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
[PROPOSED] ORDER GRANTING IN PART
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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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

124902339

[PROPOSED] ORDER RE
MOTION TO FILE UNDER SEAL
CASE NO. 12-MD-02314 EJD

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THIS MATTER, having come before the Court on Plaintiffs’ Administrative Motion to

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File Portions of Second Amended Consolidated Complaint Under Seal, filed on November 30,

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2015 (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”) and the Court having considered Plaintiffs’

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Administrative Motion and the Declaration of David A. Straite and Corrected Declaration of

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David A. Straite (together, the “Straite Declaration”) filed contemporaneously therewith,

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Facebook’s Response to Plaintiffs’ Administrative Motion, and the Declaration of Natalie Naugle

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filed contemporaneously therewith:

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The Court finds that compelling reasons have been shown to support the filing under seal
of the documents and portions of documents described herein. Accordingly,
IT IS ORDERED that the following documents shall be filed under seal and sealed from

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the public record:

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1.

Exhibit M to the Second Amended Consolidated Complaint and the Corrected

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Second Amended Consolidated Complaint (together, the “Amended Complaint”) (also filed as

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part of Exhibit 2 to the Straite Declaration);

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2.

Exhibit N to the Amended Complaint (also filed as part of Exhibit 2 to the Straite

Declaration);
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Exhibit O to the Amended Complaint (also filed as part of Exhibit 2 to the Straite

Declaration);
4.

Exhibit P to the Amended Complaint (also filed as part of Exhibit 2 to the Straite

Declaration);
5.

Exhibit Q to the Amended Complaint (also filed as part of Exhibit 2 to the Straite

Declaration);
6.

Exhibit S to the Amended Complaint (also filed as part of Exhibit 2 to the Straite

Declaration);
7.

Exhibit T to the Amended Complaint (also filed as part of Exhibit 2 to the Straite

Declaration);

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

124902339

1

[PROPOSED] ORDER RE
MOTION TO FILE UNDER SEAL
CASE NO. 12-MD-02314 EJD

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8.
Declaration);

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9.

10.

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Exhibit Y to the Amended Complaint (also filed as part of Exhibit 2 to the Straite

Declaration);

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Exhibit X to the Amended Complaint (also filed as part of Exhibit 2 to the Straite

Declaration);

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Exhibit W to the Amended Complaint (also filed as part of Exhibit 2 to the Straite

Declaration);

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Exhibit V to the Amended Complaint (also filed as part of Exhibit 2 to the Straite

Declaration);

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Exhibit U to the Amended Complaint (also filed as part of Exhibit 2 to the Straite

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Exhibit AA to the Amended Complaint (also filed as part of Exhibit 2 to the Straite

Declaration);

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14.

Exhibit 3 to the Straite Declaration (also filed as the Amended Complaint) with the

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redacted version lodged with the Court by Facebook on December 4, 2015 filed in the public

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record.

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Document
Exhibit M to the Amended
Complaint
Exhibit N to the Amended
Complaint
Exhibit O to the Amended
Complaint
Exhibit P to the Amended
Complaint
Exhibit Q to the Amended
Complaint
Exhibit R to the Amended
Complaint
Exhibit S to the Amended
Complaint
Exhibit T to the Amended
Complaint
Exhibit U to the Amended
Complaint

Paragraph or Page/Line

Ruling

Sealed entirely.

Granted.

Sealed entirely.

Granted.

Sealed entirely.

Granted.

Sealed entirely.

Granted.

Sealed entirely.

Granted.

Sealed entirely.

Denied.

Sealed entirely.

Granted.

Sealed entirely.

Granted.

Sealed entirely.

Granted.

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

124902339

2.

[PROPOSED] ORDER RE
MOTION TO FILE UNDER SEAL
CASE NO. 12-MD-02314 EJD

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Document
Exhibit V to the Amended
Complaint
Exhibit W to the Amended
Complaint
Exhibit X to the Amended
Complaint
Exhibit Y to the Amended
Complaint
Exhibit AA to the Amended
Complaint
Exhibit 3 to the Straite
Declaration

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Paragraph or Page/Line

Ruling

Sealed entirely.

Granted.

Sealed entirely.

Granted.

Sealed entirely.

Granted.

Sealed entirely.

Granted.

Sealed entirely.

Granted.

Page 2, lines 1-2
Granted.
Page 10, lines 24, 25, 26-27, 28
Page 11, lines 1-2, 24, 26
Page 12, line 5
Page 14, lines 10-11, 13-16
Page 16, lines 15-16, 17, 19-21,
24-25
Page 17, lines 5-7, 9, 10-11, 1112, 15-16
Page 18, lines 4-5, 5-7, 8, 10-16,
18-19, 21-25, 27-28
Page 19, lines 2, 3-4, 6-8, 8-9, 1012, 16, 17-19, 20-21, 22, 25-26,
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Page 20, lines 1, 3-5
Page 26, lines 22-23, 28
Page 27, lines 1-2, 6, 17-25

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Dated: _____________, 2015
__________________________________________
Hon. Edward J. Davila
U.S. District Court, Northern District of California

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

124902339

3.

[PROPOSED] ORDER RE
MOTION TO FILE UNDER SEAL
CASE NO. 12-MD-02314 EJD