Campbell et al v. Facebook Inc.
Filing
116
Declaration of Nikki Stitt Sokol in Support of 111 Administrative Motion to File Under Seal re Joint Letter Brief on Plaintiffs' Request for Production No. 41 and Interrogatory No. 8 filed byFacebook Inc.. (Related document(s) 111 ) (Jessen, Joshua) (Filed on 9/22/2015)
1
2
3
4
5
6
7
8
9
10
11
12
13
GIBSON, DUNN & CRUTCHER LLP
JOSHUA A. JESSEN, SBN 222831
JJessen@gibsondunn.com
JEANA BISNAR MAUTE, SBN 290573
JBisnarMaute@gibsondunn.com
ASHLEY M. ROGERS, SBN 286252
ARogers@gibsondunn.com
1881 Page Mill Road
Palo Alto, California 94304
Telephone: (650) 849-5300
Facsimile: (650) 849-5333
GIBSON, DUNN & CRUTCHER LLP
GAIL E. LEES, SBN 90363
GLees@gibsondunn.com
CHRISTOPHER CHORBA, SBN 216692
CChorba@gibsondunn.com
333 South Grand Avenue
Los Angeles, California 90071
Telephone: (213) 229-7000
Facsimile: (213) 229-7520
Attorneys for Defendant
FACEBOOK, INC.
14
UNITED STATES DISTRICT COURT
15
NORTHERN DISTRICT OF CALIFORNIA
16
OAKLAND DIVISON
17
18
19
20
21
22
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.
111
23
24
25
26
27
28
Gibson, Dunn &
Crutcher LLP
DECLARATION OF NIKKI STIT SOKOL IN SUPPORT OF PLAINTIFFS’ ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL – DKT. NO. 111
CASE NO. C 13-05996 PJH (MEJ)
1
I, Nikki Stitt Sokol, declare as follows:
2
1.
I am Associate General Counsel for Litigation for Defendant Facebook, Inc.
3
(“Facebook”). Pursuant to Civil Local Rule 79-5(d) and the Amended Stipulated Protective Order
4
entered by the Court on July 1, 2015 (the “Protective Order”) (Dkt. No. 93), I submit this Declaration
5
in support of Plaintiffs’ Administrative Motion to file under seal portions of the parties’ Joint Letter
6
Brief Regarding Facebook’s Responses to Plaintiffs’ Interrogatory No. 8 and Request for Production
7
No. 41 (“Joint Letter Brief”) (Dkt. No. 111). Except as otherwise noted, I have personal knowledge
8
of the facts set forth in this Declaration and, if called and sworn as a witness, could and would testify
9
competently to them.
10
11
12
13
14
15
16
17
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
3
Text
Text between “As just one
example, FB000005827
explains that” and “
Facebook, itself, appears to
use the document”
3
Text between “Facebook,
itself, appears to use the
document ” and “Therefore,
this document and any
18
19
20
21
22
23
24
25
26
27
28
Gibson, Dunn &
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
references technical information about the processes and
functionality of Facebook’s messages technology 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
1
DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF PLAINTIFFS’ ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL – DKT. NO. 111
CASE NO. C 13-05996 PJH (MEJ)
1
Page
Text
similar reference”
3, fn 5
Text following “In multiple
instances,” and continuing to
the end of footnote 5
3, fn 6
Text between “Additionally,
FB000005827 contains
several” and “If, as this
document suggests”
3, fn 6
Text between “If, as this
document suggests” and
“Facebook must provide
Plaintiffs with this data”
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Gibson, Dunn &
Crutcher LLP
Reason for Confidentiality
references technical information about the processes and
functionality of Facebook’s messages technology that is
protectable as 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
references technical information about the processes and
functionality of Facebook’s messages technology that is
protectable as 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
references technical information about the processes and
functionality of Facebook’s messages technology that is
protectable as 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
references technical information about the processes and
functionality of Facebook’s messages technology that is
2
DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF PLAINTIFFS’ ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL – DKT. NO. 111
CASE NO. C 13-05996 PJH (MEJ)
1
Page
Text
4
Text between “Facebook did
not ‘intercept’ URLs
contained in messages” and
“This routine commercial
conduct violates no law”
4
Text between “Facebook
searched for and located 16
of them” and “Facebook also
produced”
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
Reason for Confidentiality
protectable as 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
concerns the processes and functionality of Facebook’s
messages technology that is protectable as 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
references technical information about the processes and
functionality of Facebook’s messages technology that is
protectable as 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.
24
25
26
27
28
Gibson, Dunn &
Crutcher LLP
3
DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF PLAINTIFFS’ ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL – DKT. NO. 111
CASE NO. C 13-05996 PJH (MEJ)
1
2
3
Page
4, fn 9
Text
Text between “databases
storing the” and “which were
included in the produced
documentation”
4
5
6
7
8
9
10
11
12
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
references technical about the processes and functionality
of Facebook’s messages technology that is protectable as
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.
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 Menlo
Park, California on September 22, 2015.
13
/s/
Nikki Stitt Sokol
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Gibson, Dunn &
Crutcher LLP
4
DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF PLAINTIFFS’ ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL – DKT. NO. 111
CASE NO. C 13-05996 PJH (MEJ)
1
ATTORNEY ATTESTATION
2
I, Joshua A. Jessen, attest that concurrence in the filing of this Declaration of Nikki Stitt Sokol
3
has been obtained from the signatory. I declare under penalty of perjury under the laws of the United
4
States of America that the foregoing is true and correct. Executed this 22nd day of September, 2015,
5
in Irvine, California.
6
/s/
Joshua A. Jessen
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Gibson, Dunn &
Crutcher LLP
5
DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF PLAINTIFFS’ ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL – DKT. NO. 111
CASE NO. C 13-05996 PJH (MEJ)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?