Campbell et al v. Facebook Inc.

Filing 137

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)

1
2
3
4
5
6
7

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

12

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

13

Attorneys for Plaintiffs and the Proposed Class

8
9
10
11

14
15

UNITED STATES DISTRICT COURT

16

NORTHERN DISTRICT OF CALIFORNIA

17

OAKLAND DIVISION

18
19

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

Case No. C 13-05996 PJH (MEJ)

22

v.

PLAINTIFFS’ ADMINISTRATIVE
MOTION TO FILE UNDER SEAL RE
PLAINTIFFS’ MOTION FOR CLASS
CERTIFICATION AND SUPPORTING
DOCUMENTS

23

FACEBOOK, INC.,

Judge: Honorable Phyllis J. Hamilton

20

Plaintiff,

21

24

Defendant.

25
26
27
28
PLAINTIFFS’ ADMIN. MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)

1
2

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:

3

(1)

portions, as designated herein, of Plaintiffs’ Motion for Class Certification;

4

(2)

portions, as designated herein, of the Expert Report of Jennifer Golbeck in

5
6

support of Plaintiffs’ Motion for Class Certification (“Golbeck Report”);
(3)

7
8

support of Plaintiffs’ Motion for Class Certification (“Torres Report”);
(4)

9
10

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

11

support of Plaintiffs’ Motion for Class Certification (“Gardner Cert.

12

Declaration”), in their entirety.

13

The specific material that Plaintiffs seek to seal is addressed in Sections 1-5 below.

14

Except as stated in Section 4 with respect to personally identifiable information contained in

15

Exhibit 20 to the Gardner Cert. Declaration, Plaintiffs take no position on whether the text and

16

documents designated herein satisfy the requirements for sealing, and specifically reserve the

17

right to challenge any “HIGHLY CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

18

ATTORNEYS’ EYES ONLY” designation under the Amended Stipulated Protective Order (Dkt.

19

93), as well as the sealability of these documents under Civil Local Rule 79-5.

20

Pursuant to this Court’s Standing Order for Cases Involving Confidential Documents,

21

Defendant must show good cause for sealing the documents upon which it has placed a

22

confidentiality designation by submitting a declaration within seven days after the lodging of the

23

designated documents. See also Civil Local Rule 79-5(e).

24

1.

25

A complete, unredacted version of Plaintiffs’ Motion for Class Certification is attached as

Plaintiffs’ Motion for Class Certification

26

Exhibit A to the Declaration of Melissa Gardner in Support of Plaintiffs’ Administrative Motion

27

to File Under Seal (“Gardner Declaration”), and contains yellow highlighting to indicate where

28

redactions are proposed. A redacted version of the Motion is attached as Exhibit B.
1

PLAINTIFFS’ ADMIN. MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)

1

Plaintiffs propose to redact the text highlighted in Exhibit A, (and specifically identified in

2

the [Proposed] Order submitted herewith), on the grounds that such text contains information that

3

Defendant (the designating party) has designated “HIGHLY CONFIDENTIAL” or “HIGHLY

4

CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

5

2.

6

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

7

Declaration) is attached as Exhibit C to the Gardner Declaration, and contains yellow highlighting

8

to indicate where redactions are proposed. A redacted version of the Golbeck Report is attached

9

as Exhibit D.

10

Plaintiffs propose to redact the text highlighted in Exhibit C, (specifically identified in the

11

[Proposed] Order submitted herewith), on the grounds that such text contains information that

12

Defendant (the designating party) has designated “HIGHLY CONFIDENTIAL” or “HIGHLY

13

CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

14

3.

Expert Report of Fernando Torres in Support of Motion for Class
Certification

15
A complete, unredacted version of the Torres Report (Exhibit 33 to the Gardner Cert.
16
Declaration) is attached as Exhibit E to the Gardner Declaration, and contains yellow highlighting
17
to indicate where redactions are proposed. A redacted version of the Torres Declaration is
18
attached as Exhibit F.
19
Plaintiffs propose to redact the text highlighted in Exhibit E (and specifically identified in
20
the [Proposed] Order submitted herewith) on the grounds that such text contains information that
21
Defendant (the designating party) has designated “HIGHLY CONFIDENTIAL” or “HIGHLY
22
CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
23
4.

24
25

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

26

Plaintiffs’ Narrowed Second Set of Interrogatories (Exhibit 20 to the Gardner Cert. Declaration)

27

is attached as Exhibit G to the Gardner Declaration, and contains yellow highlighting to indicate

28

where redactions are proposed. A redacted version of Facebook’s Supplemental Responses and
1279823.1

-2-

PLAINTIFFS’ ADMIN. MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)

1

Objections to Plaintiffs’ Narrowed Second Set of Interrogatories is attached as Exhibit H.

