In Re FACEBOOK INTERNET TRACKING LITIGATION
Filing
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Administrative Motion to File Under Seal Portions of the Third Amended Consolidated Complaint filed by Perrin Aikens Davis, Brian K. Lentz, Cynthia D. Quinn, Matthew J. Vickery. (Attachments: #1 Declaration of David A. Straite, #2 Proposed Order, #3 Exhibit 1 (Redacted Version of Complaint), #4 Exhibit 2 (Sealed Exhibits), #5 Exhibit 3 (Redacted Version of Exhibits), #6 Exhibit 4 (Sealed Complaint), #7 Certificate/Proof of Service)(Straite, David) (Filed on 8/25/2017)
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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.: (212) 687-1980
Fax: (212) 687-7714
dstraite@kaplanfox.com
Stephen G. Grygiel (admitted pro hac vice)
SILVERMAN THOMPSON SLUTKIN
WHITE LLC
201 N. Charles Street, 26th Floor
Baltimore, MD 21201
Tel.: (410) 385-2225
Fax: (410) 547-2432
sgrygiel@mdattorney.com
Laurence D. King (206423)
Mario Choi (243409)
KAPLAN FOX & KILSHEIMER LLP
350 Sansome Street, 4th Floor
San Francisco, CA 94104
Tel.: (415) 772-4700
Fax: (415) 772-4707
lking@kaplanfox.com
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
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PLAINTIFFS’ ADMINISTRATIVE MOTION
TO FILE PORTIONS OF THIRD AMENDED
CONSOLIDATED COMPLAINT UNDER
SEAL
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N.D. Cal. L.R. 7-11 and 79-5
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Judge: The Honorable Edward J. Davila
Ctrm: 4, 5th Floor
Date: n/a
Time: n/a
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PLAINTIFFS’ ADMINISTRATIVE MOTION TO FILE THIRD AMENDED COMPLAINT UNDER SEAL
No. 5:12-md-02314-EJD
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I.
INTRODUCTION
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Pursuant to Civil Local Rules 7-11 and 79-5(e), Plaintiffs Perrin Davis, Cynthia Quinn, Matthew
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Vickery, and Brian Lentz (the “Plaintiffs”) respectfully submit this administrative motion to file portions
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of the Third Amended Consolidated Class Action Complaint (the “TAC” or “Amended Complaint”)
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under seal. Plaintiffs are lodging the TAC under seal because it contains quotes from (or references to)
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(1) documents which this Court has previously sealed in its Order Granting Plaintiffs’ Administrative
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Motion to File Portions of Second Amended Consolidated Complaint Under Seal (the “Sealing Order”)
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[ECF No. 150]; and (2) additional documents produced in discovery that Defendant Facebook Inc. has
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designated as “Highly Confidential” pursuant to the Stipulated Protective Order entered by Magistrate
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Judge Paul S. Grewal in this matter on April 11, 2014 (the “Protective Order”) [ECF No. 75].
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Pursuant to Civil Local Rule 79-5(d)(1), accompanying this motion is a Declaration of David A.
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Straite (1) identifying the portions of the Amended Complaint (and attachments thereto) that are the
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subject of this sealing motion; (2) providing 15 documents sought to be sealed which accompany the
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Amended Complaint; (3) providing redacted versions of the documents sought to be sealed; (4) providing
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an unredacted version of the Amended Complaint highlighting the text that reflects discovery material
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designated by Facebook as “Confidential” or “Highly Confidential;” and (5) providing a redacted version
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of the Amended Complaint.
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II.
DISCUSSION
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Public policy favors public access to court records. See Kamakana v. City and Cnty. of Honolulu,
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447 F.3d 1172, 1178 (9th Cir. 2006); Foltz v. State Farm Mutual Automobile Insurance Co., 331 F.3d
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1124, 1134-35 (9th Cir. 2003); see also Nixon v. Warner Communications, Inc., 435 U.S. 589, 597 (1978)
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(recognizing “a general right to inspect and copy public records and documents, including judicial records
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and documents”). Furthermore, “a party seeking to seal a judicial record must articulate justifications for
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sealing that outweigh the public policies favoring disclosure.” Dunbar v. Google, Inc., No. 5:12-cv-
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003305-LHK, 2012 WL 6202719, at *1 (N.D. Cal. Dec. 12, 2012).
