Campbell et al v. Facebook Inc.

Filing 102

Administrative Motion to File Under Seal Portions of Facebook's Opposition to Plaintiffs' Motion to Withdraw Plaintiff David Shadpour Without Prejudice filed by Facebook Inc.. (Attachments: # 1 Declaration of Ashley Rogers in Support of Defendant Facebook, Inc.'s Administrative Motion to File Documents Under Seal, # 2 Exhibit A - Exhibit 5 to Decl. of Christopher Chorba - Unredacted and Filed Under Seal, # 3 Exhibit A - Exhibit 5 to Decl. of Christopher Chorba - Redacted and Filed Under Seal, # 4 Proposed Order Authorizing the Filing of Documents Under Seal)(Chorba, Christopher) (Filed on 7/27/2015)

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GIBSON, DUNN & CRUTCHER LLP
JOSHUA A. JESSEN, SBN 222831
[e-mail]
JEANA BISNAR MAUTE, SBN 290573
[e-mail]
ASHLEY M. ROGERS, SBN 286252
[e-mail]
1881 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
GIBSON, DUNN & CRUTCHER LLP
GAIL E. LEES, SBN 90363
[e-mail]
CHRISTOPHER CHORBA, SBN 216692
[e-mail]
333 South Grand Avenue
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
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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OAKLAND DIVISON

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MATTHEW CAMPBELL, MICHAEL
HURLEY, and DAVID SHADPOUR,
Plaintiffs,
v.
FACEBOOK, INC.,
Defendant.

Case No. C 13-05996 PJH (MEJ)
PUTATIVE CLASS ACTION
DECLARATION OF ASHLEY ROGERS
IN SUPPORT OF DEFENDANT
FACEBOOK, INC.’S ADMINISTRATIVE
MOTION TO FILE DOCUMENTS UNDER
SEAL

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Gibson, Dunn &
Crutcher LLP

DECLARATION OF ASHLEY ROGERS IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S
ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
Case No. C 13-05996 PJH (MEJ)

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I, Ashley Rogers, declare as follows:
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I am an attorney admitted to practice law before this Court. I am an associate in the

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law firm of Gibson, Dunn & Crutcher LLP, and I am one of the attorneys responsible for representing

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Defendant Facebook, Inc. in the above-captioned action. I submit this declaration in support of

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Facebook’s Administrative Motion to File Portions of Its Opposition to Plaintiffs’ Motion to

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Withdraw Plaintiff David Shadpour Without Prejudice. Unless otherwise stated, the following facts

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are within my personal knowledge and, if called and sworn as a witness, I could and would testify

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competently to these facts.

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2.

Pursuant to Civil Local Rule 79-5(d), during the afternoon on July 27, 2015, I

informed Plaintiffs’ counsel via e-mail that Facebook planned to file under seal Plaintiff David
Shadpour’s Corrected Objections and Responses to Facebook’s First Set of Interrogatories
(“Shadpour’s Interrogatory Responses”), which Plaintiffs had designated as “Highly Confidential –
Attorneys’ Eyes Only” in its entirety, unless Plaintiffs stated that the information could be filed
publicly. I also asked Plaintiffs whether Facebook needed to file under seal a portion of Facebook’s
Opposition to Plaintiffs’ Motion to Withdraw Plaintiff David Shadpour Without Prejudice that
references the fact that that Plaintiff Shadpour sent and received Facebook messages containing
URLs and that he used other social networking and email services, which is information that we
learned from Shadpour’s Interrogatory Responses. Plaintiffs did not respond to the email by the time
Facebook had to file its brief and application.
I declare under penalty of perjury under the laws of the United States of America and the
State of California that the foregoing is true and correct, and that I executed this Declaration in
Dallas, Texas, on July 27, 2015.
/s/
Ashley Rogers

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Gibson, Dunn &
Crutcher LLP

ATTORNEY ATTESTATION
Pursuant to Civil Local Rule 5-1, I, Christopher Chorba, hereby attest that concurrence in the
filing of this document has been obtained from Ashley Rogers.
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DECLARATION OF ASHLEY ROGERS IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S
ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
Case No. C 13-05996 PJH (MEJ)

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/s/
Christopher Chorba

Dated: July 27, 2015

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Gibson, Dunn &
Crutcher LLP

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DECLARATION OF ASHLEY ROGERS IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S
ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
Case No. C 13-05996 PJH (MEJ)