidential, proprietary Facebook business information that Facebook designated as Highly

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Confidential pursuant to the parties’ Stipulated Protective Order for Litigation Involving

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Confidential Information and Trade Secrets entered by the Court on April 11, 2014 (Dkt. 75) (the

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“Protective Order”). Specifically, Plaintiffs’ Opposition (at 2:24-26, 4:17-18, 24:2, 29:23-24, 33:25-

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26, 35:19-22, 35:25-26, 36:6-8) includes information regarding Facebook’s internal discussions

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regarding Facebook’s use of cookies. Facebook has spent significant time and resources developing

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the operation of its website, including its use of cookies, which are used to deliver, secure, and

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understand products, services, and ads, on and off Facebook’s website. The Opposition contains

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information regarding Facebook’s strategic decisions with respect to how it uses cookies. Public

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disclosure of the identified information would cause competitive harm to Facebook by allowing its

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competitors access to sensitive information, which they could use to gain an unfair advantage against

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Facebook.

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3.

That redaction at page 23, lines 12-13, is not necessary. This quote was included

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unredacted in the Second Amended Consolidated Class Action Complaint. Likewise, the redaction

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at page 33, lines 13-14, is not necessary. This statement does not concern Facebook’s business

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operations or trade secrets. A copy of Exhibit 2 with proposed redactions narrowly tailored to redact

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only the information identified in paragraph 2 above will be lodged with the Court under seal.

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/s/ Natalie Naugle
Natalie Naugle

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

2.

DECL. OF NATALIE NAUGLE I/S/O FACEBOOK,
INC.’S RESPONSE TO PLFS’ ADMIN MOTION TO
FILE UNDER SEAL – CASE NO. 5:12-MD-02314 EJD

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ATTESTATION PURSUANT TO CIV. L.R. 5-1(i)(3)

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I, Matthew D. Brown, attest that concurrence in the filing of this DECLARATION OF NATALIE

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NAUGLE IN SUPPORT OF FACEBOOK, INC.’S RESPONSE TO PLAINTIFFS’ ADMINISTRATIVE MOTION

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TO FILE UNDER SEAL has

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the laws of the United States of America that the foregoing is true and correct. Executed this 22nd

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day of February, 2016, at San Francisco, California.

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Dated: February 22, 2016

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been obtained from the signatory. I declare under penalty of perjury under

COOLEY LLP
MICHAEL G. RHODES (116127)
MATTHEW D. BROWN (196972)
JEFFREY M. GUTKIN (216083)
KYLE C. WONG (224021)

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/s/ Matthew D. Brown
Matthew D. Brown (196972)
Attorneys for Defendant
FACEBOOK, INC.

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128008262

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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DECL. OF NATALIE NAUGLE I/S/O FACEBOOK,
INC.’S RESPONSE TO PLFS’ ADMIN MOTION TO
FILE UNDER SEAL – CASE NO. 5:12-MD-02314 EJD