Campbell et al v. Facebook Inc.

Filing 162

Exhibits in Support of 147 Administrative Motion to File Under Seal and Documents in Support of Facebooks Opposition to Plaintiffs Motion for Class Certification (Dkt. 149) filed by Facebook Inc.. (Attachments: # 1 Replacement for Dkt. 147-1 (Declaration of Nikki Stitt Sokol In Support Of Defendant Facebook, Inc.s Administrative Motion to File Documents in Support of its Opposition to Plaintiffs Motion for Class Certification Under Seal), # 2 Replacement for Dkt. 147-2 ([Proposed] Order Authorizing the Filing of Documents Under Seal), # 3 Replacement for Dkt. 147-5 ((Exhibit 3) Unredacted Chorba Declaration Motion to Seal), # 4 Replacement for Dkt. 147-6 ((Exhibit 4) Redacted Chorba Declaration Motion to Seal), # 5 Replacement for Dkt. 149-1 (Redacted Chorba Declaration Opposition to Class Certification), # 6 Replacement for Dkt. 149-7 (Redacted Expert Report of Dr. Catherine Tucker Opposition to Class Certification), # 7 Replacement for Dkt. 154-11 ((Exhibit 66) Unredacted Tucker Expert Report Motion to Seal), # 8 Replacement for Dkt. 154-12 ((Exhibit 67) Redacted Tucker Expert Report Motion to Seal), # 9 Replacement for Dkt. 155-1 (Unredacted Appendix of Evidence (Part 1 of 19) Motion to Seal), # 10 Replacement for Dkt. 156-9 (Unredacted Appendix of Evidence (Part 19 of 19) Motion to Seal), # 11 Replacement for Dkt. 157-1 (Redacted Appendix of Evidence (Part 1 of 13) Opposition to Class Certification), # 12 Replacement for Dkt. 157-13 (Unredacted Appendix of Evidence (Part 13 of 13)) Motion to Seal))(Chorba, Christopher) (Filed on 1/22/2016) Modified on 1/22/2016 (vlkS, COURT STAFF).

Replacement for
Dkt. 147-1

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GIBSON, DUNN & CRUTCHER LLP
JOSHUA A. JESSEN, SBN 222831
[e-mail]
JEANA BISNAR MAUTE, SBN 290573
[e-mail]
PRIYANKA RAJAGOPALAN, SBN 278504
[e-mail]
ASHLEY M. ROGERS, SBN 286252
[e-mail]
1881 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
GIBSON, DUNN & CRUTCHER LLP
CHRISTOPHER CHORBA, SBN 216692
[e-mail]
333 South Grand Avenue
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
FACEBOOK, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISON

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MATTHEW CAMPBELL and MICHAEL
HURLEY,
Plaintiffs,
v.
FACEBOOK, INC.,
Defendant.

Case No. C 13-05996 PJH
PUTATIVE CLASS ACTION
DECLARATION OF NIKKI STITT
SOKOL IN SUPPORT OF DEFENDANT
FACEBOOK, INC.’S ADMINISTRATIVE
MOTION TO FILE DOCUMENTS IN
SUPPORT OF ITS OPPOSITION TO
PLAINTIFFS’ MOTION FOR CLASS
CERTIFICATION UNDER SEAL
HEARING:
Date:
March 16, 2016
Time:
9:00 A.M.
Location:
Courtroom 3, Third Floor
The Honorable Phyllis J. Hamilton

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DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
UNDER SEAL - CASE NO. C 13-05996 PJH

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I, Nikki Stitt Sokol, declare as follows:
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I am Associate General Counsel for Litigation for Defendant Facebook, Inc.

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(“Facebook”). Pursuant to Civil Local Rule 79-5(d) and the Amended Stipulated Protective Order

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entered by the Court on July 1, 2015 (the “Protective Order”) (Dkt. No. 93), I submit this Declaration

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in support of Facebook’s Administrative Motion to File Documents In Support of Its Opposition to

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Plaintiffs’ Motion for Class Certification (“Motion to Seal”). Except as otherwise noted, I have

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personal knowledge of the facts set forth in this Declaration and, if called and sworn as a witness,

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could and would testify competently to them.

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2.

The Motion to Seal sets forth the documents sought to be sealed, including the

following:
(1) designated portions of Facebook’s Opposition to Plaintiffs’ Motion for Class Certification;
(2) designated portions of the Declaration of Christopher Chorba In Support of Defendant
Facebook, Inc.’s Opposition to Plaintiffs’ Motion for Class Certification (“Chorba Declaration”);
designated portions of Exhibits R, W, BB, CC, DD, EE, II, JJ to the Chorba Declaration; and Exhibits
A, B, C, D, L, M, N, O, P, Q, S, T, U, V, FF, GG, HH, KK, and LL to the Chorba Declaration in their
entirety;
(3) designated portions of the Declaration of Alex Himel In Support of Defendant Facebook,
Inc.’s Opposition to Plaintiffs’ Motion for Class Certification (“Himel Declaration”), and designated
portions of Exhibits MM, NN ,and OO to the Himel Declaration;
(4) designated portions of the Declaration of Dan Fechete In Support of Defendant Facebook,
Inc.’s Opposition to Plaintiffs’ Motion for Class Certification (“Fechete Declaration”), and Exhibits
PP, QQ, RR, SS, TT, UU, VV, WW, XX, YY, ZZ, and AAA to the Fechete Declaration in their
entirety;
(5) designated portions of the Declaration of Michael Adkins In Support of Defendant
Facebook, Inc.’s Opposition to Plaintiffs’ Motion for Class Certification (“Adkins Declaration”);
(6) designated portions of the Expert Report of Dr. Benjamin Goldberg (“Goldberg Report”);
(7) designated portions of the Expert Report of Dr. Catherine Tucker (“Tucker Report”); and
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DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
UNDER SEAL - CASE NO. C 13-05996 PJH

