In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 98

OBJECTIONS to re #97 Reply to Opposition/Response,, Defendant Facebook, Inc.s Objection to Plaintiffs Reply to Defendant Facebook, Inc.s Response to Administrative Motion to File Under Seal by Facebook Inc.. (Brown, Matthew) (Filed on 12/11/2015)

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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
DEFENDANT FACEBOOK, INC.’S
OBJECTION TO PLAINTIFFS’ REPLY TO
DEFENDANT FACEBOOK, INC.’S
RESPONSE TO 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

125206418

FACEBOOK, INC.’S OBJECTION TO REPLY
CASE NO. 12-MD-02314 EJD

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On December 8, 2015, Plaintiffs filed a Reply to Defendant Facebook, Inc.’s Response to
Administrative Motion to File Under Seal (“Reply”) (Dkt. No. 97).

Facebook objects to

Plaintiffs’ Reply. Civil Local Rules 7-11 and 79-5 do not authorize a reply to be filed in
connection with an administrative motion to file documents under seal. Nevertheless, Plaintiffs
filed their unauthorized reply, leaving Facebook no opportunity to respond. Therefore, the Court
should disregard the Reply. Regardless, the Court should grant the Administrative Motion to File
Under Seal because the information subject to the motion reflects details about the operation of
and strategic decisions regarding Facebook’s service, the disclosure of which would cause
competitive harm to Facebook by allowing its competitors access to this sensitive information,
which they could then use to gain an unfair advantage against Facebook. (See Facebook’s
Response to Plaintiffs’ Administrative Motion to File Under Seal and the supporting documents
(Dkt. Nos. 94-96).) Thus, there are compelling reasons to grant the Administrative Motion to File
Under Seal.

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Dated: December 11, 2015

COOLEY LLP

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/s/ Matthew D. Brown
Matthew D. Brown
Attorneys for Defendant Facebook, Inc.

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

125206418

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FACEBOOK, INC.’S OBJECTION TO REPLY
CASE NO. 12-MD-02314 EJD