2

Plaintiffs propose to redact the text highlighted in Exhibit G (and specifically identified in

3

the [Proposed] Order submitted herewith), on the grounds that such text contains information that

4

Defendant (the designating party) has designated “HIGHLY CONFIDENTIAL” or “HIGHLY

5

CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” and which Magistrate Judge James has held

6

satisfies the requirements for sealing when attached to a non-dispositive motion (Dkt. 131). This

7

text contains personally identifiable information of Plaintiffs and third parties. Such personal

8

information is entitled to protection under the law, and compelling reasons exist to keep it

9

confidential to protect Plaintiffs’ and third parties’ privacy interests, and to prevent exposure to

10

harm or identity theft. See e.g., Brewer v. Gen. Nutrition Corp., No. 11-3587, 2014 U.S. Dist.

11

LEXIS 159378, *6 (N.D. Cal. Nov. 12, 2014); Nursing Home Pension Fund v. Oracle Corp., No.

12

01-988, 2007 U.S. Dist. LEXIS 84000, *9-10 (N.D. Cal. Oct. 31, 2007).

13

5.

14
15

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

16

the Gardner Cert. Declaration because such documents have been designated by Defendant

17

“HIGHLY CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”

18

in their entirety: Exhibits 3-18, 27-30, and 34-35. These exhibits are attached to the Gardner

19

Declaration submitted in support of this Motion to Seal, as follows:

20

Exhibit I:

Gardner Cert. Decl. Exhibit 3

Exhibit J:

Gardner Cert. Decl. Exhibit 4

23

Exhibit K:

Gardner Cert. Decl. Exhibit 5

24

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

21
22

25
26
27
28
1279823.1

-3-

PLAINTIFFS’ ADMIN. MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)

1

Exhibit P:

Gardner Cert. Decl. Exhibit 10

Exhibit Q:

Gardner Cert. Decl. Exhibit 11

Exhibit R:

Gardner Cert. Decl. Exhibit 12

5

Exhibit S:

Gardner Cert. Decl. Exhibit 13

6

Exhibit T:

Gardner Cert. Decl. Exhibit 14

Exhibit U:

Gardner Cert. Decl. Exhibit 15

Exhibit V:

Gardner Cert. Decl. Exhibit 16

10

Exhibit W:

Gardner Cert. Decl. Exhibit 17

11

Exhibit X:

Gardner Cert. Decl. Exhibit 18

Exhibit Y:

Gardner Cert. Decl. Exhibit 27

Exhibit Z:

Gardner Cert. Decl. Exhibit 28

15

Exhibit AA:

Gardner Cert. Decl. Exhibit 29

16

Exhibit BB:

Gardner Cert. Decl. Exhibit 30

Exhibit CC:

Gardner Cert. Decl. Exhibit 34

Exhibit DD

Gardner Cert. Decl. Exhibit 35

2
3
4

7
8
9

12
13
14

17
18
19
20

As stated above, except with respect to the personally identifiable information contained

21

in Exhibit 20 to the Gardner Cert. Declaration (Ex. G hereto), Plaintiffs take no position on

22

whether the text and documents designated herein satisfy the requirements for sealing, and

23

specifically reserve the right to challenge any “HIGHLY CONFIDENTIAL” or “HIGHLY

24

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” designation, and pursuant to this Court’s

25

Standing Order for Cases Involving Confidential Documents, Defendant must show good cause

26

for sealing the documents upon which it has placed a confidentiality designation by submitting a

27

declaration within seven days after the lodging of the designated documents. See also Civil Local

28

Rule 79-5(e).
1279823.1

-4-

PLAINTIFFS’ ADMIN. MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)

1

Dated: November 13, 2015

2

LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
By:

3

/s/ Melissa Gardner
Melissa Gardner

Michael W. Sobol (State Bar No. 194857)
[e-mail]
Melissa Gardner (State Bar No. 289096)
[e-mail]
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: [phone]
Facsimile: 415.956.1008

4
5
6
7
8

Rachel Geman
[e-mail]
Nicholas Diamand
[e-mail]
250 Hudson Street, 8th Floor
New York, NY 10013-1413
Telephone: [phone]
Facsimile: 212.355.9592

9
10
11
12
13

CARNEY BATES & PULLIAM, PLLC

14

Hank Bates (State Bar No. 167688)
[e-mail]
Allen Carney
[e-mail]
David Slade
[e-mail]
11311 Arcade Drive
Little Rock, AR 72212
Telephone: [phone]
Facsimile: 501.312.8505

15
16
17
18
19

Attorneys for Plaintiffs and the Proposed Class

20
21
22
23
24
25
26
27
28
1279823.1

-5-

PLAINTIFFS’ ADMIN. MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)