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)

1
2
3
4
5
6

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

7
8
9
10
11
12

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

13
Attorneys for Plaintiffs and the Proposed Class
14
15
UNITED STATES DISTRICT COURT
16
NORTHERN DISTRICT OF CALIFORNIA
17
OAKLAND DIVISION

18
19
20

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

21
Plaintiffs,
22

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

v.
23

Judge:

Honorable Maria-Elena James

FACEBOOK, INC.,
24
Defendant.
25
26
27
28
DECLARATION OF MELISSA GARDNER IN
SUPPORT OF PLAINTIFFS’ MOTION TO SEAL
Case No. C 13-05996 PJH (MEJ)

1
2

I, Melissa Gardner, declare:

3

1.

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

4

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

5

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

6

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

7

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

8
9
10
11

2.

I submit this Declaration in Support of Plaintiffs’ Administrative Motion to File

Under Seal, submitted in connection with the parties’ Joint Letter Brief Regarding Topics One
and Two of Plaintiffs’ 30(b)(6) Notice of Deposition (the “Joint Letter”).
3.

Attached hereto as Exhibit A is Exhibit A to the Joint Letter, a true and correct

12

copy of Plaintiffs’ Notice of Deposition Pursuant to Federal Rule of Civil Procedure 30(b)(6),

13

served on September 18, 2015, and designated by Plaintiffs as HIGHLY CONFIDENTIAL –

14

ATTORNEYS’ EYES ONLY pursuant to the Amended Stipulated Protective Order entered by

15

the Court on July 1, 2015 (Dkt. No 93).

16

4.

Attached hereto as Exhibit B is Exhibit B to the Joint Letter, a true and correct

17

copy of Defendant’s Responses and Objections to Plaintiffs’ Notice of Deposition Pursuant to

18

Federal Rule of Civil Procedure 30(b)(6), served on September 22, 2015 and designated by

19

Defendant as HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.

20

5.

Attached hereto as Exhibit C is Exhibit C to the Joint Letter, a true and correct

21

copy of Defendant’s Responses and Objections to Plaintiffs’ First Set of Interrogatories, served

22

on April 1, 2015 and designated by Defendant as HIGHLY CONFIDENTIAL – ATTORNEYS’

23

EYES ONLY.

24

6.

Attached hereto as Exhibit D is Exhibit D to the Joint Letter, a true and correct

25

copy of Defendant’s Supplemental Responses and Objections to Plaintiffs’ First Set of

26

Interrogatories, served on September 8, 2015 and designated by Defendant as HIGHLY

27

CONFIDENTIAL – ATTORNEYS’ EYES ONLY.

28

7.

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

of the Joint Letter. Highlighted text in Exhibit E is text that Plaintiffs propose to redact on the
-1-

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

1
2

grounds that such text contains information that Defendant (the designating party) has designated

3

HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.

4

8.

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

5

the Joint Letter. Redacted text in Exhibit F is text that Plaintiffs propose to redact on the grounds

6

that such text reflects information that Defendant (the designating party) has designated HIGHLY

7

CONFIDENTIAL – ATTORNEYS’ EYES ONLY.

8

9.

Plaintiffs take no position on whether the Exhibits A-D to the Joint Letter, or the

9

text of the Joint Letter designated for redaction, satisfy the requirements for sealing. Plaintiffs

10

specifically reserve the right to challenge any “HIGHLY CONFIDENTIAL – ATTORNEYS’

11

EYES ONLY” designation under the Stipulated Protective Order as well as the sealability of

12

these documents under Civil Local Rule 79-5.

13
14
15
16

I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed this 1st day of October, 2015, in San Francisco, California.
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP

17
18

By:

/s/Melissa Gardner
Melissa Gardner

19
20
21
22
23
24
25
26
27
28

-2-

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