In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 92

Administrative Motion to File Under Seal PLAINTIFFS ADMINISTRATIVE MOTION TO FILE PORTIONS OF SECOND AMENDED CONSOLIDATED COMPLAINT UNDER SEAL CORRECTION OF DOCKET #90 filed by Perrin Aikens Davis. (Attachments: #1 Declaration of David Straite, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Proposed Order)(Kiesel, Paul) (Filed on 12/1/2015)

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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]

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]

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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

DECLARATION OF DAVID A. STRAITE IN
SUPPORT OF PLAINTIFFS’
ADMINISTRATIVE MOTION TO FILE
PORTIONS OF SECOND AMENDED
CONSOLIDATED COMPLAINT UNDER
SEAL
N.D. Cal. L.R. 7-11 and 79-5
Next Hearing Date: January 14, 2016

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Judge: The Honorable Edward J. Davila
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DECLARATION OF DAVID A. STRAITE IN SUPPORT OF PLAINTIFFS’ ADMINISTRATIVE
MOTION TO FILE 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

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an attorney at the law firm of Kaplan Fox & Kilsheimer LLP, Interim Co-Lead Class Counsel in this

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class 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 Second Amended Consolidated Class Action Complaint (the “Amended Complaint”) and some

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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

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testify competently thereto.

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3.

Plaintiffs’ Motion to Seal describes 15 documents sought to be sealed, including 14

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documents produced by Facebook during discovery and designated as “Highly Confidential,” and the

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Amended Complaint, portions of which quote from or make reference to the 14 Facebook documents

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and other similarly designated documents.

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4.

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

which Plaintiffs seek to file under seal, redacting material in the following paragraphs:

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Paragraph

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Reason for Redaction

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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 Q.

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

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Text quotes from two documents designated by Facebook as “Highly
Confidential” and attached to the Amended Complaint as Exhibits V and Y.

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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 M.

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Text quotes from two documents designated by Facebook as “Highly

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-2DECLARATION OF DAVID A. STRAITE IN SUPPORT OF PLAINTIFFS’ ADMINISTRATIVE
MOTION TO FILE AMENDED COMPLAINT UNDER SEAL
No. 5:12-md-02314-EJD

Paragraph

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Reason for Redaction
Confidential” and attached to the Amended Complaint as Exhibits N and O.

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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 P.

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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 R.

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

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

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

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

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

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Text quotes from two documents designated by Facebook as “Highly
Confidential” and attached to the Amended Complaint as Exhibits X and V.

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

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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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5.

Exhibit 2 to this Declaration is a compilation of Exhibits M through Y and AA to the

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Amended Complaint, which are documents produced by Facebook during discovery and designated

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“Highly Confidential” under the Stipulated Protective Order entered by Magistrate Judge Paul S.

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Grewal in this matter on April 11, 2014 (the “Protective Order”) [ECF No. 75].
-3DECLARATION OF DAVID A. STRAITE IN SUPPORT OF PLAINTIFFS’ ADMINISTRATIVE
MOTION TO FILE AMENDED COMPLAINT UNDER SEAL
No. 5:12-md-02314-EJD

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6.

Exhibit 3 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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I declare under penalty of perjury under the laws of the United States that the foregoing is true
and correct. Executed on this 30th day of November 2015, at New York, NY.

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/s/ David Straite
David A. Straite

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-4DECLARATION OF DAVID A. STRAITE IN SUPPORT OF PLAINTIFFS’ ADMINISTRATIVE
MOTION TO FILE AMENDED COMPLAINT UNDER SEAL
No. 5:12-md-02314-EJD

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ATTESTATION OF E-FILED SIGNATURE
I, Paul R. Kiesel, court-appointed interim liaison counsel for the proposed Class, am the ECF

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User whose ID and password are being used to file this Declaration of David Straite in Support of

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Plaintiffs’ Administrative Motion to File Under Seal. In compliance with Civil L.R. 5-1(i)(3), I hereby

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attest that David Straite has concurred in this filing.

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/s/ Paul R. Kiesel

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-5DECLARATION OF DAVID A. STRAITE IN SUPPORT OF PLAINTIFFS’ ADMINISTRATIVE
MOTION TO FILE AMENDED COMPLAINT UNDER SEAL
No. 5:12-md-02314-EJD

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CERTIFICATE OF SERVICE

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I hereby certify that on November 30, 2015, I caused the foregoing to be electronically filed with
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the Clerk of the Court using the CM/ECF system which will send notification of such filing to the e-mail
addresses denoted on the Electronic Mail Notice List.
I certify under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on November 30, 2015.

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KIESEL LAW LLP
/s/ Paul R. Kiesel
Paul R. Kiesel
[e-mail]
8648 Wilshire Boulevard
Beverly Hills, California 90211
Tel.: [phone]
Fax: [phone]

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Interim Liaison Counsel
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-6DECLARATION OF DAVID A. STRAITE IN SUPPORT OF PLAINTIFFS’ ADMINISTRATIVE
MOTION TO FILE AMENDED COMPLAINT UNDER SEAL
No. 5:12-md-02314-EJD