Campbell et al v. Facebook Inc.

Filing 115

Declaration of Nikki Stitt Sokol in Support of 110 Administrative Motion to File Under Seal re Joint Letter Brief on Plaintiffs' Third Set of Requests for Production filed byFacebook Inc.. (Related document(s) 110 ) (Jessen, Joshua) (Filed on 9/22/2015)

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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 NIKKI STITT
SOKOL IN SUPPORT OF PLAINTIFFS’
ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL – DKT. NO.
110

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Gibson, Dunn &
Crutcher LLP

DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF PLAINTIFFS’ ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL – DKT. NO. 110
Case No. C 13-05996 PJH (MEJ)

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I, Nikki Stitt Sokol, declare as follows:

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1.

I am Associate General Counsel for Litigation for Defendant Facebook, Inc.

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(“Facebook”). Pursuant to Civil Local Rule 79-5(d) and the Amended Stipulated Protective Order

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entered by the Court on July 1, 2015 (the “Protective Order”) (Dkt. No. 93), I submit this Declaration

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in support of Plaintiffs’ Administrative Motion to file under seal portions of the parties’ Joint Letter

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Brief Regarding Facebook’s Responses to Plaintiffs’ Third Set of Requests for Production (“Joint

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Letter Brief”) (Dkt. No. 110). Except as otherwise noted, I have personal knowledge of the facts set

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forth in this Declaration and, if called and sworn as a witness, could and would testify competently to

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them.

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2.

The requested relief is necessary to protect the confidentiality of certain Facebook

information relied upon in the Joint Letter Brief. The Joint Letter Brief contains non-public,
confidential, and proprietary Facebook business information that Facebook designated as HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY pursuant to the Protective Order. Specifically, the
following chart explains which portions of the Joint Letter Brief contain the confidential information
that should remain under seal:
Page
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Text
Text between “In his June
2015 Declaration, 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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Crutcher LLP

Reason for Confidentiality
This includes non-public, confidential, and proprietary
information that Facebook designated as HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY
pursuant to the Protective Order. This information
concerns the processes and functionality of Facebook’s
messages technology and source code that is protectable as
a trade secret or otherwise entitled to protection under the
law. Public disclosure of this information would cause
competitive harm to Facebook by allowing its competitors
to access sensitive information, which they could use to
gain an unfair advantage against Facebook. Such
information could also be used by individuals or
companies that might seek to compromise the security of
Facebook’s messages technology, causing harm to
Facebook and users of Facebook’s products.
This includes non-public, confidential, and proprietary
information that Facebook designated as HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY
pursuant to the Protective Order. This information
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DECLARATION OF NIKKI STITT SOKOL ON BEHALF OF DEFENDANT FACEBOOK, INC. IN SUPPORT OF PLAINTIFFS’
ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL – DKT. NO. 110
Case No. C 13-05996 PJH (MEJ)

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Page

Text

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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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Reason for Confidentiality
concerns the processes and functionality of Facebook’s
messages technology and source code that is protectable as
a trade secret or otherwise entitled to protection under the
law. Public disclosure of this information would cause
competitive harm to Facebook by allowing its competitors
to access sensitive information, which they could use to
gain an unfair advantage against Facebook. Such
information could also be used by individuals or
companies that might seek to compromise the security of
Facebook’s messages technology, causing harm to
Facebook and users of Facebook’s products
This includes non-public, confidential, and proprietary
information that Facebook designated as HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY
pursuant to the Protective Order. This portion of the Joint
Letter Brief in Plaintiffs’ section misstates the nature of the
document cited, which is a Facebook internal draft
document—not a public blog post—regarding Facebook’s
technology.
This includes non-public, confidential, and proprietary
information that Facebook designated as HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY
pursuant to the Protective Order. This information is a
Facebook internal discussion of business and engineering
decisions regarding Facebook’s technology that is entitled
to protection under the law. Public disclosure of this
information would cause competitive harm to Facebook by
allowing its competitors to access sensitive information,
which they could use to gain an unfair advantage against
Facebook.
This includes non-public, confidential, and proprietary
information that Facebook designated as HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY
pursuant to the Protective Order. This information is a
Facebook internal discussion of business and engineering
decisions regarding Facebook’s technology that is entitled
to protection under the law. Public disclosure of this
information would cause competitive harm to Facebook by
allowing its competitors to access sensitive information,
which they could use to gain an unfair advantage against
Facebook.
This includes non-public, confidential, and proprietary
information that Facebook designated as HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY
pursuant to the Protective Order. This information is a
Facebook internal discussion of business and engineering
decisions regarding Facebook’s technology that is entitled
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DECLARATION OF NIKKI STITT SOKOL ON BEHALF OF DEFENDANT FACEBOOK, INC. IN SUPPORT OF PLAINTIFFS’
ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL – DKT. NO. 110
Case No. C 13-05996 PJH (MEJ)

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Page

Text

3, fn 4

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

5, fn 9

Text between “previously
produced documents
evidence a” and “or”; text
between “or” and “that
‘[i]ncreasing the Like count
appears to have motivated’”

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Reason for Confidentiality
to protection under the law. Public disclosure of this
information would cause competitive harm to Facebook by
allowing its competitors to access sensitive information,
which they could use to gain an unfair advantage against
Facebook.
This includes non-public, confidential, and proprietary
information that Facebook designated as HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY
pursuant to the Protective Order. This information is a
Facebook internal discussion of business and engineering
decisions regarding Facebook’s technology that is entitled
to protection under the law. Public disclosure of this
information would cause competitive harm to Facebook by
allowing its competitors to access sensitive information,
which they could use to gain an unfair advantage against
Facebook.
This includes non-public, confidential, and proprietary
information that Facebook designated as HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY
pursuant to the Protective Order. This information is a
Facebook internal discussion of business and engineering
decisions regarding Facebook’s messages technology that
is entitled to protection under the law. Public disclosure of
this information would cause competitive harm to
Facebook by allowing its competitors to access sensitive
information, which they could use to gain an unfair
advantage against Facebook.

I declare under penalty of perjury under the laws of the United States of America and the

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State of California that the foregoing is true and correct, and that I executed this Declaration in Menlo

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Park, California on September 22, 2015.

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/s/
Nikki Stitt Sokol

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DECLARATION OF NIKKI STITT SOKOL ON BEHALF OF DEFENDANT FACEBOOK, INC. IN SUPPORT OF PLAINTIFFS’
ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL – DKT. NO. 110
Case No. C 13-05996 PJH (MEJ)

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ATTORNEY ATTESTATION
I, Joshua A. Jessen, attest that concurrence in the filing of this Declaration of Nikki Stitt Sokol
has been obtained from the signatory. I declare under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed this 22nd day of September, 2015,
in Irvine, California.

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/s/
Joshua A. Jessen

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DECLARATION OF NIKKI STITT SOKOL ON BEHALF OF DEFENDANT FACEBOOK, INC. IN SUPPORT OF PLAINTIFFS’
ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL – DKT. NO. 110
Case No. C 13-05996 PJH (MEJ)