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(8) designated portions of the Appendix of Evidence in Support of Defendant Facebook,

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Inc.’s Opposition to Plaintiffs’ Motion for Class Certification (“Appendix of Evidence”).

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Facebook’s Opposition to Plaintiffs’ Motion for Class Certification

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Good cause exists to seal portions of Facebook’s Opposition to Plaintiffs’ Motion for

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Class Certification (Exhibit 1 to the Motion to Seal). Specifically, the following portions contain

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non-public, confidential, and proprietary Facebook business information or testimony of individual

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named Plaintiffs designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’

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EYES ONLY pursuant to the Amended Stipulated Protective Order. The public does not at this time

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have a meaningful interest in obtaining such information, and public disclosure of this information

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would cause particularized harm to Facebook by allowing its competitors to access sensitive

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information, which they could use to gain an unfair advantage against Facebook. Such information

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could also be used by individuals or companies that might seek to compromise the security of

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Facebook’s messages technology, causing harm to Facebook and the people who use Facebook’s

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services:

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Sealable Portions
2:17-18, 24-2; 3:16-17; 4:917; 7:20-22; 11:8-9, 19-22;
12:18-22; 14:21-23; 15:1516, 24-25; 16:1-4, 14-24, 26;
20:12-13, 17-20; 21:7-9, 1519; 23:7-10; 26:10-12; 29:314; 30:2-3, 5-6
3:3-4; 5:23-24; 6:1-3, 17-21;
7:1-16; 8:4-14; 9:10-14, 19,
22, 26; 11-1, 3-8, 9-12, 1618, 23-28; 12:1-4, 26, 28;
13:1-10, 26-28; 14:4, 11-12,
18-19; 18:14-15, 19; 23:2526; 26:12
8:20-22; 20:5-6

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21:23-28

Reason for Confidentiality
This reflects information provided in Plaintiffs’ discovery
responses and deposition testimony, designated as
CONFIDENTIAL by Plaintiffs pursuant to the Amended Stipulated
Protective Order, or concerns information related to Plaintiffs’
individual Facebook use from Facebook’s systems.
This information concerns the processes and functionality of
Facebook’s software and internal tools that is protectable as a trade
secret or otherwise entitled to protection under the law, or concerns
topics whose discussion would reveal facts regarding that software
and those internal tools.
This is non-public, confidential, and proprietary business metrics
and analytics information that is competitively sensitive and that
risks particularized harm to Facebook if revealed, and which the
public does not have a particular interest in obtaining.
This information includes Facebook internal discussions regarding
the processes and functionality of Facebook’s technology and
business and engineering decisions that is protectable as a trade
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DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
UNDER SEAL - CASE NO. C 13-05996 PJH

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Sealable Portions

Reason for Confidentiality
secret or otherwise entitled to protection under the law.
This concerns testimony from Plaintiffs’ technical expert, Dr.
Jennifer Golbeck, who opined on the processes and functionality of
Facebook’s software and internal tools that are protectable as a
trade secret or otherwise entitled to protection under the law.
This concerns testimony from Plaintiffs’ damages expert, Fernando
Torres, who opined on calculations relying on Facebook’s nonpublic, confidential, and proprietary business metrics and financial
information that were designated as HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY by Facebook pursuant to the
Amended Stipulated Protective Order.

25:3-4

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27:21

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Chorba Declaration

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4.

Good cause exists to seal portions of the Chorba Declaration (Exhibit 3 to the Motion

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to Seal). Specifically, as identified below, the information at lines 4:24-28; 5:1-2; and 5:2-4 of the

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Chorba Declaration contains non-public, confidential, and proprietary Facebook business information

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that Facebook designated as HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY pursuant to

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the Amended Stipulated Protective Order. The public does not at this time have a meaningful interest

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in obtaining such information, and public disclosure of this information would cause particularized

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harm to Facebook by allowing its competitors to access sensitive information, which they could use

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to gain an unfair advantage against Facebook. Such information could also be used by individuals or

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companies that might seek to compromise the security of Facebook’s messages technology, causing

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harm to Facebook and the people who use Facebook’s services. The remaining portions identified

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below contain or reflect information designated as CONFIDENTIAL by Plaintiffs pursuant to the

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Amended Stipulated Protective Order. While Facebook is obligated to submit this information for

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sealing, Facebook takes no position on whether the information designated by Plaintiffs satisfies the

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requirements for sealing.

