In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 94

RESPONSE (re #92 Administrative Motion to File Under Seal PORTIONS OF SECOND AMENDED CONSOLIDATED COMPLAINT UNDER SEAL CORRECTION OF DOCKET #90 , #90 Administrative Motion to File Under Seal ) filed by Facebook Inc.. (Attachments: #1 Declaration of Natalie Naugle in Support of Defendant Facebook, Inc.'s Response to Plaintiffs' Administrative Motion to File Under Seal, #2 Proposed Order Granting in Part Plaintiffs' Administrative Motion to File Under Seal)(Gutkin, Jeffrey) (Filed on 12/4/2015) Modified on 12/7/2015 (cv, COURT STAFF).

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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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I, Natalie Naugle, declare as follows:

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1.

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 Second Amended Consolidated Complaint Under Seal, filed on November 30, 2015

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(Dkt. No. 90) and Plaintiffs’ Corrected Administrative Motion to File Portions of Second

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Amended Consolidated Complaint Under Seal, filed on December 1, 2015 (Dkt. No. 92)

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(together, “Plaintiffs’ Administrative Motion”). Except as otherwise noted, I have personal

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

124812067

1.

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

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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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Plaintiffs’ Amended Complaint, Exhibit 3 to the Straite Declaration

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2.

Exhibit 3 to the Declaration of David A. Straite in Support of Plaintiffs’

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Administrative Motion and the Corrected Declaration of David A. Straite in Support of Plaintiffs’

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Administrative Motion (together, “Straite Declaration”) is an unredacted version of the Second

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Amended Consolidated Class Action Complaint and the Corrected Second Amended

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

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

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

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for 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 4, 45, 48, 49, 59, 66-69, 72-78, 103-105) includes information regarding Facebook’s

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internal discussions regarding Facebook’s use of cookies. Facebook has spent significant time

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and resources developing the operation of its website, including its use of cookies, which are used

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to deliver, secure, and understand products, services, and ads, on and off Facebook’s website.

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The Amended Complaint contains information regarding Facebook’s strategic decisions with

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respect to how it uses cookies. Public disclosure of the identified information would cause

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competitive harm to Facebook by allowing its competitors access to sensitive information, which

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they could use to gain an unfair advantage against Facebook.

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3.

The redaction at paragraph 71 is not necessary. A copy of Exhibit 3 with proposed

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redactions narrowly tailored to redact only the information identified in ¶ 2 above will be lodged

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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 M through Y and AA to the

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Amended Complaint.

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Protective Order.

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///

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

124812067

These documents have been marked Highly Confidential under the

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

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5.

Exhibits M through P, S through W, Y, and AA all include non-public,

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confidential, proprietary information designated as Highly Confidential pursuant to the Protective

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

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in paragraph 2. The public disclosure of this information would cause competitive harm to

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Facebook for the same reasons identified in paragraph 2.

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6.

Exhibits Q and X include non-public, confidential, proprietary information

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designated as Highly Confidential pursuant to the Protective Order regarding potential

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partnerships between Facebook and other companies, including discussions about potential

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parameters of those partnerships and Facebook’s position regarding those parameters. Public

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disclosure of the identified information would cause competitive harm to Facebook by allowing

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its competitors access to sensitive information, which they could use to gain an unfair advantage

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against Facebook.

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7.

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Exhibit R does not contain Facebook Confidential information and does not need

to be filed under seal.

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

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Executed on December 4, 2015 in Menlo Park, California.

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/s/ Natalie Naugle
Natalie Naugle

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ATTESTATION PURSUANT TO CIV. L.R. 5-1(i)(3)

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I, Jeffrey M. Gutkin, attest that concurrence in the filing of this DECLARATION
NATALIE NAUGLE

IN

SUPPORT

ADMINISTRATIVE MOTION

TO

OF

FACEBOOK, INC.’S RESPONSE

TO

OF

PLAINTIFFS’

FILE UNDER SEAL has been obtained from the signatory.

declare under penalty of perjury under the laws of the United States of America that the foregoing
is true and correct. Executed this 4th day of December, 2015, at San Francisco, California.

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/s/ Jeffrey M. Gutkin
Jeffrey M. Gutkin

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

I

124812067

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