Campbell et al v. Facebook Inc.
Filing
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Administrative Motion to File Under Seal re Plaintiffs' Motion for Class Certification filed by Matthew Campbell, Michael Hurley. (Attachments: # 1 Proposed Order, # 2 Certificate/Proof of Service, # 3 Declaration of Melissa Gardner, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O, # 19 Exhibit P, # 20 Exhibit Q, # 21 Exhibit R, # 22 Exhibit S, # 23 Exhibit T, # 24 Exhibit U, # 25 Exhibit V, # 26 Exhibit W, # 27 Exhibit X, # 28 Exhibit Y, # 29 Exhibit Z, # 30 Exhibit AA, # 31 Exhibit BB, # 32 Exhibit CC, # 33 Exhibit DD)(Gardner, Melissa) (Filed on 11/13/2015)
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Michael W. Sobol (State Bar No. 194857)
msobol@lchb.com
David T. Rudolph (State Bar No. 233457)
drudolph@lchb.com
Melissa Gardner (State Bar No. 289096)
mgardner@lchb.com
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: 415.956.1000
Facsimile: 415.956.1008
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Hank Bates (State Bar No. 167688)
hbates@cbplaw.com
Allen Carney
acarney@cbplaw.com
David Slade
dslade@cbplaw.com
CARNEY BATES & PULLIAM, PLLC
11311 Arcade Drive
Little Rock, AR 72212
Telephone: 501.312.8500
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,
Case No. C 13-05996 PJH (MEJ)
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v.
PLAINTIFFS’ ADMINISTRATIVE
MOTION TO FILE UNDER SEAL RE
PLAINTIFFS’ MOTION FOR CLASS
CERTIFICATION AND SUPPORTING
DOCUMENTS
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FACEBOOK, INC.,
Judge: Honorable Phyllis J. Hamilton
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Plaintiff,
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Defendant.
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PLAINTIFFS’ ADMIN. MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)
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Pursuant to Civil Local Rules 7-11 and 79-5(c) and (d), Plaintiffs respectfully request an
order from the Court to authorize the filing under seal of:
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(1)
portions, as designated herein, of Plaintiffs’ Motion for Class Certification;
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(2)
portions, as designated herein, of the Expert Report of Jennifer Golbeck in
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support of Plaintiffs’ Motion for Class Certification (“Golbeck Report”);
(3)
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support of Plaintiffs’ Motion for Class Certification (“Torres Report”);
(4)
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portions, as designated herein, of the Expert Report of Fernando Torres in
portions, as designated herein, of Facebook’s Supplemental Responses and
Objections to Plaintiffs’ Narrowed Second Set of Interrogatories; and
(5)
Exhibits 3-18, 27-30, and 34-35 to the Declaration of Melissa Gardner in
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support of Plaintiffs’ Motion for Class Certification (“Gardner Cert.
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Declaration”), in their entirety.
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The specific material that Plaintiffs seek to seal is addressed in Sections 1-5 below.
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Except as stated in Section 4 with respect to personally identifiable information contained in
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Exhibit 20 to the Gardner Cert. Declaration, Plaintiffs take no position on whether the text and
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documents designated herein satisfy the requirements for sealing, and specifically reserve the
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right to challenge any “HIGHLY CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
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ATTORNEYS’ EYES ONLY” designation under the Amended Stipulated Protective Order (Dkt.
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93), as well as the sealability of these documents under Civil Local Rule 79-5.
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Pursuant to this Court’s Standing Order for Cases Involving Confidential Documents,
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Defendant must show good cause for sealing the documents upon which it has placed a
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confidentiality designation by submitting a declaration within seven days after the lodging of the
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designated documents. See also Civil Local Rule 79-5(e).
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1.
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A complete, unredacted version of Plaintiffs’ Motion for Class Certification is attached as
Plaintiffs’ Motion for Class Certification
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Exhibit A to the Declaration of Melissa Gardner in Support of Plaintiffs’ Administrative Motion
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to File Under Seal (“Gardner Declaration”), and contains yellow highlighting to indicate where
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redactions are proposed. A redacted version of the Motion is attached as Exhibit B.
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PLAINTIFFS’ ADMIN. MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)
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Plaintiffs propose to redact the text highlighted in Exhibit A, (and specifically identified in
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the [Proposed] Order submitted herewith), on the grounds that such text contains information that
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Defendant (the designating party) has designated “HIGHLY CONFIDENTIAL” or “HIGHLY
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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
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2.
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A complete, unredacted version of the Golbeck Report (Exhibit 2 to the Gardner Cert.
Report of Jennifer Golbeck in Support of Motion for Class Certification
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Declaration) is attached as Exhibit C to the Gardner Declaration, and contains yellow highlighting
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to indicate where redactions are proposed. A redacted version of the Golbeck Report is attached
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as Exhibit D.
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Plaintiffs propose to redact the text highlighted in Exhibit C, (specifically identified in the
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[Proposed] Order submitted herewith), on the grounds that such text contains information that
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Defendant (the designating party) has designated “HIGHLY CONFIDENTIAL” or “HIGHLY
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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
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3.
Expert Report of Fernando Torres in Support of Motion for Class
Certification
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A complete, unredacted version of the Torres Report (Exhibit 33 to the Gardner Cert.
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Declaration) is attached as Exhibit E to the Gardner Declaration, and contains yellow highlighting
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to indicate where redactions are proposed. A redacted version of the Torres Declaration is
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attached as Exhibit F.
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Plaintiffs propose to redact the text highlighted in Exhibit E (and specifically identified in
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the [Proposed] Order submitted herewith) on the grounds that such text contains information that
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Defendant (the designating party) has designated “HIGHLY CONFIDENTIAL” or “HIGHLY
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CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
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4.
