In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 177

Administrative Motion to File Under Seal Stipulation and [Proposed] Order Requesting Limited Redaction of November 16, 2017 Hearing Transcript filed by Facebook Inc.. (Attachments: #1 Declaration of Kyle C. Wong in Support of Stipulation, #2 Exhibit A, #3 Exhibit B)(Brown, Matthew) (Filed on 12/13/2017)

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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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(Additional counsel on signature page)

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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
STIPULATION AND [PROPOSED] ORDER
REQUESTING LIMITED REDACTION OF
NOVEMBER 16, 2017 HEARING
TRANSCRIPT

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JUDGE:
COURTROOM:

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Hon. Edward J. Davila
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Plaintiffs Perrin Davis, Cynthia Quinn, Brian Lentz, and Matthew Vickery (collectively,

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“Plaintiffs”) and Defendant Facebook, Inc. (“Facebook”) (Plaintiffs and Facebook collectively,

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the “Parties”), by and through their respective counsel, hereby make a stipulated request for an

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order redacting one sentence in the Transcript from the November 16, 2017 Hearing on

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Facebook’s Motion to Dismiss (“Hearing Transcript”).

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WHEREAS during the November 16, 2017 hearing on Facebook’s Motion to Dismiss,
counsel for Plaintiffs made a reflecting certain discovery material designated Highly Confidential

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIP. & [PROPOSED] ORDER RE
TRANSCRIPT REDACTION
CASE NO. 12-MD-02314 EJD

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by Facebook pursuant to the Stipulated Protective Order entered in this case (“Protective Order”)

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(ECF No. 75);

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WHEREAS the discovery material was quoted in and attached to Plaintiffs’ Second and

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Third Consolidated Amended Class Action Complaints, was addressed in two previous

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administrative motions to seal,1 and has twice been ordered sealed by the Court (ECF No. 150;

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ECF No. 170) (collectively “Sealing Orders”);

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WHEREAS the Parties’ counsel have conferred and agreed that a limited redaction of one

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sentence in the Hearing Transcript would be consistent with the Protective Order and this Court’s

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previous Sealing Orders;

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NOW, THEREFORE, the Parties hereby agree that redaction of the sentence contained in

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the Hearing Transcript at page 25, lines 20-21 (as indicated in Exhibits A and B to the

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Declaration of Kyle Wong filed concurrently herewith) is narrowly tailored to conform the

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transcript to the Protective Order and the Sealing Orders, and hereby make this stipulated request

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that the Court order this sentence to be redacted from any publicly available version of the

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Hearing Transcript.

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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See Defendant Facebook’s Response to Plaintiffs’ Administrative Motion to File Under Seal
(ECF No. 94); Declaration of Natalie Naugle in Support of Defendant Facebook, Inc.’s Response
to Plaintiffs’ Administrative Motion to File Under Seal (ECF No. 94-1) at ¶¶ 2, 5; Defendant
Facebook, Inc.’s Response to Plaintiffs’ Administrative Motion to Seal (ECF No. 158);
Declaration of Natalie Naugle in Support of Defendant Facebook Inc.’s Response to Plaintiffs’
Administrative Motion to File Under Seal (ECF No. 158-2) at ¶¶ 2, 4.
2.

STIP. & [PROPOSED] ORDER RE
TRANSCRIPT REDACTION
CASE NO. 12-MD-02314 EJD

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Dated: December 13, 2017

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/s/ Matthew D. Brown
MATTHEW D. BROWN

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Attorneys for Defendant FACEBOOK, INC.

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COOLEY LLP

Dated: December 13, 2017

KAPLAN, FOX & KILSHEIMER LLP

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/s/ David A. Straite
DAVID A. STRAITE

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KAPLAN, FOX & KILSHEIMER LLP

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FREDERIC S. FOX (admitted pro hac vice)
DAVID A STRAITE (admitted pro hac vice)
850 Third Avenue
New York, NY 10022
Telephone:
[phone]
Facsimile:
[phone]

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LAWRENCE D. KING (206423)
MARIO M. CHOI (243409)
350 Sansome Street, 4th Floor
San Francisco, CA 94101
Telephone:
[phone]
Facsimile:
[phone]

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SILVERMAN, THOMPSON, SLUTKIN &
WHITE LLC
STEVEN G. GRYGIEL (admitted pro hac vice)
201 N. Charles St., #2600
Baltimore, MD 21201
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiffs

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIP. & [PROPOSED] ORDER RE
TRANSCRIPT REDACTION
CASE NO. 12-MD-02314 EJD

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[PROPOSED] ORDER

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The Court has considered the foregoing Stipulation by which the Parties request the

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limited redaction of one sentence contained in the November 16, 2017 Hearing Transcript at page

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25, lines 20-21 (as indicated in Exhibits A and B to the Declaration of Kyle Wong filed

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concurrently with the Stipulation). For the reasons set forth in the Stipulation and in this Court’s

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Orders of July 5, 2017 (ECF No. 150) and November 8, 2017 (ECF No. 170), it is hereby

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ORDERED that such sentence shall be redacted from any publicly available version of the

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Hearing Transcript, including, but not limited to, any electronic version of the transcript available

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to public terminal users at the courthouse or through the ECF or PACER systems. The

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unredacted version of the Hearing Transcript shall be placed under seal.

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Document
Nov. 16, 2017 Hearing
Transcript

Page/Line
Sentence contained on page 25, lines 20-21

Ruling
Granted

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DATED: ___________________

_________________________________________
The Honorable Edward J. Davila
UNITED STATES DISTRICT JUDGE

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIP. & [PROPOSED] ORDER RE
TRANSCRIPT REDACTION
CASE NO. 12-MD-02314 EJD

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ATTESTATION
In accordance with Northern District of California Local Rule 5-1(i)(3), I hereby attest
that I have obtained concurrence in the filing of this Declaration from the signatories listed above.

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/s/ Matthew D. Brown
MATTHEW D. BROWN

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156952598

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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STIP. & [PROPOSED] ORDER RE
TRANSCRIPT REDACTION
CASE NO. 12-MD-02314 EJD