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Sealable Portions
2:12

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2:17

Reason for Confidentiality
This reflects information provided in Plaintiff Matthew Campbell’s Corrected
Objections and Responses to Defendant Facebook, Inc.’s First Set of
Interrogatories, which was designated as CONFIDENTIAL by Plaintiffs
pursuant to the Amended Stipulated Protective Order.
This reflects information provided in Plaintiff Michael Hurley’s Objections
and Responses to Defendant Facebook, Inc.’s First Set of Interrogatories,
which was designated as CONFIDENTIAL by Plaintiffs pursuant to the
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DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
UNDER SEAL - CASE NO. C 13-05996 PJH

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Sealable Portions
2:22

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3:2-11

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3:17-18; 3:18-19;
3:20-21; 4:1-2;
4:3-7
4:24-28; 5:1-2;
5:2-4

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5:16-20; 5:23-25
12:14, 12:16;
12:18

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5.

Reason for Confidentiality
Amended Stipulated Protective Order.
This reflects information provided in Plaintiff Matthew Campbell’s Corrected
Objections and Responses to Defendant Facebook, Inc.’s First Set of
Interrogatories, which was designated as CONFIDENTIAL by Plaintiffs
pursuant to the Amended Stipulated Protective Order.
This information supplements Plaintiffs’ responses to Defendant Facebook,
Inc.’s First Set of Interrogatories, which Plaintiffs designated as
CONFIDENTIAL pursuant to the Amended Stipulated Protective Order.
This reflects information regarding Plaintiffs Matthew Campbell’s messages,
which was designated as CONFIDENTIAL by Plaintiffs pursuant to the
Amended Stipulated Protective Order.
This reflects information from Facebook’s Second Supplemental Responses
and Objections to Plaintiffs’ Narrowed Second Set of Interrogatories, which
Facebook designated as HIGHLY CONFIDENTIAL – ATTORNEYS EYES
ONLY pursuant to the Amended Stipulated Protective Order. The referenced
portion of Facebook’s discovery responses concerns the internal processes
and functionality of Facebook’s messages technology that is protectable as a
trade secret or otherwise entitled to protection under the law.
This reflects information regarding Plaintiffs Matthew Campbell’s messages,
which was designated as CONFIDENTIAL by Plaintiffs pursuant to the
Amended Stipulated Protective Order.
This reflects information identifying absent putative class members, whose
identities have been designated as CONFIDENTIAL by Plaintiffs pursuant to
the Amended Stipulated Protective Order.

Facebook also moves to seal certain portions of Exhibits R, W, BB, CC, DD, EE, II,

and JJ to the Chorba Declaration. Specifically, as identified below, good cause exists to seal the
following portions of Exhibits BB, CC, DD, EE, II, JJ because they contain non-public, confidential,
and proprietary Facebook business information that Facebook designated as HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY pursuant to the Amended Stipulated Protective
Order. The public does not at this time have a meaningful interest in obtaining such information, and
public disclosure of this information would cause particularized harm to Facebook by allowing its
competitors to access sensitive information, which they could use to gain an unfair advantage against
Facebook. Such information could also be used by individuals or companies that might seek to
compromise the security of Facebook’s messages technology, causing harm to Facebook and the
people who use Facebook’s services. Additionally, portions of Exhibits R and W contain or reflect
information designated as CONFIDENTIAL by Plaintiffs pursuant to the Amended Stipulated
Protective Order. While Facebook is obligated to submit Exhibits R and W for sealing, Facebook
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DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
UNDER SEAL - CASE NO. C 13-05996 PJH

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takes no position on whether the information designated by Plaintiffs satisfies the requirements for

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sealing.

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Exhibit
Exhibit R - April 10,
2015 Letter from David
Rudolph to Joshua
Jessen (Exhibit 5 to
Motion to Seal)

Sealable Portions
Page 1, text between
“response contained” and
“detailed entries”

Exhibit W – July 24,
2015 Letter from David
Rudolph to Joshua
Jessen (Exhibit 7 to
Motion to Seal)
Exhibit BB – Excerpts
from June 30, 2015
Deposition of Jiakai Liu
(Exhibit 9 to Motion to
Seal)
Exhibit BB – Excerpts
from June 30, 2015
Deposition of Jiakai Liu
(Exhibit 9 to Motion to
Seal)
Exhibit BB – Excerpts
from June 30, 2015
Deposition of Jiakai Liu
(Exhibit 9 to Motion to
Seal)
Exhibit CC – Excerpts
from September 25,
2015 Deposition of Ray
He (Exhibit 11 to
Motion to Seal)

Page 2, text between
“Interrogatory No. 5 as
follows” and “Plaintiffs’
Responses to Facebook’s
Contention”
84:3; 84:5; 84:6-10;
107:1-2

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Errata 9:23

Errata 94:21; 94:23;
94:25; 197:7; 197:10;
254:1-5
56:1-18; 56:20-21; 77:4;
77:6; 77:9-25; 78:1-8;
78:11; 78:13-14; 78:16;
78:18-23; 91:1-4; 91:8-9;
91:12-15; 91:18-20;
91:22-25; 92:2; 92:5-15;
156:1; 156:6-12; 156:1819; 156:21-25; 157:3-8;
157:10-13; 157:15-18;
157:21-22; 190:4; 190:910; 190:12-13; 190:1719; 190:23-24; 252:3-6;
252:12-14; 252:17;
Errata 28:12; Errata 29:5;
Errata 30:7; Errata 32:7;

