Campbell et al v. Facebook Inc.

Filing 110

Administrative Motion to File Under Seal re Joint Letter Brief on Plaintiffs' Third Set of Requests for Production filed by Matthew Campbell, Michael Hurley, David Shadpour. (Attachments: # 1 Declaration of Melissa Gardner, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order, # 5 Certificate/Proof of Service)(Gardner, Melissa) (Filed on 9/18/2015)

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Michael W. Sobol (State Bar No. 194857)
[e-mail]
David T. Rudolph (State Bar No. 233457)
[e-mail]
Melissa Gardner (State Bar No. 289096)
[e-mail]
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: [phone]
Facsimile: 415.956.1008

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Hank Bates (State Bar No. 167688)
[e-mail]
Allen Carney
[e-mail]
David Slade
[e-mail]
CARNEY BATES & PULLIAM, PLLC
11311 Arcade Drive
Little Rock, AR 72212
Telephone: [phone]
Facsimile: 501.312.8505

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Attorneys for Plaintiffs and the Proposed Class
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION

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MATTHEW CAMPBELL, MICHAEL
HURLEY, and DAVID SHADPOUR, on
behalf of themselves and all others
similarly situated,

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Plaintiffs,
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Case No. C 13-05996 PJH (MEJ)
DECLARATION OF MELISSA GARDNER
IN SUPPORT OF PLAINTIFFS’
SEPTEMBER 18, 2015 ADMINISTRATIVE
MOTION TO SEAL, PURSUANT TO
CIVIL LOCAL RULE 79-5

v.
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Judge:

Honorable Maria-Elena James

FACEBOOK, INC.,
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Defendant.
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DECLARATION OF MELISSA GARDNER IN
SUPPORT OF PLAINTIFFS’ MOTION TO SEAL
Case No. C 13-05996 PJH (MEJ)

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I, Melissa Gardner, declare:

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I am an attorney in the law firm of Lieff, Cabraser, Heimann & Bernstein, LLP, a member

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of the State Bar of California, and am admitted to practice before the United States District Court

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for the Northern District of California. I am one of the counsel for Plaintiffs in this action. I

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make this declaration based on my own personal knowledge. If called upon to testify, I could and

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would testify competently to the truth of the matters stated herein.

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1.

Attached hereto as Exhibit A is a true and correct copy of the redacted version of

the parties’ Joint Letter Brief Regarding Facebook’s Responses to Plaintiffs’ Third Set of

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Requests for Production, filed on September 18, 2015 (the “Joint Letter”), in which the following

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material has been redacted:

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Page

Text

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Text between “Facebook Engineer Alex Himel
stated that he ” and “In describing that work,
Mr. Himel referenced . . . .”

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Text between “Mr. Himel referenced” and
“Such records would be responsive.”

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Text between “Facebook has published a blog
post containing” and “(FB000003105)”

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Text between “evidence indicates that this
outcome was” and “(RFPs 58, 59).”

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Text between “a Facebook employee states”
and “FB000003335.”

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Text between “FB000000699” and “Documents
discussing this”

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Text between “Documents discussing this” and
“and outcomes thereof. . . .”

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Text between “previously produced documents
evidence a” and “or,” and text between “or” and
“that ‘increasing the Like count appears to have
motivated . . . .’”

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2.

Attached hereto as Exhibit B is a true and correct copy of the unredacted version

of the Joint Letter. Yellow highlighting within the document identifies portions that Plaintiffs
seek to file under seal.
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DECLARATION OF MELISSA GARDNER IN
SUPPORT OF PLAINTIFFS’ MOTION TO SEAL
Case No. C 13-05996 PJH (MEJ)

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3.

Such redacted text in Exhibit A, and highlighted text in Exhibit B, references or

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quotes from documents that Defendant, Facebook, Inc. (the designating party) has designated

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” pursuant to the Amended

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Protective Order entered by the Court on July 1, 2015 (Dkt. No 93).

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4.

Plaintiffs take no position on whether the designated portions of the Joint Letter

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satisfy the requirements for sealing, and specifically reserve the right to challenge any

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“CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” designation under

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the Stipulated Protective Order as well as the sealability of these documents under Civil Local

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Rule 79-5.
I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed this 18th day of September, 2015, in San Francisco, California.
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP

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By:

/s/Melissa Gardner
Melissa Gardner

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DECLARATION OF MELISSA GARDNER IN
SUPPORT OF PLAINTIFFS’ MOTION TO SEAL
Case No. C 13-05996 PJH (MEJ)