Campbell et al v. Facebook Inc.

Filing 125

Administrative Motion to File Under Seal Portions of the Declaration of Dale Harrison filed by Facebook Inc.. (Attachments: # 1 Declaration of Nikki Sokol In Support of Administrative Motion to File Under Seal, # 2 Exhibit A - Unredacted Version of Declaration of Dale Harrison, # 3 Exhibit B - Redacted Version of Declaration of Dale Harrison, # 4 Proposed Order Granting Administrative Motion to File Under Seal, # 5 Certificate/Proof of Service by Email)(Jessen, Joshua) (Filed on 10/6/2015)

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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
DEFENDANT FACEBOOK, INC.’S
ADMINISTRATIVE MOTION TO FILE
PORTIONS OF THE DECLARATION OF
DALE HARRISON ON BEHALF OF
DEFENDANT FACEBOOK, INC. UNDER
SEAL

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Gibson, Dunn &
Crutcher LLP

DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION TO FILE PORTIONS OF THE DECLARATION OF DALE
HARRISON ON BEHALF OF DEFENDANT FACEBOOK, INC. UNDER SEAL
Case No. C 13-05996 PJH (MEJ)

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Pursuant to Civil Local Rules 7-11 and 79-5, and the Amended Stipulated Protective Order

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that was entered by the Court on July 1, 2015 (Dkt. No. 93), Defendant Facebook, Inc. (“Facebook”)

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files this administrative motion to seal portions of the Declaration of Dale Harrison on Behalf of

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Defendant Facebook, Inc. (“Harrison Declaration”). This motion is supported by the accompanying

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Declaration of Nikki Stitt Sokol (“Sokol Declaration”).

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A complete, unredacted version of the Harrison Declaration is attached as Exhibit A to the

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Sokol Declaration and contains yellow highlighting to indicate where redactions are proposed. A

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redacted version of the Harrison Declaration is attached as Exhibit B to the Sokol Declaration.

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As this Court has explained, the presumption of public access to judicial documents in

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connection with dispositive motions “does not apply in the same way to non-dispositive motions.”

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Real Action Paintball, Inc. v. Advanced Tactical Ordnance Systems, LLC, No. 14-CV-02435-MEJ,

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2015 WL 1534049, at *2 (N.D. Cal. Apr. 2, 2015). Accordingly, “‘[g]ood cause’ is the proper
standard when parties wish to keep records attached to a non-dispositive motion under seal.” Id.
(“Under the ‘good cause’ standard, the party seeking protection bears the burden of showing specific
prejudice or harm will result if no protective order is granted.”).
Facebook respectfully submits that it has demonstrated “good cause” to file portions of the
Harrison Declaration under seal because these portions contain information that is privileged,
protectable as a trade secret or otherwise entitled to protection under the law (L.R. 79-5(b)) and
concerns the processes and functionality of Facebook’s messages technology, release of which would
cause competitive harm to Facebook and compromise the security of Facebook’s messages
technology, causing harm to Facebook and users of Facebook’s products (Sokol Decl. ¶ 3). The
following table lists the specific portions of the Harrison Declaration that Facebook requests be filed
under seal:

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Gibson, Dunn &
Crutcher LLP

Text
Text between “The information I extracted included:” and “…which would be responsive
to Plaintiffs’ request for information…”
Text between “…already produced to Plaintiffs—” and “—are the only Objects created in
connection with sharing URLs in messages.”
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DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION TO FILE PORTIONS OF THE DECLARATION OF DALE
HARRISON ON BEHALF OF DEFENDANT FACEBOOK, INC. UNDER SEAL
Case No. C 13-05996 PJH (MEJ)

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Text
Text between “…information I located through my extensive searching—specifically…”
and “…for the 16 messages I located.”
Text between “…that may have been created in connection with these 16 messages” and
“Similarly, I am not aware of any automated…”
Text between “…billions of pieces of data per day” and “In my experience, developing
such functionality…”
Text between “…I was required to write new software code using…” and “…to find
information about the messages in Facebook’s internal system.”
Text between “I understand that this information, referred to as…” and “…was produced
to Plaintiffs.”
Text between “…I understand that Plaintiffs were unable to provide…” and “Without this
data, I could not locate the message.”
Text between “selected by Plaintiffs.” and “Using this process…”
Text between “…locate, extract, and provide…” and “…relating to 9 of the 16 messages.”
Text between “I understand that this information, referred to as…” and “…was produced
to Plaintiffs.”
Text between “7 of the 16 messages did not have a…” and “Using this process, I was able
to locate, extract, and provide information…”
Text between “…and provide information relating to the 9 URLs in the 9…” and “I
understand that this information…”
Text between “I understand that this information referred to as…” and “…was produced
to Plaintiffs.”
Text between “At the request of Facebook’s counsel, after providing the above
information…” and “Using this process, I was able to locate…”
Text between “I understand that this information, referred to as…” and “…was produced
to Plaintiffs.”
Text between “This is likely impossible. If ordered to do so…” and “…it could take
hundreds of man hours to do so.”
Text between “…that can use the Objects and Associations for each of these messages.”
and “However, the abstract hypothetical questions to all possible uses…”
Text between “The…” and “…documentation that Facebook has already produced…”
Text between “…Facebook has already produced to Plaintiffs…” and “This information
should help Plaintiffs conduct…”
Text between “I understand that Plaintiffs have also asked Facebook to produce…” and
“…for the 16 historical messages I extracted.”
Text between “…for the 16 historical messages I extracted” and “I declare under penalty
of perjury…”

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Gibson, Dunn &
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DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION TO FILE PORTIONS OF THE DECLARATION OF DALE
HARRISON ON BEHALF OF DEFENDANT FACEBOOK, INC. UNDER SEAL
Case No. C 13-05996 PJH (MEJ)

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For the reasons outlined above and in the attached Sokol Declaration, Facebook requests that
the Court order that the above portions of the Harrison Declaration be filed under seal.

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Dated: October 6, 2015

Respectfully submitted,

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GIBSON, DUNN & CRUTCHER LLP

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By:

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/s/ Joshua A. Jessen
Joshua A. Jessen

Attorneys for Defendant FACEBOOK, INC.

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DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION TO FILE PORTIONS OF THE DECLARATION OF DALE
HARRISON ON BEHALF OF DEFENDANT FACEBOOK, INC. UNDER SEAL
Case No. C 13-05996 PJH (MEJ)