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)

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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' MOTION
FOR CLASS CERTIFICATION AND
SUPPORTING DOCUMENTS

FACEBOOK, INC.,
Judge: Honorable Phyllis J. Hamilton

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Defendant.
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DECLARATION OF MELISSA GARDNER IN
SUPPORT OF 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’ Motion for Class Certification and

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supporting documents.

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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 Plaintiffs’ Motion for Class Certification. Highlighted text in Exhibit A is text that Plaintiffs

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propose to redact on the grounds that such text contains information that Defendant (the

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designating party) has designated “HIGHLY CONFIDENTIAL” or “HIGHLY CONFIDENTIAL

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– ATTORNEYS’ EYES ONLY”.

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4.

Attached hereto as Exhibit B is a true and correct copy of Plaintiffs’ Motion for

Class Certification with the proposed redactions applied.
5.

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

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of the Report of Jennifer Golbeck in support of Plaintiffs’ Motion for Class Certification, which is

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attached as Exhibit 2 to the Gardner Declaration in Support of Plaintiffs’ Motion for Class

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Certification (“Gardner Cert. Declaration”). Highlighted text in Exhibit C is text that Plaintiffs

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propose to redact on the grounds that such text contains information that Defendant (the

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designating party) has designated “HIGHLY CONFIDENTIAL” or “HIGHLY CONFIDENTIAL

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– ATTORNEYS’ EYES ONLY”.

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6.

Attached hereto as Exhibit D is a true and correct copy of the Golbeck Report

with the proposed redactions applied.
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Attached hereto as Exhibit E is a true and correct copy of the unredacted version

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of the Report of Fernando Torres in support of Plaintiffs’ Motion for Class Certification, which is

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attached as Exhibit 33 to the Gardner Cert. Declaration. Highlighted text in Exhibit E is text that
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DECLARATION OF MELISSA GARDNER IN
SUPPORT OF MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)

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Plaintiffs propose to redact on the grounds that such text contains information that Defendant (the

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designating party) has designated “HIGHLY CONFIDENTIAL” or “HIGHLY CONFIDENTIAL

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– ATTORNEYS’ EYES ONLY”.

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8.

Attached hereto as Exhibit F is a true and correct copy of the Torres Report with

the proposed redactions applied.
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Attached hereto as Exhibit G is a true and correct copy of Facebook’s

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Supplemental Responses and Objections to Plaintiffs’ Narrowed Second Set of Interrogatories,

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which are attached as Exhibit 20 to the Gardner Cert. Declaration. Highlighted text in Exhibit G

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is text that Plaintiffs propose to redact 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”, which contains personally identifiable

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information about Plaintiffs and third parties, and which Magistrate Judge James found satisfies

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the requirements for sealing in the context of a non-dispositive motion. Dkt. 131.

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10.

Attached hereto as Exhibit H is a true and correct copy of Facebook’s

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Supplemental Responses and Objections to Plaintiffs’ Narrowed Second Set of Interrogatories

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with the proposed redactions applied.

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11.

Attached hereto as Exhibit I is a true and correct copy of Exhibit 3 to the Gardner

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Cert. Declaration, which has been designated by Defendant “HIGHLY CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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12.

Attached hereto as Exhibit J is a true and correct copy of Exhibit 4 to the Gardner

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Cert. Declaration, which has been designated by Defendant “HIGHLY CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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13.

Attached hereto as Exhibit K is a true and correct copy of Exhibit 5 to the Gardner

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Cert. Declaration, which has been designated by Defendant “HIGHLY CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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14.

Attached hereto as Exhibit L is a true and correct copy of Exhibit 6 to the Gardner

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Cert. Declaration, which has been designated by Defendant “HIGHLY CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
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DECLARATION OF MELISSA GARDNER IN
SUPPORT OF MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)

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15.

Attached hereto as Exhibit M is a true and correct copy of Exhibit 7 to the

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Gardner Cert. Declaration, which has been designated by Defendant “HIGHLY

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

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16.

Attached hereto as Exhibit N is a true and correct copy of Exhibit 8 to the Gardner

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Cert. Declaration, which has been designated by Defendant “HIGHLY CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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17.

Attached hereto as Exhibit O is a true and correct copy of Exhibit 9 to the Gardner

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Cert. Declaration, which has been designated by Defendant “HIGHLY CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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18.

Attached hereto as Exhibit P is a true and correct copy of Exhibit 10 to the

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Gardner Cert. Declaration, which has been designated by Defendant “HIGHLY

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

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19.

Attached hereto as Exhibit Q is a true and correct copy of Exhibit 11 to the

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Gardner Cert. Declaration, which has been designated by Defendant “HIGHLY

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

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20.

Attached hereto as Exhibit R is a true and correct copy of Exhibit 12 to the

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Gardner Cert. Declaration, which has been designated by Defendant “HIGHLY

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

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21.

Attached hereto as Exhibit S is a true and correct copy of Exhibit 13 to the

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Gardner Cert. Declaration, which has been designated by Defendant “HIGHLY

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

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22.

Attached hereto as Exhibit T is a true and correct copy of Exhibit 14 to the

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Gardner Cert. Declaration, which has been designated by Defendant “HIGHLY

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

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23.

Attached hereto as Exhibit U is a true and correct copy of Exhibit 15 to the

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Gardner Cert. Declaration, which has been designated by Defendant “HIGHLY

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

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

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24.

Attached hereto as Exhibit V is a true and correct copy of Exhibit 16 to the

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Gardner Cert. Declaration, which has been designated by Defendant “HIGHLY

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

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25.

Attached hereto as Exhibit W is a true and correct copy of Exhibit 17 to the

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Gardner Cert. Declaration, which has been designated by Defendant “HIGHLY

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

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26.

Attached hereto as Exhibit X is a true and correct copy of Exhibit 18 to the

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Gardner Cert. Declaration, which has been designated by Defendant “HIGHLY

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

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27.

Attached hereto as Exhibit Y is a true and correct copy of Exhibit 27 to the

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Gardner Cert. Declaration, which has been designated by Defendant “HIGHLY

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

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28.

Attached hereto as Exhibit Z is a true and correct copy of Exhibit 28 to the

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Gardner Cert. Declaration, which has been designated by Defendant “HIGHLY

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

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29.

Attached hereto as Exhibit AA is a true and correct copy of Exhibit 29 to the

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Gardner Cert. Declaration, which has been designated by Defendant “HIGHLY

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

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30.

Attached hereto as Exhibit BB is a true and correct copy of Exhibit 30 to the

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Gardner Cert. Declaration, which has been designated by Defendant “HIGHLY

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

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31.

Attached hereto as Exhibit CC is a true and correct copy of Exhibit 34 to the

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Gardner Cert. Declaration, which has been designated by Defendant “HIGHLY

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

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32.

Attached hereto as Exhibit DD is a true and correct copy of Exhibit 35 to the

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Gardner Cert. Declaration, which has been designated by Defendant “HIGHLY

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

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

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33.

Except insofar as Exhibit 20 to the Gardner Cert. Declaration (Exhibit G hereto)

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contains personally identifiable information, Plaintiffs take no position on whether the text and

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exhibits designated herein for redaction satisfy the requirements for sealing. Plaintiffs

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

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” designation under the Stipulated Protective

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Order as well as the sealability of these documents under Civil Local 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 13th day of November, 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 MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)