Campbell et al v. Facebook Inc.

Filing 124

Declaration of Nikki Stitt Sokol in Support of 121 Administrative Motion to File Under Seal re Joint Letter Brief on Plaintiffs' 30(b)(6) Deposition Notice filed byFacebook Inc.. (Related document(s) 121 ) (Jessen, Joshua) (Filed on 10/5/2015)

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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.
121

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Crutcher LLP

DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF PLAINTIFFS’ ADMINISTRATIVE MOTION TO FILE
DOCUMENTS UNDER SEAL – DKT. NO. 121
Case No. C 13-05996 PJH (MEJ)

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I, Nikki Stitt Sokol, declare as follows:
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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 (1) Exhibits A-D to the parties’ Joint

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

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Letter Brief”), and (2) portions of the Joint Letter Brief (Dkt. No. 121). Except as otherwise noted, I

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have personal knowledge of the facts set forth in this Declaration and, if called and sworn as a

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witness, could and would testify competently to them.

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2.

The requested relief is necessary to protect the confidentiality of Facebook

information in Exhibits A-D of the Joint Letter Brief and certain Facebook information relied upon in
portions of the Joint Letter Brief. Exhibits A-D of the Joint Letter Brief and portions of the Joint
Letter Brief contain non-public, confidential, and proprietary Facebook business information that
Facebook designated as HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY pursuant to the
Protective Order.
3.

Exhibit A to the Joint Letter Brief is Plaintiffs’ Notice of Deposition Pursuant to

Federal Rule of Civil Procedure 30(b)(6), served on September 18, 2015, and designated by Plaintiffs
as HIGHLY CONFIDENTIAL –ATTORNEYS’ EYES ONLY pursuant to the Protective Order.
Exhibit A contains non-public, confidential, and proprietary information from Facebook’s Responses
and Objections to Plaintiffs’ First Set of Interrogatories, served on April 1, 2015 and designated by
Facebook as HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY pursuant to the Protective
Order. The information in Facebook’s interrogatory responses concerns 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

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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. 121
Case No. C 13-05996 PJH (MEJ)

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companies that might seek to compromise the security of Facebook’s messages technology, causing

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harm to Facebook and users of Facebook’s products.

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4.

Exhibit B to the Joint Letter Brief is Facebook’s Responses and Objections to

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

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September 22, 2015 and designated by Facebook as HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY pursuant to the Protective Order. Exhibit B contains non-public, confidential, and

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proprietary information from Facebook’s Responses and Objections to Plaintiffs’ First Set of

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Interrogatories, served on April 1, 2015 and designated by Facebook as HIGHLY CONFIDENTIAL

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– ATTORNEYS’ EYES ONLY pursuant to the Protective Order. The information in Facebook’s

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interrogatory responses concerns the processes and functionality of Facebook’s messages technology

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that is protectable as a trade secret or otherwise entitled to protection under the law. Public

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disclosure of this information would cause competitive harm to Facebook by allowing its competitors

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to access sensitive information, which they could use to gain an unfair advantage against Facebook.

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Such information could also be used by individuals or companies that might seek to compromise the

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security of Facebook’s messages technology, causing harm to Facebook and users of Facebook’s

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products.

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5.

Exhibit C to the Joint Letter Brief is Facebook’s Responses and Objections to

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Plaintiffs’ First Set of Interrogatories, served on April 1, 2015 and designated by Facebook as

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HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY pursuant to the Protective Order. The

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non-public, confidential, and proprietary information in Facebook’s interrogatory responses concerns

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the processes and functionality of Facebook’s messages technology that is protectable as a trade

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secret or otherwise entitled to protection under the law. Public disclosure of this information would

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cause competitive harm to Facebook by allowing its competitors to access sensitive information,

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which they could use to gain an unfair advantage against Facebook. Such information could also be

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used by individuals or companies that might seek to compromise the security of Facebook’s

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messages technology, causing harm to Facebook and users of Facebook’s products.

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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. 121
Case No. C 13-05996 PJH (MEJ)

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6.

Exhibit D to the Joint Letter Brief is Facebook’s Supplemental Responses and

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Objections to Plaintiffs’ First Set of Interrogatories, served on September 8, 2015 and designated by

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Facebook as HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY pursuant to the Protective

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Order. The non-public, confidential, and proprietary information in Facebook’s supplemental

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interrogatory responses concerns the processes and functionality of Facebook’s messages technology

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that is protectable as a trade secret or otherwise entitled to protection under the law. Public

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disclosure of this information would cause competitive harm to Facebook by allowing its competitors

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to access sensitive information, which they could use to gain an unfair advantage against Facebook.

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Such information could also be used by individuals or companies that might seek to compromise the

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security of Facebook’s messages technology, causing harm to Facebook and users of Facebook’s

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products.

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7.

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

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Reason for Confidentiality
This includes non-public, confidential, and proprietary
information from Facebook’s Responses and Objections to
Plaintiffs’ First Set of Interrogatories (Exhibit C above),
which 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 from Facebook’s Responses and Objections to
Plaintiffs’ First Set of Interrogatories (Exhibit C above),
which 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. 121
Case No. C 13-05996 PJH (MEJ)

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2, fn. 2

Text

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.
Text between “ . . . and
This includes non-public, confidential, and proprietary
occurred for purposes . . . ” information from Facebook’s Responses and Objections to
and “ . . . (Id. at 11:8-10)”
Plaintiffs’ First Set of Interrogatories (Exhibit C above),
which 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.
Text between
This includes non-public, confidential, and proprietary
“Specifically, Facebook’s
information from Facebook’s Responses and Objections to
responses discuss . . . ” and Plaintiffs’ First Set of Interrogatories (Exhibit C above),
“ . . . See, generally, Ex, C” which 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.
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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. 121
Case No. C 13-05996 PJH (MEJ)

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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 October 5, 2015.

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/s/ Nikki Stitt Sokol
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. 121
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 American that the foregoing is true and correct. Executed this 5th day of October, 2015, in
Irvine, California.

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/s/ Joshua A. Jessen
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. 121
Case No. C 13-05996 PJH (MEJ)