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)

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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)

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