Campbell et al v. Facebook Inc.

Filing 121

Administrative Motion to File Under Seal re Joint Letter Brief on Plaintiffs' 30(b)(6) Deposition Notice filed by Matthew Campbell, Michael Hurley. (Attachments: # 1 Declaration of Melissa Gardner, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Proposed Order, # 9 Certificate/Proof of Service)(Gardner, Melissa) (Filed on 10/1/2015)

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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,

Case No. C 13-05996 PJH (MEJ)
PLAINTIFFS’ ADMINISTRATIVE
MOTION TO FILE UNDER SEAL RE
JOINT LETTER ON 30(b)(6) DEPOSITION
NOTICE

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v.

Judge:

Honorable Maria-Elena James

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FACEBOOK, INC.,
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Defendant.
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PLAINTIFFS’ ADMIN. MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)

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Pursuant to Civil Local Rule 7-11 and 79-5(c) and (d), Plaintiffs respectfully request an

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order from the Court authorizing the filing under seal (1) Exhibits A-D to the Joint Letter Brief

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Regarding Topics One and Two of Plaintiffs’ 30(b)(6) Notice Of Deposition (“Joint Letter”), and

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(2) certain designated portions of the Joint Letter.

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Exhibits A-D to the Joint Letter are attached to the Declaration of Melissa Gardner

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(“Gardner Declaration”) submitted herewith. A complete, unredacted version of the Joint Letter

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is attached as Exhibit E to the Gardner Declaration, and contains yellow highlighting to indicate

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where redactions are proposed. A redacted version of the Joint Letter is attached as Exhibit F to

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the Gardner Declaration.

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Plaintiffs request that Exhibits A-D to the Joint Letter be filed under seal because those

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Exhibits have been designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

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under the Amended Stipulated Protective Order (Dkt. No. 93). Exhibits B-D were designated as

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such by Facebook. Exhibit A was designated by Plaintiffs, on the grounds that Exhibit A

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contains information previously designated as Protected Material by Facebook. Specifically,

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Exhibit A contains information contained within Facebook’s Interrogatory Responses, which

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were designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by Defendant.

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Gardner Decl. ¶¶ 5-6. Likewise, Plaintiffs propose to redact the following text within the Joint

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Letter because such text reveals information contained within Exhibits A-D:

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Page

Text

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Between “Facebook provides its
characterization of how and when it scanned its
users’ private messages for URL content,…”
and “…Likes associated with those URLs on
third party websites.”

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Between “…stating that these practices…” and
“…(Id. at 11:5-8).”

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Between “…and occurred for purposes…” and
“…(Id. at 11:8-10).”

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Between “Specifically, Facebook’s responses
discuss…” and “See, generally, Ex, C.”

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PLAINTIFFS’ ADMIN. MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)

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Plaintiffs take no position on whether the documents or text designated above satisfy the

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

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” designation under the Amended Stipulated

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Protective Order, as well as the sealability of these documents under Civil Local Rule 79-5.

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Defendant must show good cause for sealing the documents it has placed a confidentiality

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designation upon by submitting a declaration within four days after the lodging of the designated

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documents. See Civil Local Rule 79-5(e).

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Dated: October 1, 2015

LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
By:

/s/ Melissa Gardner
Melissa Gardner

Michael W. Sobol (State Bar No. 194857)
[e-mail]
Melissa Gardner (State Bar No. 289096)
[e-mail]
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: [phone]
Facsimile: 415.956.1008
Rachel Geman
[e-mail]
Nicholas Diamand
[e-mail]
250 Hudson Street, 8th Floor
New York, NY 10013-1413
Telephone: [phone]
Facsimile: 212.355.9592

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CARNEY BATES & PULLIAM, PLLC

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Hank Bates (State Bar No. 167688)
[e-mail]
Allen Carney
[e-mail]
David Slade
[e-mail]
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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PLAINTIFFS’ ADMIN. MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)