Campbell et al v. Facebook Inc.

Filing 148

Exhibits re 147 Administrative Motion to File Under Seal Documents in Support of Facebook's Opposition to Plaintiffs Motion for Class Certification filed by Facebook Inc.. (Attachments: # 1 Exhibit 9 (Unredacted), # 2 Exhibit 10 (Redacted), # 3 Exhibit 11 (Unredacted), # 4 Exhibit 12 (Redacted), # 5 Exhibit 13 (Unredacted), # 6 Exhibit 14 (Redacted), # 7 Exhibit 15 - Part 1 (Unredacted), # 8 Exhibit 15 - Part 2 (Unredacted), # 9 Exhibit 16 (Redacted), # 10 Exhibit 17 (Unredacted))(Chorba, Christopher) (Filed on 1/15/2016) Modified on 1/20/2016 (vlkS, COURT STAFF).

EXHIBIT 12
REDACTED VERSION OF DOCUMENT(S)
SOUGHT TO BE SEALED

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
________________________________
)
MATTHEW CAMPBELL, MICHAEL
)
HURLEY, and DAVID SHADPOUR, on )
behalf of themselves and all
)
others similarly situated,
)
)
Plaintiffs,
)
)
vs.
) Case No.
) C 13-05996 PJH
)
FACEBOOK, INC.,
)
)
Defendant.
)
________________________________)
HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
VIDEOTAPED DEPOSITION OF RAY HE
Palo Alto, California
Friday, September 25, 2015
Volume I

Reported by:
CHRIS TE SELLE
CSR No. 10836
Job No. 2144894
PAGES 1 - 273
Page 1
Veritext Legal Solutions
866 299-5127

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
1

describe as a

.

2

Q.

Between

3

A.

And

4

Q.

What's a

5

10:19:23

and what?

A.

10:19:37

6

.

7

Q.

8

What's a

A.

9
10

.

11

Q.

12

What is a

10:19:58

?

A.

13
14
15
16

10:20:32
Q.

17
18

?

19

MR. CHORBA:

20

THE WITNESS:

21
22

Objection.

Vague as to time.
10:20:56

.
BY MR. CARNEY:

23

Q.

Okay.

2009 to 2012.

24

A.

I believe so, yes.

25

Q.

At what time period was that different?

10:21:09
Page 56

Veritext Legal Solutions
866 299-5127

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
1
2
3

MR. CHORBA:

6
7

THE WITNESS:

Depends on what you mean by

BY MR. CARNEY:
Q.

11:04:48

What did you mean by

when you

used that term in this e-mail?
A.

9

because

10

Q.

12

11:04:44

.

8

11

Vague as to

share_count.

4
5

Objection.

I couldn't, I don't remember what I meant,
means two different things.
Okay.

What are the two things

11:05:01

means?
A.

13
14
15

11:05:21

16

.

17

Q.

What did you mean by,

18

A.

Not all

19

created are

accounted for in the

20

Q.

21

?

.

Which ones are not?

11:05:59

A.

,

22
23

.

24

Q.

25

And what is a

?

A.

11:06:17
Page 77

Veritext Legal Solutions
866 299-5127

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
1

11:06:23

2
3
4
5

11:06:36

6
7
8

.

9

Q.

Okay.

10

A.

Also, there have been periods of time

11

11:06:51

.

12

Q.

13

A.

15

Q.

16
17

20

When -- strike that.
Did you

11:07:10
at any time

between 2009 and 2012?

18
19

What does that mean?

A.

Yes, for

Q.

But it's just for

.
,

11:07:22

21
22

A.

23

.

24

Q.

When did that occur?

25

A.

I can't say for sure, but I believe in

11:07:39
Page 78

Veritext Legal Solutions
866 299-5127

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
1

A.

I believe the

11:37:12

2
3

.
Q.

Did you work on the

4

?

5

A.

Yes.

6

Q.

Who was that information made available --

7

11:37:32

strike that question.

8
, who was that
10

information made available to?

11

only, or third parties?

12

A.

11:37:46

It

Q.

Facebook employees

Did you ever

13
14

11:38:04
16

A.

Yes.

17

Q.

And what was it?

18

A.

.
21

Q.

22

A.

23

Q.

11:38:22

What were the other reasons?
.
And was that functionality

24
25

11:38:44
Page 91

Veritext Legal Solutions
866 299-5127

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
1

A.

No.

2

Q.

Do you see the term,

3

11:38:44
, that's in the

comments section?

4

A.

Yes.

5

Q.

What is

6

A.

7

Q.

And in 2009,

8

A.

It depends on what you mean.

, as that term is used there?

11:39:05
.

9
10

11:39:35

11
12

Q.
?

13

A.

14

.

Q.

15
16
17

11:39:43
A.

I would not be able to make a list of

those from memory.

18

Q.

Do you know any?

19

A.

At, depending on time, I might be able to

20
21
22

remember a few.
Q.

Okay.