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Facebook’s Supplemental Responses and Objections to Plaintiffs’ Narrowed
Second Set of Interrogatories
A complete, unredacted version of Facebook’s Supplemental Responses and Objections to
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Plaintiffs’ Narrowed Second Set of Interrogatories (Exhibit 20 to the Gardner Cert. Declaration)
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is attached as Exhibit G to the Gardner Declaration, and contains yellow highlighting to indicate
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where redactions are proposed. A redacted version of Facebook’s Supplemental Responses and
1279823.1
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PLAINTIFFS’ ADMIN. MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)
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Objections to Plaintiffs’ Narrowed Second Set of Interrogatories is attached as Exhibit H.
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Plaintiffs propose to redact the text highlighted in Exhibit G (and specifically identified in
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the [Proposed] Order submitted herewith), on the grounds that such text contains information that
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Defendant (the designating party) has designated “HIGHLY CONFIDENTIAL” or “HIGHLY
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CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” and which Magistrate Judge James has held
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satisfies the requirements for sealing when attached to a non-dispositive motion (Dkt. 131). This
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text contains personally identifiable information of Plaintiffs and third parties. Such personal
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information is entitled to protection under the law, and compelling reasons exist to keep it
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confidential to protect Plaintiffs’ and third parties’ privacy interests, and to prevent exposure to
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harm or identity theft. See e.g., Brewer v. Gen. Nutrition Corp., No. 11-3587, 2014 U.S. Dist.
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LEXIS 159378, *6 (N.D. Cal. Nov. 12, 2014); Nursing Home Pension Fund v. Oracle Corp., No.
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01-988, 2007 U.S. Dist. LEXIS 84000, *9-10 (N.D. Cal. Oct. 31, 2007).
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5.
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Exhibits to the Gardner Cert. Declaration Designated Confidential in their
Entirety
Plaintiffs further propose to file under seal the following documents attached as exhibits to
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the Gardner Cert. Declaration because such documents have been designated by Defendant
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“HIGHLY CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
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in their entirety: Exhibits 3-18, 27-30, and 34-35. These exhibits are attached to the Gardner
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Declaration submitted in support of this Motion to Seal, as follows:
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Exhibit I:
Gardner Cert. Decl. Exhibit 3
Exhibit J:
Gardner Cert. Decl. Exhibit 4
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Exhibit K:
Gardner Cert. Decl. Exhibit 5
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Exhibit L:
Gardner Cert. Decl. Exhibit 6
Exhibit M:
Gardner Cert. Decl. Exhibit 7
Exhibit N:
Gardner Cert. Decl. Exhibit 8
Exhibit O:
Gardner Cert. Decl. Exhibit 9
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1279823.1
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PLAINTIFFS’ ADMIN. MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)
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Exhibit P:
Gardner Cert. Decl. Exhibit 10
Exhibit Q:
Gardner Cert. Decl. Exhibit 11
Exhibit R:
Gardner Cert. Decl. Exhibit 12
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Exhibit S:
Gardner Cert. Decl. Exhibit 13
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Exhibit T:
Gardner Cert. Decl. Exhibit 14
Exhibit U:
Gardner Cert. Decl. Exhibit 15
Exhibit V:
Gardner Cert. Decl. Exhibit 16
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Exhibit W:
Gardner Cert. Decl. Exhibit 17
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Exhibit X:
Gardner Cert. Decl. Exhibit 18
Exhibit Y:
Gardner Cert. Decl. Exhibit 27
Exhibit Z:
Gardner Cert. Decl. Exhibit 28
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Exhibit AA:
Gardner Cert. Decl. Exhibit 29
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Exhibit BB:
Gardner Cert. Decl. Exhibit 30
Exhibit CC:
Gardner Cert. Decl. Exhibit 34
Exhibit DD
Gardner Cert. Decl. Exhibit 35
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As stated above, except with respect to the personally identifiable information contained
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in Exhibit 20 to the Gardner Cert. Declaration (Ex. G hereto), Plaintiffs take no position on
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whether the text and documents designated herein satisfy the requirements for sealing, and
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specifically reserve the right to challenge any “HIGHLY CONFIDENTIAL” or “HIGHLY
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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” designation, and pursuant to this Court’s
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Standing Order for Cases Involving Confidential Documents, Defendant must show good cause
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for sealing the documents upon which it has placed a confidentiality designation by submitting a
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declaration within seven days after the lodging of the designated documents. See also Civil Local
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Rule 79-5(e).
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PLAINTIFFS’ ADMIN. MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)
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Dated: November 13, 2015
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LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
By:
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/s/ Melissa Gardner
Melissa Gardner
Michael W. Sobol (State Bar No. 194857)
msobol@lchb.com
Melissa Gardner (State Bar No. 289096)
mgardner@lchb.com
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: 415.956.1000
Facsimile: 415.956.1008
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Rachel Geman
rgeman@lchb.com
Nicholas Diamand
ndiamand@lchb.com
250 Hudson Street, 8th Floor
New York, NY 10013-1413
Telephone: 212.355.9500
Facsimile: 212.355.9592
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CARNEY BATES & PULLIAM, PLLC
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Hank Bates (State Bar No. 167688)
hbates@cbplaw.com
Allen Carney
acarney@cbplaw.com
David Slade
dslade@cbplaw.com
11311 Arcade Drive
Little Rock, AR 72212
Telephone: 501.312.8500
Facsimile: 501.312.8505
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Attorneys for Plaintiffs and the Proposed Class
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1279823.1
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PLAINTIFFS’ ADMIN. MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)
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