Reason for Confidentiality
This reflects information provided in
Plaintiff Matthew Campbell’s Corrected
Objections and Responses to Defendant
Facebook, Inc.’s First Set of
Interrogatories, which was designated as
CONFIDENTIAL by Plaintiffs pursuant to
the Amended Stipulated Protective Order.
This information supplements Plaintiffs’
responses to Facebook Interrogatory No. 5,
which was designated as CONFIDENTIAL
by Plaintiffs pursuant to the Amended
Stipulated Protective Order.
This information concerns the processes
and functionality of Facebook’s software
and internal tools that is protectable as a
trade secret or otherwise entitled to
protection under the law.
This information concerns a non-party
individual’s personal residential address
and is thus entitled to protection under the
law.
This information concerns the processes
and functionality of Facebook’s software
and internal tools that is protectable as a
trade secret or otherwise entitled to
protection under the law.
This information concerns the processes
and functionality of Facebook’s software
and internal tools that is protectable as a
trade secret or otherwise entitled to
protection under the law.

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DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
UNDER SEAL - CASE NO. C 13-05996 PJH

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Exhibit

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Exhibit DD – Excerpts
from December 18,
2015 Deposition of
Fernando Torres
(Exhibit 13 to Motion to
Seal)
Exhibit EE - Excerpts
from December 16,
2015 Deposition of
Jennifer Golbeck
(Exhibit 15 to Motion to
Seal)

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Exhibit II – Excerpts
from October 28, 2015
Deposition of Ray He
(Exhibit 17 to Motion to
Seal)

Sealable Portions
Reason for Confidentiality
Errata 52:25; Errata 53:1;
Errata 65:19; Errata
79:19; Errata 92:16;
Errata 97:17; Errata
101:8; Errata 102:2;
Errata 128:21; Errata
129:11; Errata
“throughout”; Errata
163:4; Errata 178:23;
Errata 179:12; Errata
197:14; Errata 212:3;
Errata 223:9; Errata
251:2,4; Errata 262:23
290:15-17; 290:19-21
This reflects information from Plaintiff
Matthew Campbell’s Corrected Objections
and Responses to Defendant Facebook,
Inc.’s First Set of Interrogatories, which
Plaintiffs designated as CONFIDENTIAL
pursuant to the Amended Stipulated
Protective Order.
105:3-355:6
This information includes non-public,
confidential, and proprietary information
that Facebook designated as HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES
ONLY pursuant to the Amended Stipulated
Protective Order and that was included in
Dr. Jennifer Golbeck’s Expert Report in
Support of Plaintiffs’ Motion for Class
Certification, which was filed under seal by
Plaintiffs. (Dkt. 138-6.) This information
concerns the internal processes and
functionality of Facebook’s messages
technology and source code that is
protectable as a trade secret or otherwise
entitled to protection under the law. It also
contains references to Facebook internal
discussions regarding the processes and
functionality of Facebook’s messages
technology and business and engineering
decisions that is protectable as a trade secret
or otherwise entitled to protection under the
law.
43:6-7; 43:10-11; 43:14; This information concerns the processes
43:17-22; 43:24-25;
and functionality of Facebook’s source
44:1-4; 44:10-16; 44:19- code that is protectable as a trade secret or
25; 83:5; 83:8-22; 106:1- otherwise entitled to protection under the
2; 106:6-11; 106:15;
law.
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DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
UNDER SEAL - CASE NO. C 13-05996 PJH

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Exhibit

Sealable Portions
Reason for Confidentiality
106:17-18; 106:21-23
106:25; Errata 28:14-16;
Errata 28:17-24; Errata
28:25; Errata 29:4; Errata
29:9; Errata 30:17; Errata
31:24; Errata 32:7; Errata
32:10; Errata 32:14;
Errata 36:34; Errata
37:13; Errata 38:4, 6;
Errata 38:12, 14, 15;
Errata 39:3; Errata 40:20;
Errata 41:5; Errata 41:7;
Errata 41:12, 14; Errata
41:19; Errata 42:7; Errata
43:10; Errata 43:18;
Errata 44:22; Errata
46:25; Errata 48:13;
Errata 48:21; Errata
49:11-14; Errata 49:15,
16; Errata 51:15, 16;
Errata 52:16; Errata 54:4,
6; Errata 54:9, 11; Errata
59:19; Errata 58:25;
Errata 60:22; Errata
62:10; Errata 62:22;
Errata 65:7; Errata 65:910; Errata 65:16; Errata
66:18; Errata 67:1-4;
Errata 68:25; Errata 72:4;
Errata 74:7; Errata 75:2;
Errata 76:15; Errata 78:7;
Errata 78:8; Errata 78:19;
Errata 79:15; Errata
79:20; Errata 80:2; Errata
80:5; Errata 80:21; Errata
81:19; Errata 83:5; Errata
83:10; Errata 84:5; Errata
88:20; Errata 90:18;
Errata 93:23; Errata 96:4;
Errata 96:9; Errata
100:24; Errata 102:20;
Errata 102:25; Errata
103:14; Errata 106:1;
Errata 106:9; Errata
107:7; Errata 107:17;
Errata 109:5; Errata
110:7; Errata 110:9
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DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
UNDER SEAL - CASE NO. C 13-05996 PJH

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Exhibit
Exhibit JJ – Excerpts
from October 28, 2015
Deposition of Michael
Adkins (Exhibit 19 to
Motion to Seal)

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6.

