Campbell et al v. Facebook Inc.

Filing 127

Administrative Motion to File Under Seal re Plaintiffs' Response to Declaration of Dale Harrison 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 Proposed Order, # 7 Certificate/Proof of Service)(Gardner, Melissa) (Filed on 10/8/2015)

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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 and MICHAEL
HURLEY, on behalf of themselves and all
others similarly situated,

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Plaintiff,
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v.
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Case No. C 13-05996 PJH (MEJ)
DECLARATION OF MELISSA GARDNER
IN SUPPORT OF PLAINTIFFS’
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL RE PLAINTIFFS'
RESPONSE TO DECLARATION OF
DALE HARRISON

FACEBOOK, INC.,
Judge: Honorable Maria-Elena James

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Defendant.
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DECLARATION OF MELISSA GARDNER IN
SUPPORT OF PLAINTIFFS’ MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)

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I, Melissa Gardner, declare:

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1.

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

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

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

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

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

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2.

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

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Under Seal, submitted in connection with Plaintiffs' Response to Declaration of Dale Harrison on

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Behalf of Defendant Facebook, Inc. (“Response”).

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3.

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

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of the Response. Highlighted text in Exhibit A is text that Plaintiffs propose to redact on the

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

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HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.

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4.

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

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the Response. Redacted text in Exhibit B is text that Plaintiffs propose to redact on the grounds

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

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.

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5.

Attached hereto as Exhibit C is Exhibit 1 to the Response, a true and correct copy

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of the document bearing Bates stamps FB000005827-FB000005879, which was produced by

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Defendant in discovery and designated by Defendant as HIGHLY CONFIDENTIAL –

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

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

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6.

Attached hereto as Exhibit D is Exhibit 2 to the Response, a true and correct copy

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of the document bearing Bates stamps FB000005502-FB000005527, which was produced by

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Defendant in discovery and designated by Defendant as HIGHLY CONFIDENTIAL –

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

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

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DECLARATION OF MELISSA GARDNER IN
SUPPORT OF PLAINTIFFS’ MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)

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7.

Plaintiffs take no position on whether the text of the Response designated for

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redaction satisfies the requirements for sealing. Plaintiffs specifically reserve the right to

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challenge any “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” designation under

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the Stipulated Protective Order as well as the sealability of these documents under Civil Local

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Rule 79-5.

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Except insofar as these documents contain personally identifiable information,

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Plaintiffs take no position on whether Exhibits C and D hereto (Exhibits 1 and 2, respectively, to

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the Response) satisfy the requirements for sealing, and Plaintiffs specifically reserve the right to

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challenge any “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” designation under

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the Stipulated Protective Order as well as the sealability of these documents under Civil Local

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Rule 79-5.

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I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed this 8th day of October, 2015, in San Francisco, California.

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LIEFF CABRASER HEIMANN & BERNSTEIN, LLP

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By:

/s/Melissa Gardner
Melissa Gardner

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DECLARATION OF MELISSA GARDNER IN
SUPPORT OF PLAINTIFFS’ MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)