In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 74

NOTICE by Perrin Aikens Davis, Brian K. Lentz, Cynthia D. Quinn, Matthew J. Vickery re # 68 STIPULATION WITH PROPOSED ORDER PLAINTIFFS LOCAL RULE 7-13 NOTICE THAT THE PARTIES JOINT STIPULATED PROPOSED PROTECTIVE ORDER FOR LITIGATION INVOLVING CONFIDENTIAL INFORMATION AND TRADE SECRETS HAS BEEN UNDER SUBMISSION FOR MORE THAN 120 DAYS (Attachments: # 1 Declaration)(Straite, David) (Filed on 4/2/2014)

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David A. Straite (admitted pro hac vice)
[e-mail]
KAPLAN, FOX & KILSHEIMER LLP
850 Third Avenue
New York, NY 10022
Telephone: [phone]
Facsimile: [phone]
Plaintiffs’ Steering Committee

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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Case No.: 5:12-MD-02314-EJD
IN RE: FACEBOOK INTERNET
TRACKING LITIGATION

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DECLARATION OF DAVID A. STRAITE IN
SUPPORT OF PLAINTIFFS’ LOCAL RULE 7-13
NOTICE THAT THE PARTIES’ JOINT
STIPULATED PROPOSED PROTECTIVE
ORDER FOR LITIGATION INVOLVING
CONFIDENTIAL INFORMATION AND TRADE
SECRETS HAS BEEN UNDER SUBMISSION FOR
MORE THAN 120 DAYS
Judge: The Honorable Edward J. Davila
Court Room: 4

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I, David A. Straite, hereby declare as follows:
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I am an attorney admitted to practice pro hac vice in this case and Of Counsel to the firm

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Kaplan, Fox & Kilsheimer LLP in New York, NY. I am interim co-counsel of record for the Plaintiffs

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and a member of the Plaintiffs’ Steering Committee. I have personal knowledge of the facts below and

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could and would testify competently to them if called as a witness.

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2.

I personally negotiated the joint “Proposed Protective Order for Litigation Involving

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Confidential Information and Trade Secrets” with counsel for defendant Facebook, filed with this Court

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on September 6, 2013 (the “Proposed Protective Order”) [ECF No. 68].
DECLARATION OF DAVID A. STRAITE I/S/O PLAINTIFFS’ LOCAL RULE 7-13 NOTICE
CASE NO.: 5:12-MD-02314-EJD

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The lead plaintiffs and defendant in this action have commenced discovery, limited to the

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exchange of document requests and interrogatories; responses and objections thereto; and approximately

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360 pages of documents produced by defendant Facebook. Facebook counsel represented that these

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documents are not confidential. Upon my information and belief, all 360 pages are publicly available.

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4.

During the negotiation of the Proposed Protective Order, it was the good faith

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understanding of all parties that the exchange of confidential information would not begin until five

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business days after the Court approves the Proposed Protective Order, given the sensitivity of some of

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the information requested by both sides. No party has ever taken a position contrary to that good faith

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understanding.

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5.

On March 13, 2014, I emailed Kyle C. Wong, counsel for Facebook, and asked to confer

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regarding the outstanding Proposed Protective Order. I conferred telephonically the following day

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(March 14, 2014) with Mr. Wong and his colleague Jeffrey M. Gutkin. Their position was that the

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exchange of confidential information cannot begin until the Court approves the Proposed Protective

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Order, consistent with the parties’ good faith understanding described in Paragraph 4, above.

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6.

I invited Mr. Wong and Mr. Gutkin to consider the exchange of confidential information

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on an attorneys’-eyes-only basis while awaiting the approval of the Proposed Protective Order. In the

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alternative, I invited counsel to make a joint submission to the Court with Plaintiffs concerning the need

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for Court approval of the outstanding Proposed Protective Order. Counsel asked for time to consult

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their client.

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7.

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requests.

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On March 28, 2014, Mr. Wong informed me that defendant Facebook declined both

I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.

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Executed on April 2, 2014 at New York, NY.
/s/ David A. Straite
David A. Straite

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DECLARATION OF DAVID A. STRAITE I/S/O PLAINTIFFS’ LOCAL RULE 7-13 NOTICE
CASE NO.: 5:12-MD-02314-EJD

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CERTIFICATE OF SERVICE
I hereby certify that on April 2, 2014, I caused the foregoing to be electronically filed

3 with the Clerk of the Court using the CM/ECF system which will send notification of such filing
4 to the e-mail addresses denoted on the Electronic Mail Notice List, and I hereby certify that I
5 caused the foregoing document or paper to be mailed via the United States Postal Service to the
6 non-CM/ECF participants indicated on the Manual Notice List.
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I certify under penalty of perjury under the laws of the United States of America that the

8 foregoing is true and correct. Executed on April 2, 2014.
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10 DATED: April 2, 2014

Respectfully Submitted,

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KAPLAN, FOX & KILSHEIMER LLP

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By:

/s/ David A. Straite
David A. Straite (admitted pro hac vice)
[e-mail]
850 Third Avenue
New York, NY 10022
Telephone: [phone]
Facsimile: [phone]

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CERTIFICATE OF SERVICE
5:12-MD-02314-EJD