Sealable Portions
45:17-18; 45:24-25;
54:1-17; 75:1; 75:3-25;
76:1-11; 76:18-25; 77:16; 77:11-14; 77:16-19;
77:21; 77:24-25; 118:2-8;
118:11; 118:13-20;
118:23-25; 119:1-4;
119:6-25; Errata, Global;
Errata, Global; Errata,
Global; Errata, 47:21;
Errata, 48:20-23; Errata,
76:24

Reason for Confidentiality
This information concerns the internal
processes and functionality of Facebook’s
security and anti-abuse products and
internal tools that is protectable as a trade
secret or otherwise entitled to protection
under the law.

Facebook also moves to seal Exhibits A, B, C, D, L, M, N, O, P, Q, S, T, U, V, FF,

GG, HH, KK, and LL to the Chorba Declaration in their entirety for the reasons specified below.
Specifically, as identified below, good cause exists to seal Exhibits A, B, C, D, KK, and LL in their
entirety because they contain non-public, confidential, and proprietary Facebook business
information that Facebook designated as HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
ONLY pursuant to the Amended Stipulated Protective Order. The public does not at this time have a
meaningful interest in obtaining such information, and public disclosure of this information would
cause particularized harm to Facebook by allowing its competitors to access sensitive information,
which they could use to gain an unfair advantage against Facebook. Such information could also be
used by individuals or companies that might seek to compromise the security of Facebook’s
messages technology, causing harm to Facebook and the people who use Facebook’s services. As
identified below, Exhibits L, M, N, O, P, Q, S, T, U, V, FF, GG and HH contain or reflect
information designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
ONLY by Plaintiffs pursuant to the Amended Stipulated Protective Order. While Facebook is
obligated to submit Exhibits R and W for sealing, Facebook takes no position on whether the
information designated by Plaintiffs satisfies the requirements for sealing.
Document to Be Sealed
Exhibit A – Chart: Variability Surrounding
Named Plaintiffs and Some Putative Class
Members (Exhibit 21 to Motion to Seal)

Reasons for Confidentiality
This document contains deposition testimony of
Plaintiff Matthew Campbell, Plaintiff Michael
Hurley, Former Plaintiff David Shadpour, and
absent putative class members E.H., J.O., and J.W.,
which was designated as CONFIDENTIAL by
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DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
UNDER SEAL - CASE NO. C 13-05996 PJH

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Document to Be Sealed

Reasons for Confidentiality
Plaintiffs pursuant to the Amended Stipulated
Protective Order.
Exhibit B – Graphical Representation of
This document contains detailed technical
Steps Required to Send and Receive a
information about the functionality of Facebook’s
Facebook Message with a URL Preview
messages products and internal tools that is
Attachment (Exhibit 22 to Motion to Seal)
protectable as a trade secret or otherwise entitled to
protection under the law.
Exhibit C – Graphical Representations of
This document contains detailed technical
Individualized Inquiries Related to
information about the functionality of Facebook’s
Ascertainability (Exhibit 23 to Motion to
messages products and internal tools that is
Seal)
protectable as a trade secret or otherwise entitled to
protection under the law.
Exhibit D – Charts: Summary of Variability This document contains detailed technical
for Challenged Practices (Exhibit 24 to
information about the functionality of Facebook’s
Motion to Seal)
messages products and internal tools that is
protectable as a trade secret or otherwise entitled to
protection under the law.
Exhibit L – Excerpts from May 9, 2015
This deposition testimony was designated as
Deposition of Matthew Campbell (Exhibit
CONFIDENTIAL by Plaintiffs pursuant to the
25 to Motion to Seal)
Amended Stipulated Protective Order.
Exhibit M– Excerpts from July 9, 2015
This deposition testimony was designated as
Deposition of Michael Hurley (Exhibit 26 to CONFIDENTIAL by Plaintiffs pursuant to the
Motion to Seal)
Amended Stipulated Protective Order.
Exhibit N – Excerpts from October 1, 2015 This deposition testimony was designated as
Deposition of David Shadpour (Exhibit 27
CONFIDENTIAL by Plaintiffs pursuant to the
to Motion to Seal)
Amended Stipulated Protective Order.
Exhibit O – Plaintiff Matthew Campbell’s
This document was designated as CONFIDENTIAL
Corrected Objections and Responses to
by Plaintiffs pursuant to the Amended Stipulated
Defendant Facebook, Inc.’s First Set of
Protective Order.
Interrogatories (Exhibit 28 to Motion to
Seal)
Exhibit P – Plaintiff Michael Hurley’s
This document was designated as CONFIDENTIAL
Objections and Responses to Defendant
by Plaintiffs pursuant to the Amended Stipulated
Facebook, Inc.’s First Set of Interrogatories Protective Order.
(Exhibit 29 to Motion to Seal)
Exhibit Q – (Former) Plaintiff David
This document was designated as CONFIDENTIAL
Shadpour’s Corrected Objections and
by Plaintiffs pursuant to the Amended Stipulated
Responses to Defendant Facebook, Inc.’s
Protective Order.
First Set of Interrogatories (Exhibit 30 to
Motion to Seal)
Exhibit S – Plaintiff Matthew Campbell’s
These documents were designated as
Facebook Messages Produced by Plaintiffs
CONFIDENTIAL by Plaintiffs pursuant to the
(Part 1: CAMPBELL000001 Amended Stipulated Protective Order.
CAMPBELL000181) (Exhibit 31 to Motion
to Seal)
Exhibit T – Plaintiff Matthew Campbell’s
These documents were designated as
9
DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
UNDER SEAL - CASE NO. C 13-05996 PJH

