In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 110

MOTION to Compel DISCOVERY AND COMPLIANCE WITH PROTECTIVE ORDER filed by Perrin Aikens Davis, Brian K. Lentz, Cynthia D. Quinn, Matthew J. Vickery. Motion Hearing set for 4/28/2016 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 3/30/2016. Replies due by 4/6/2016. (Attachments: #1 Declaration of David A. Straite, #2 Declaration of Wilfred Gomes)(Straite, David) (Filed on 3/16/2016)

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Stephen G. Grygiel (admitted pro hac vice)
SILVERMAN THOMPSON
SLUTKIN WHITE LLC
201 N. Charles Street, 26TH Floor
Baltimore, MD 21201
Tel.: [phone]
Fax: [phone]
[e-mail]

Frederic S. Fox (admitted pro hac vice)
David A. Straite (admitted pro hac vice)
KAPLAN FOX & KILSHEIMER LLP
850 Third Avenue, 14th Floor
New York, NY 10022
Tel.: [phone]
Fax: [phone]
[e-mail]

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Laurence D. King (206423)
Mario Choi (243409)
KAPLAN FOX & KILSHEIMER LLP
350 Sansome Street, 4th Floor
San Francisco, CA 94104
Tel.: [phone]
Fax: [phone]
[e-mail]

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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No. 5:12-md-02314-EJD
IN RE: FACEBOOK, INC. INTERNET
TRACKING LITIGATION

DECLARATION OF WILFRED GOMES IN
SUPPORT OF PLAINTIFFS’ MOTION TO
COMPEL DISCOVERY AND TO COMPEL
COMPLIANCE WITH PROTECTIVE
ORDER

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F.R.C.P. 26(c) and 37(a)
N.D. Cal. L.R. 37-1 and 37-2
Date:
Time:
Courtroom:
Judge:
Trial Date:

April 28, 2016
9:00 a.m.
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The Honorable Edward J. Davila
None Set

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DECLARATION OF WILFRED GOMES
No. 5:12-md-02314-EJD

DECLARATION OF WILFRED GOMES

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I, Wilfred Gomes, declare as follows:

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1.

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I am a paralegal at Kaplan Fox & Kilsheimer LLP, interim co-lead counsel for the class

in the above-captioned case.

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2.

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consisting of approximately 65,000 pages. One additional document, a PDF, had been produced prior.1
3.

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On April 16, 2014, Facebook counsel produced 12,804 documents in electronic form,

I manually inspected all 12,805 documents produced by the defendant (Bates Numbered:

FB_MDL_00000001 – FB_MDL_00064898).

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4.

My inspection revealed that only three individuals were identified as custodians for the

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documents (Alex Himel, Gregg Stefancik and Scott Renfro). In addition, 427 documents identify only
“Facebook’ as the custodian, and 26 documents do not identify a custodian.

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5.

The document bearing bates number FB_MDL_0004555 has material redacted and

replaced with a text box containing the following text: “Non-Responsive Content Redacted.” Through
trial-and-error, I estimate the typeface size to be approximately 3-point.

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6.

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My inspection also revealed that of the 12,805 documents produced:

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a. 12,800 documents are designated “Highly Confidential.”

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b. 4 documents are designated “Confidential”: FB_MDL_00015193-195,

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FB_MDL_00020568, FB_MDL_00049905, and FB_MDL_00052734. Of these four,

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two are blank placeholder pages indicating that the document could not be converted.
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c. 1 document does not have any confidentiality designation (the document described in

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fn. 1).

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The first document produced by the defendant (Bates Numbered: FB_MDL_00000001 – FB_MDL_00000360)
appears to be a collection of dozens of documents produced in hard copy without any discernable document breaks
and so is being counted as one document.

-1DECLARATION OF WILFRED GOMES
No. 5:12-md-02314-EJD

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I declare under penalty of perjury under the laws of the United States that the foregoing is true
and correct.
Executed this 16th day of March, 2016, in New York, New York.

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/s/ Wilfred Gomes
Wilfred Gomes

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-2DECLARATION OF WILFRED GOMES
No. 5:12-md-02314-EJD

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ATTESTATION OF E-FILED SIGNATURE
I, David A. Straite, court-appointed interim co-lead counsel for the proposed Class, am the ECF

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User whose ID and password are being used to file this Declaration of Wilfred Gomes. In compliance

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with Civil L.R. 5-1(i)(3), I hereby attest that Mr. Gomes has concurred in this filing.

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/s/ David A. Straite
David A. Straite

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-3DECLARATION OF WILFRED GOMES
No. 5:12-md-02314-EJD