11:40:00
Do you see down at the bottom of

the page, the heading, summary?

23

A.

Yes.

24

Q.

Do you know whether you drafted that

25

summary?

11:40:10
Page 92

Veritext Legal Solutions
866 299-5127

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
1

Facebook server stored as a

2

MR. CHORBA:

3

THE WITNESS:

4

Objection.

?

02:22:01

Vague as to time.

It depends on the time period.

BY MR. CARNEY:

5

Q.

'09 through 12.

6

A.

13

Q.

You said --

14

A.

Sometimes.

15

Q.

You said that on what occasions would that

16

happen.

17

02:22:16

sometimes.

02:23:09

I'm trying to tackle your use of the word,

18

A.

20

Q.

What occasions?

21

A.

If,

02:23:22

02:23:38
Page 156

Veritext Legal Solutions
866 299-5127

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
1

value, or not at all.

2

Q.

02:23:42

Are there any other circumstances, other

3

than

, that a

4

be created following the creation of a

5

would not
ic

?

6

A.

7

was created.

8

created.

02:23:55

So, you mentioned that the
The

is not always

It's

.

9

Q.

Oh.

10

A.

It can be

11

Q.

In what circumstances is it

12

A.

In the general case,

02:24:07

13
14

?

.
Q.

And you testified a moment ago that a

15

, correct?

16

A.

17

Q.

18

A.

This is the

19

Q.

And what document are you looking at?

20

A.

I'm looking at Exhibit 14.

21

Q.

And the, I'm sorry, the

22

; is that what you said?

23

A.

02:24:31

24
25

.
?

Yes.

.

02:24:47

If you look from, on the left, it's

maybe the, halfway down the page.
Q.

I see it.

And there is a string of 17

02:25:04
Page 157

Veritext Legal Solutions
866 299-5127

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
1
2

Q.

03:33:06

have caused -- strike that question.

3
4

And what are the circumstances that may

If the user did not have JavaScript
enabled, would a

have been created?

5

A.

No.

6

Q.

Does that mean that no

7

03:33:30
would

have been created?

8

A.

Yes.

9

Q.

Does a

10

the

have to come before

?

11

MR. CHORBA:

12

03:33:44
Objection.

THE WITNESS:

Vague as to time.

Do you mean a

13

never have, would not have to exist for a

14

to exist?

15

would

BY MR. CARNEY:

16

Q.

03:34:09

In the context of URLs embedded in private

17

messages between 2010 and 2012, would a

18

would an

have to exist prior to the

19

creation of an

?

20
21

A.

If, are we still under the premise that

,

03:34:26

the user has JavaScript enabled?

22

Q.

JavaScript is enabled.

23

A.

Okay.

24
25

There must be an

before there is an
Q.

, at any stage.

At any stage.

03:34:41
Page 190

Veritext Legal Solutions
866 299-5127

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
1

A.

Yes.

05:56:21

2

Q.

What is it?

3

A.

It is the

4
5

.
Q.

What is in the

6
7

05:56:43

And I'm looking at the second line
there of the second paragraph.

8

MR. CHORBA:

9

THE WITNESS:

10

on a

Objection.

Vague as to time.

It does depend on time.

BY MR. CARNEY:

05:57:02

11

Q.

Let's start with January 24, 2012.

12

A.

The

13

on a

refers to the

, and that was the

14
15
16
17
18
19

here

we previously talked
about, so, Exhibit 14?
Q.

Uh-huh.

05:57:17

Who is the best person to talk to

about the creation of source code for
MR. CHORBA:

Objection.

Vague as to, best.

BY MR. CARNEY:

20

Q.

Most knowledgeable.

21

MR. CHORBA:

22

THE WITNESS:

23

Answer, if you know.
It depends on the time period in

question.

24

05:58:14

BY MR. CARNEY:

25

Q.

How about 2010 through 2012?

05:58:21
Page 252

Veritext Legal Solutions
866 299-5127

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

1

I, the undersigned, a Certified Shorthand

2

Reporter of the State of California, do hereby

3

certify:

4

That the foregoing proceedings were taken

5

before me at the time and place herein set forth;

6

that any witnesses in the foregoing proceedings,

7

prior to testifying, were duly sworn; that a record

8

of the proceedings was made by me using machine

9

shorthand which was thereafter transcribed under my

10

direction; that the foregoing transcript is a true

11

record of the testimony given.

12

Further, that if the foregoing pertains to the

13

original transcript of a deposition in a Federal

14

Case, before completion of the proceedings, review

15

of the transcript [X] was [

16

] was not requested.

I further certify I am neither financially

17

interested in the action nor a relative or employee

18

of any attorney or party to this action.

19
20

IN WITNESS WHEREOF, I have this date subscribed
my name.

21
22

Dated:10/9/15

23
24

<%signature>
CHRIS TE SELLE

25

CSR No. 10836
Page 273
Veritext Legal Solutions
866 299-5127