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Document to Be Sealed
Facebook Messages Produced by Plaintiffs
(Part 2: CAMPBELL000440 CAMPBELL000494) (Exhibit 32 to Motion
to Seal)
Exhibit U – Plaintiff Matthew Campbell’s
Facebook Messages Produced by Plaintiffs
(Part 3: CAMPBELL000495 CAMPBELL000496) (Exhibit 33 to Motion
to Seal)

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Exhibit V – Plaintiff Michael Hurley’s
Facebook Messages Produced by Plaintiffs
(HURLEY000001 - HURLEY000003)
(Exhibit 34 to Motion to Seal)
Exhibit FF – Excerpts from August 7, 2015
Deposition of Absent Putative Class
Member E.H. (Exhibit 35 to Motion to Seal)
Exhibit GG – Excerpts from August 10,
2015 Deposition of Absent Putative Class
Member J.O. (Exhibit 36 to Motion to Seal)
Exhibit HH – Excerpts from August 11,
2015 Deposition of Absent Putative Class
Member J.W. (Exhibit 37 to Motion to Seal)
Exhibit KK– February to March 2011
Facebook Email Chain Produced by
Facebook (FB000006429) (Exhibit 38 to
Motion to Seal)

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20
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23
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Exhibits LL – Google Analytics Data
Produced by Facebook (FB000009906 and
FB000009914) (Exhibit 39 to Motion to
Seal)

Reasons for Confidentiality
CONFIDENTIAL by Plaintiffs pursuant to the
Amended Stipulated Protective Order.
These documents were designated as HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY
pursuant to the Amended Stipulated Protective
Order by Plaintiffs pursuant to the Amended
Stipulated Protective Order. Facebook specifically
reserve the right to challenge this designation under
the Stipulated Protective Order, as well as the
sealability of this document under Civil Local Rule
79-5.
These documents were designated as
CONFIDENTIAL by Plaintiffs pursuant to the
Amended Stipulated Protective Order.
This deposition testimony was designated as
CONFIDENTIAL by Plaintiffs pursuant to the
Amended Stipulated Protective Order.
This deposition testimony was designated as
CONFIDENTIAL by Plaintiffs pursuant to the
Amended Stipulated Protective Order.
This deposition testimony was designated as
CONFIDENTIAL by Plaintiffs pursuant to the
Amended Stipulated Protective Order.
This document contains a Facebook internal
discussion of business and engineering decisions
regarding Facebook’s technology and the internal
processes and functionality of Facebook’s messages
technology that is entitled to protection under the
law.
This is non-public, confidential, and proprietary
business metrics and analytics information that is
competitively sensitive and that risks particularized
harm to Facebook if revealed, and which the public
does not have a particular interest in obtaining.

Himel Declaration
7.

Good cause exists to seal portions of the Declaration of Alex Himel (Exhibit 40 to the

25

Motion to Seal). Specifically, as identified below, the following portions contain non-public,

26

confidential, and proprietary Facebook business information that Facebook designated as HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY pursuant to the Amended Stipulated Protective

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Crutcher LLP

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DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
UNDER SEAL - CASE NO. C 13-05996 PJH

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Order. The public does not at this time have a meaningful interest in obtaining such information, and

2

public disclosure of this information would cause particularized harm to Facebook by allowing its

3

competitors to access sensitive information, which they could use to gain an unfair advantage against

4

Facebook. Such information could also be used by individuals or companies that might seek to

5

compromise the security of Facebook’s messages technology, causing harm to Facebook and the

6

people who use Facebook’s services.

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8
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Sealable Portions
ToC, II; ToC, II.B; ToC, II.C; ToC, III ToC, III.B;
ToC, V; ToC, V.B; ToC, V.C; ToC, VI; ToC,
VI.B; ToC, VI.C; ToC, VIII; ToC, VIII.B; ToC,
VIII.C; 1:8-10; 1:12; 1:24-27; 2:1-2; 2:11; 2:1314; 2:17-27; 3:1-11; 3:24-25; 3:27; 4:8-10; 4:13;
6:8-9; 6:11-27; 8:1-27; 9:1-27; 10:1-5; 10:8-16;
11:14-23; 11:25-27; 12:1-4; 12:9-19; 12:21-27;
13:1-6; 13:8-9; 13:11-25; 13:27; 14:3-27; 15:1-2;
15:4-5; 15:7-27; 16:1-21; 16:23-27; 17:1-11; 18:12; 18:4-15; 18:17-27; 19:1-9; 19:11-12; 19:14-27;
20:1-5; 20:13-27; 21:1-20; 21:22-27; 22:1-10;
22:12-24; 22:27; 23:1-6
4:16-27; 5:1-27; 6:1-5; 7:1-14; 7:16-27

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8.

Reason for Confidentiality
This information concerns the internal
operations, processes, and functionality of
Facebook’s internal tools and software that is
protectable as a trade secret or otherwise
entitled to protection under the law.