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Concurrent with this Motion to Seal, Plaintiffs are filing the Amended Complaint. Several pages
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of the Amended Complaint reflect materials previously sealed by the Court, as well as other discovery
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material designated “Confidential” or “Highly Confidential” by Facebook. The Amended Complaint also
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PLAINTIFFS’ ADMINISTRATIVE MOTION TO FILE THIRD AMENDED COMPLAINT UNDER SEAL
No. 5:12-md-02314-EJD
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includes several attachments of internal Facebook documents produced in discovery, and designated
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“Highly Confidential” by Facebook. To comply with the Sealing Order, the Protective Order, and Civil
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Local Rule 79-5, Plaintiffs have lodged the Amended Complaint under seal. To the best of Plaintiffs’
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knowledge, the redactions to the Amended Complaint are consistent with Facebook’s designations and
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the Sealing Order.
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The parties must show that the information is such that the information sought to be kept
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confidential would provide “the business entity with a financial or competitive advantage when it is kept
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secret and [would] result[] in financial or competitive harm when it is released to the public.” Ohio Valley
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Environmental Coalition v. Elk Run Coal Co., Inc., 291 F.R.D. 114, 119 (S.D. W. Va. 2013); see also
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Gonzales v. Google, Inc., 234 F.R.D. 674, 684 (N.D. Cal. 2006); Diamond State Ins. Co. v. Rebel Oil
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Co., Inc., 157 F.R.D. 691, 697 (D. Nev. 1994) (“Confidential commercial information” is “information,
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which disclosed, would cause substantial economic harm to the competitive position of the entity from
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whom the information was obtained.”). Plaintiffs take no position as to the designations of confidentiality
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by Facebook.
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III.
CONCLUSION
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Plaintiffs have filed this motion in compliance with the Sealing Order, the Protective Order, and
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Civil Local Rule 79-5 to identify portions of the TAC that Facebook has designated “Confidential” or
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“Highly Confidential” and to redact the TAC in accordance therewith.
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PLAINTIFFS’ ADMINISTRATIVE MOTION TO FILE THIRD AMENDED COMPLAINT UNDER SEAL
No. 5:12-md-02314-EJD
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Respectfully submitted,
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DATED: August 25, 2017
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Laurence D. King (206423)
Mario Choi (243409)
350 Sansome Street, 4th Floor
San Francisco, CA 94104
Telephone: (415) 772-4700
Fax: (415) 772-4707
lking@kaplanfox.com
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KAPLAN, FOX & KILSHEIMER LLP
By:
/s/ David A. Straite
Frederic S. Fox (admitted pro hac vice)
David A. Straite (admitted pro hac vice)
850 Third Avenue
New York, NY 10022
Telephone: (212) 687-1980
Facsimile: (212) 687-7714
dstraite@kaplanfox.com
DATED: August 25, 2017
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SILVERMAN, THOMPSON, SLUTKIN &
WHITE LLC
By:
/s/ Stephen G. Grygiel
Stephen G. Grygiel (admitted pro hac vice)
201 N. Charles St., #2600
Baltimore, MD 21201
Telephone (410) 385-2225
Facsimile: (410) 547-2432
sgrygiel@mdattorney.com
Interim Co-Lead Counsel
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ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1(i)(3)
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I, David A. Straite, attest that concurrence in the filing of this document has been obtained from
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the other signatory. I declare under penalty of perjury under the laws of the United States of America that
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the foregoing is true and correct.
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Executed this 25th day of August, 2017, at New York, New York.
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/s/ David A. Straite
DAVID A. STRAITE
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PLAINTIFFS’ ADMINISTRATIVE MOTION TO FILE THIRD AMENDED COMPLAINT UNDER SEAL
No. 5:12-md-02314-EJD
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