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
DECLARATION OF NIKKI STITT
SOKOL IN SUPPORT OF 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

DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF 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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I, Nikki Stitt Sokol, declare as follows:

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1.

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 portions of the Declaration of Dale

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Harrison on Behalf of Defendant Facebook, Inc. (“Harrison Declaration”). Except as otherwise

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

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a witness, could and would testify competently to them.

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2.

information in the Harrison Declaration. Specifically, the Harrison Declaration contains non-public,
confidential, and proprietary Facebook business information that is privileged, protectable as a trade
secret or otherwise entitled to protection under the law.

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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.
4.

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Crutcher LLP

For these reasons, the following chart explains which portions of the Harrison

Declaration contain the confidential information that should be sealed:

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Portions of the Harrison Declaration concern the processes and functionality of

Facebook’s proprietary messages technology. Public disclosure of this information would cause

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The requested relief is necessary to protect the confidentiality of Facebook

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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.”
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…”
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DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF 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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Page
3-4

Text
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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5.

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

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the Harrison Declaration. The highlighted text in Exhibit A is the text that Facebook requests be

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redacted for the reasons outlined above.

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6.

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

Harrison Declaration, which redacts the information highlighted in Exhibit A.

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Gibson, Dunn &
Crutcher LLP

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DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF 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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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 New

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York, New York on October 6, 2015.

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/s/ Nikki Stitt Sokol
Nikki Stitt Sokol

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DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF 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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ATTORNEY ATTESTATION

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I, Joshua A. Jessen, attest that concurrence in the filing of this Declaration of Nikki Stitt Sokol

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has been obtained from the signatory. I declare under penalty of perjury under the laws of the United

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States of America that the foregoing is true and correct. Executed this 6th day of October, 2015, in

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Irvine, California.

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/s/ Joshua A. Jessen
Joshua A. Jessen

Dated: October 6, 2015

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DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF 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)