This information concerns the internal
processes and functionality of Facebook’s
messaging product and internal tools that is
protectable as a trade secret or otherwise
entitled to protection under the law.

Good cause also exists to seal certain portions of Exhibit MM to the Himel

19

Declaration, which are Facebook’s Second Supplemental Responses and Objections to Plaintiffs’

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Narrowed Second Set of Interrogatories (Exhibit 42 to the Motion to Seal). Specifically, as identified

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below, the following portion of Exhibit MM concerns the internal processes and functionality of

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Facebook’s messages technology that is protectable as a trade secret or otherwise entitled to

23

protection under the law: lines 10:21-18:16. The public does not at this time have a meaningful

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interest in obtaining such information, and public disclosure of this information would cause

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particularized harm to Facebook by allowing its competitors to access sensitive information, which

26

they could use to gain an unfair advantage against Facebook. Such information could also be used by

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DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
UNDER SEAL - CASE NO. C 13-05996 PJH

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individuals or companies that might seek to compromise the security of Facebook’s messages

2

technology, causing harm to Facebook and the people who use Facebook’s services.

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9.

Additionally, Magistrate Judge James previously held that there was good cause to

4

seal certain portions of Exhibit NN to the Himel Declaration, which are Facebook’s Supplemental

5

Responses and Objections to Plaintiffs’ First Set of Interrogatories (Exhibit 44 to the Motion to Seal),

6

as these portions contain “potential trade secrets or otherwise protectable information relating to

7

Facebook’s internal processes and tools that risk particularized harm to Facebook if revealed, and

8

which the public does not at this time have a particular interest in obtaining.” (Dkt. No. 131.)

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Accordingly, in conformity with Magistrate Judge James’ prior order, good cause exists to seal the

10

following portions of Exhibit NN to the Himel Declaration: lines 3:23-24; 5:24 (the text following

11

“defenses in this action”)-27; 8:9-25; 9:18-11:24; 12:26-16:13; 17:9-20:24; 21:24-25:11; 26:7-29:22;

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30:23-33:4; 33:27-36:15; 37:15-38:18; 39:15-40:18; 41:15-42:18; 43:13-44:16; 45:16-21; and 46:18-

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23.

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10.

Good cause exists also exists to seal portions of Exhibit OO to the Himel Declaration,

15

which is the June 1, 2015 Declaration of Alex Himel on Behalf of Defendant Facebook, Inc. (Exhibit

16

46 to the Motion to Seal). Magistrate Judge James previously found that information from this

17

Declaration contains “trade secrets or otherwise protectable information relating to Facebook‟s

18

internal processes and tools that risk particularized harm to Facebook if revealed, and which the

19

public does not at this time have a meaningful interest in obtaining” and should be redacted. (Dkt.

20

No. 131.) For those reasons, good cause exists to seal the following portions of Exhibit C to the

21

Himel Declaration: lines 1:19-24; 2:6; 2:25-26; 3:17-27; 4:1; 4:6-13; 4:16-27; 5:1-5:4; 5:9-14; 5:23-

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27; 6:1-26; 7:1-2; 7:4-5; 7:8-27; and 8:1-19.

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Fechete Declaration

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11.

Good cause exists to seal portions of the Declaration of Dan Fechete (Exhibit 48 to the

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Motion to Seal). Specifically, as identified below, the following portions contain non-public,

26

confidential, and proprietary Facebook business information that Facebook hereby designates as

27

HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY pursuant to the Amended Stipulated

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Gibson, Dunn &
Crutcher LLP

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DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
UNDER SEAL - CASE NO. C 13-05996 PJH

1

Protective Order. The public does not at this time have a meaningful interest in obtaining such

2

information, and public disclosure of this information would cause particularized harm to Facebook

3

by allowing its competitors to access sensitive information, which they could use to gain an unfair

4

advantage against Facebook. Such information could also be used by individuals or companies that

5

might seek to compromise the security of Facebook’s technology, causing harm to Facebook and the

6

people who use Facebook’s services.

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Sealable Portions
2:1-25; 4:11-23; 4:2627; 5:1-10:15; 10:1812:27; 13:14-14:17
12.

Reason for Confidentiality
This information concerns the internal processes and functionality of
Facebook’s Recommendations and Activity Feed features and internal
tools that is protectable as a trade secret or otherwise entitled to
protection under the law.

Good cause also exists to seal Exhibits PP, QQ, RR, SS, TT, UU, VV, WW, XX, YY,

ZZ, and AAA to the Fechete Declaration in their entirety for the reasons specified below.
Specifically, as identified below, the Exhibits contain non-public, confidential, and proprietary
Facebook business information that Facebook hereby designates as HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY pursuant to the Amended Stipulated Protective Order. The public does
not at this time have a meaningful interest in obtaining such information, and public disclosure of this
information would cause particularized harm to Facebook by allowing its competitors to access
sensitive information, which they could use to gain an unfair advantage against Facebook. Such
information could also be used by individuals or companies that might seek to compromise the
security of Facebook’s social plugin technology or user data, causing harm to Facebook and the
people who use Facebook’s services.
Document to be Sealed
Exhibit PP – Summary of Relevant
Variability in Recommendations
Plugin Functionality (Exhibit 50
to Motion to Seal)
Exhibit QQ – Source Code
Differential D94144 (Exhibit 51
to Motion to Seal)
Exhibit RR – Source Code
Differential D100080 (Exhibit 52
to Motion to Seal)

