In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 156

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.: [phone]
Fax: [phone]
[e-mail]

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]

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

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DECLARATION OF DAVID A. STRAITE IN
SUPPORT OF 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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DECLARATION OF DAVID A. STRAITE IN SUPPORT OF PLAINTIFFS’ ADMINISTRATIVE MOTION
TO FILE THIRD AMENDED COMPLAINT UNDER SEAL

No. 5:12-md-02314-EJD

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DECLARATION OF DAVID A. STRAITE

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I, David A. Straite, declare as follows:

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1.

I am an attorney admitted pro hac vice to practice before this Court in this matter. I am a

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partner with the law firm of Kaplan Fox & Kilsheimer LLP, Interim Co-Lead Class Counsel in this class

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action against Defendant Facebook, Inc.

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2.

I submit this declaration in support of Plaintiffs’ administrative motion to file portions of

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the Third Amended Consolidated Class Action Complaint (the “Amended Complaint”) and certain

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attachments thereto under seal (the “Motion to Seal”). The following statements are based on my

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personal knowledge and review of the files in this case and, if called on to do so, I could and would testify

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competently thereto.
3.

Plaintiffs’ Motion to Seal describes 15 documents (and any references or quotes made

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thereto in the Amended Complaint) sought to be sealed, which includes two categories of documents:

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(1) 8 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 [ECF No. 150], and

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(2) 7 additional documents produced by Facebook during discovery and designated as “Highly

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Confidential.”

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4.

Exhibit 1 to this declaration is a redacted public version of the Amended Complaint

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5.

Regarding the first category of documents, Plaintiffs seek to redact these materials in for

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identical reasons previously ruled on by this Court, and are quoted or otherwise referenced to in the

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following paragraphs of the Amended Complaint:

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Paragraph

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54 (and subparts
a. – g.)

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69

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DECLARATION OF DAVID A. STRAITE IN SUPPORT OF PLAINTIFFS’ ADMINISTRATIVE MOTION
TO FILE THIRD AMENDED COMPLAINT UNDER SEAL

No. 5:12-md-02314-EJD

Paragraph

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6.

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Regarding the second category of documents, Plaintiffs seek to redact material in the

following paragraphs:

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Paragraph

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Text summarizes information learned in discovery and designated by
Facebook as confidential discovery material.

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Text identifies the name of a Facebook database designated by Facebook as
confidential discovery material.

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Text summarizes information learned in discovery and designated by
Facebook as confidential discovery material.

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Text quotes from (or refers to) a document designated by Facebook as “Highly
Confidential” and attached to the Amended Complaint as Exhibit Y.

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Text summarizes information learned in discovery and designated by
Facebook as confidential discovery material.

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Text summarizes information learned in discovery and designated by
Facebook as confidential discovery material.

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Text quotes from a document designated by Facebook as “Highly
Confidential” and attached to the Amended Complaint as Exhibit Z.

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Text quotes from a document designated by Facebook as “Highly
Confidential” and attached to the Amended Complaint as Exhibit AA.

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Text summarizes information learned in discovery and designated by
Facebook as confidential discovery material.

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Reason for Redaction

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DECLARATION OF DAVID A. STRAITE IN SUPPORT OF PLAINTIFFS’ ADMINISTRATIVE MOTION
TO FILE THIRD AMENDED COMPLAINT UNDER SEAL

No. 5:12-md-02314-EJD

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Reason for Redaction

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Text refers to a document designated by Facebook as “Highly Confidential”
and attached to the Amended Complaint as Exhibit FF.

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Text summarizes information learned in discovery and designated by
Facebook as confidential discovery material.

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Text refers to a document designated by Facebook as “Highly Confidential”
and attached to the Amended Complaint as Exhibit LL.

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Text quotes from (or refers to) a document designated by Facebook as “Highly
Confidential” and attached to the Amended Complaint as Exhibit GG.

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Text quotes from (or refers to) a document designated by Facebook as “Highly
Confidential” and attached to the Amended Complaint as Exhibit HH.

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Text quotes from (or refers to) a document designated by Facebook as “Highly
Confidential” and attached to the Amended Complaint as Exhibit II.

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Text summarizes information learned in discovery and designated by
Facebook as confidential discovery material.

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7.

Exhibit 2 to this Declaration is a compilation of Exhibits U through DD, FF through II,

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and Exhibit LL to the Amended Complaint, which are documents produced by Facebook during discovery

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and designated “Highly Confidential” under the Stipulated Protective Order entered by Magistrate Judge

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Paul S. Grewal in this matter on April 11, 2014 (the “Protective Order”) [ECF No. 75], or otherwise

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ordered to be sealed by this Court [ECF No. 150].

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8.

Exhibit 3 to this Declaration is a compilation of the redacted public versions of Exhibits

U through DD, FF through II, and Exhibit LL to the Amended Complaint.
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Exhibit 4 to this Declaration is the full unredacted Amended Complaint. Text redacted in

the public version has been highlighted in yellow in this under-seal version.

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10.

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I declare under penalty of perjury under the laws of the United States that the foregoing is true

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Plaintiffs take no position on whether the information should be sealed.

and correct. Executed on this 25th day of August 2017, at New York, NY.
/s/ David Straite
David A. Straite
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DECLARATION OF DAVID A. STRAITE IN SUPPORT OF PLAINTIFFS’ ADMINISTRATIVE MOTION
TO FILE THIRD AMENDED COMPLAINT UNDER SEAL

No. 5:12-md-02314-EJD