In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 158

OPPOSITION/RESPONSE (re #156 Administrative Motion to File Under Seal Portions of the Third Amended Consolidated Complaint ) Defendant Facebook, Inc.s Response to Plaintiffs Administrative Motion to File Under Seal filed byFacebook Inc.. (Attachments: #1 Proposed Order, #2 Declaration Naugle Declaration in Support)(Brown, Matthew) (Filed on 8/29/2017)

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COOLEY LLP
MICHAEL G. RHODES (116127)
([e-mail])
MATTHEW D. BROWN (196972)
([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. 12-md-02314 EJD
DECLARATION OF NATALIE NAUGLE IN
SUPPORT OF DEFENDANT FACEBOOK,
INC.’S RESPONSE TO PLAINTIFFS’
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL

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JUDGE:
COURTROOM:
TRIAL DATE:

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Edward J. Davila
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Not Yet Set

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I, Natalie Naugle, declare as follows:

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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 Third Amended Consolidated Complaint Under Seal, filed on August 25, 2017 (Dkt.

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No. 156-157) (“Plaintiffs’ Administrative Motion”). Except as otherwise noted, I have personal

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knowledge of the facts set forth below and, if called as a witness to testify, could and would

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testify competently thereto.

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

149938629

1.

NAUGLE DECL. I/S/O RESPONSE
TO MOTION TO FILE UNDER SEAL
CASE NO. 12-MD-02314 EJD

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Plaintiffs’ Amended Complaint, Exhibit 4 to the Straite Declaration
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Exhibit 4 to the Declaration of David A. Straite in Support of Plaintiffs’

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Administrative Motion (“Straite Declaration”) is an unredacted version of the Third Amended

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Consolidated Class Action Complaint (“Amended Complaint”). Plaintiffs’ Amended Complaint

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contains non-public, confidential, proprietary Facebook business information that Facebook

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designated as Highly Confidential pursuant to the parties’ Stipulated Protective Order for

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Litigation Involving Confidential Information and Trade Secrets entered by the Court on April

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11, 2014 (Dkt. 75) (the “Protective Order”). Specifically, Plaintiffs’ Amended Complaint (at

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paragraphs 49-50, 53, 54, 68-72, 80-88, 94-95, 98-99, 102-106) includes information regarding

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Facebook’s internal discussions regarding Facebook’s use of cookies.

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significant time and resources developing the operation of its website, including its use of

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cookies, which are used to deliver, secure, and understand products, services, and ads, on and off

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Facebook’s website.

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strategic decisions with respect to how it uses cookies. Public disclosure of the identified

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information would cause competitive harm to Facebook by allowing its competitors access to

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sensitive information, which they could use to gain an unfair advantage against Facebook. The

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Court previously held that similar discovery material in Plaintiffs’ Second Amended Complaint

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merited sealing. (ECF No. 150.)

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3.

Facebook has spent

The Amended Complaint contains information regarding Facebook’s

The redactions at page i and paragraphs 6 and 135 are not necessary. A copy of

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Exhibit 4 with proposed redactions narrowly tailored to redact only the information identified in

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paragraph 2 above will be lodged with the Court under seal.

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Exhibit 2 to the Straite Declaration

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4.

Exhibit 2 to the Straite Declaration includes Exhibits U through DD, FF through

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II, and LL to the Amended Complaint. These documents have been marked Highly Confidential

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under the Protective Order. Exhibits U through DD are identical to exhibits attached to Plaintiffs’

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Second Amended Complaint, which Facebook also requested to have sealed for the same reasons

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articulated here. (ECF No. 94.) The Court granted that request. (ECF No. 150.)

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

149938629

NAUGLE DECL. I/S/O RESPONSE
TO MOTION TO FILE UNDER SEAL
CASE NO. 12-MD-02314 EJD

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Exhibits U through DD, FF through II, and LL all include non-public, confidential,

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proprietary information designated as Highly Confidential pursuant to the Protective Order

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regarding Facebook’s internal discussions regarding its use of cookies, as discussed above in

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paragraph 2.

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Facebook for the same reasons identified in paragraph 2.

The public disclosure of this information would cause competitive harm to

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I declare under penalty of perjury that the foregoing is true and correct.

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Executed on August 29, 2017 in Menlo Park, California.

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/s/ Natalie Naugle
Natalie Naugle

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

149938629

NAUGLE DECL. I/S/O RESPONSE
TO MOTION TO FILE UNDER SEAL
CASE NO. 12-MD-02314 EJD

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ATTESTATION PURSUANT TO CIV. L.R. 5-1(i)(3)
I, Matthew D. Brown, attest that concurrence in the filing of this DECLARATION

OF

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NATALIE NAUGLE

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ADMINISTRATIVE MOTION

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declare under penalty of perjury under the laws of the United States of America that the foregoing

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is true and correct. Executed this 29th day of August, 2017, at San Francisco, California.

IN

SUPPORT
TO

OF

FACEBOOK, INC.’S RESPONSE

TO

PLAINTIFFS’

FILE UNDER SEAL has been obtained from the signatory.

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/s/ Matthew D. Brown
Matthew D. Brown

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

149938629

NAUGLE DECL. I/S/O RESPONSE
TO MOTION TO FILE UNDER SEAL
CASE NO. 12-MD-02314 EJD

I

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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. 12-md-02314 EJD
DECLARATION OF NATALIE NAUGLE IN
SUPPORT OF DEFENDANT FACEBOOK,
INC.’S RESPONSE TO PLAINTIFFS’
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL

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JUDGE:
COURTROOM:
TRIAL DATE:

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Edward J. Davila
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Not Yet Set

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REDACTED

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Exhibit 2

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

149938629 v1

NAUGLE DECL. I/S/O RESPONSE
TO MOTION TO FILE UNDER SEAL
CASE NO. 12-MD-02314 EJD

1

7

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]

8

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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15

In re: Facebook Internet Tracking Litigation

Case No. 12-md-02314 EJD
DECLARATION OF NATALIE NAUGLE IN
SUPPORT OF DEFENDANT FACEBOOK,
INC.’S RESPONSE TO PLAINTIFFS’
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL

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JUDGE:
COURTROOM:
TRIAL DATE:

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Edward J. Davila
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Not Yet Set

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HIGHLIGHTED UNREDACTED

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Exhibit 2

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

149938629

NAUGLE DECL. I/S/O RESPONSE
TO MOTION TO FILE UNDER SEAL
CASE NO. 12-MD-02314 EJD