Reason for Confidentiality
This information concerns the internal processes and
functionality of Facebook’s internal tools that is protectable
as a trade secret or otherwise entitled to protection under the
law.
This information concerns the processes and functionality of
Facebook’s source code that is protectable as a trade secret or
otherwise entitled to protection under the law.
This information concerns the processes and functionality of
Facebook’s source code that is protectable as a trade secret or
otherwise entitled to protection under the law.
13

DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
UNDER SEAL - CASE NO. C 13-05996 PJH

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Document to be Sealed
Exhibit SS– Source Code
Differential D122427 (Exhibit 53
to Motion to Seal)
Exhibit TT – Source Code
Differential D121547 (Exhibit 54
to Motion to Seal)
Exhibit UU – Source Code
Differential D155812 (Exhibit 55
to Motion to Seal)
Exhibit VV – Source Code
Differential D179234 (Exhibit 56
to Motion to Seal)
Exhibit WW – Source Code
Differential D186382 (Exhibit 57
to Motion to Seal)
Exhibit XX – Source Code
Differential D211615 (Exhibit 58
to Motion to Seal)
Exhibit YY – Source Code
Differential D236924 (Exhibit 59
to Motion to Seal)
Exhibit ZZ – Source Code
Differential D172147 (Exhibit 60
to Motion to Seal)
Exhibit AAA – Source Code
Differential D404158 (Exhibit 61
to Motion to Seal)

Reason for Confidentiality
This information concerns the processes and functionality of
Facebook’s source code that is protectable as a trade secret or
otherwise entitled to protection under the law.
This information concerns the processes and functionality of
Facebook’s source code that is protectable as a trade secret or
otherwise entitled to protection under the law.
This information concerns the processes and functionality of
Facebook’s source code that is protectable as a trade secret or
otherwise entitled to protection under the law.
This information concerns the processes and functionality of
Facebook’s source code that is protectable as a trade secret or
otherwise entitled to protection under the law.
This information concerns the processes and functionality of
Facebook’s source code that is protectable as a trade secret or
otherwise entitled to protection under the law.
This information concerns the processes and functionality of
Facebook’s source code that is protectable as a trade secret or
otherwise entitled to protection under the law.
This information concerns the processes and functionality of
Facebook’s source code that is protectable as a trade secret or
otherwise entitled to protection under the law.
This information concerns the processes and functionality of
Facebook’s source code that is protectable as a trade secret or
otherwise entitled to protection under the law.
This information concerns the processes and functionality of
Facebook’s source code that is protectable as a trade secret or
otherwise entitled to protection under the law.

Adkins Declaration
13.

Good cause exists to seal portions of the Declaration of Michael Adkins (Exhibit 62 to

the Motion to Seal). Specifically, as identified below, the following portions contain non-public,
confidential, and proprietary Facebook business information that Facebook designated as HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY pursuant to the Amended Stipulated Protective
Order. The public does not at this time have a meaningful interest in obtaining such information, and
public disclosure of this information would cause particularized harm to Facebook by allowing its
competitors to access sensitive information, which they could use to gain an unfair advantage against
Facebook. Such information could also be used by individuals or companies that might seek to
compromise the security of Facebook’s messages technology, causing harm to Facebook and the
people who use Facebook’s services.
14
DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
UNDER SEAL - CASE NO. C 13-05996 PJH

1
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Sealable Portions
1:7; 1:11; 1:14-17; 1:21; 1:24; 1:27; 2:35; 2:6; 2:11; 2:15; 2:16; 2:17-22; 2:23-27;
3:2-3; 3:7-8; 3:9; 3:10; 3:11-12; 3:12-13;
3:14-15; 3:16; 3:18-19; 3:20-22; 3:24-27;
4:1-2; 4:3-6; 4:6-7; 4:7; 4:8-9; 4:10-11;
4:13-14; 5:1-3; 5:3-5; 5:13-14; 5:18;
5:19-22; 5:22-23; 5:25-27; 6:1; 6:9-12;
6:13-16; 6:18-19; 6:21-27; 7:1; 7:2; 7:3;
7:4; 7:5-6; 7:7-8; 7:9-11; 7:14-16; 7:1719; 7:24-26; 8:8-10; 8:11-15; 8:17-21
1:19; 1:20; 3:4-7; 4:20; 5:15-17; 7:23-24

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3:8-9; 4:16-18; 4:19; 4:21-27

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Reason for Confidentiality
This information concerns the internal processes and
functionality of Facebook’s security and anti-abuse
products and internal tools that is protectable as a trade
secret or otherwise entitled to protection under the law.

This information concerns the internal processes and
functionality of Facebook’s internal tools that is
protectable as a trade secret or otherwise entitled to
protection under the law.
This information concerns the processes and
functionality of Facebook’s source code that is
protectable as a trade secret or otherwise entitled to
protection under the law, the release of which would
cause competitive harm to Facebook and compromise
the security of Facebook’s messages technology,
causing harm to Facebook and people who use
Facebook’s products.

The Goldberg Report
14.

Good cause exists to seal portions of the Goldberg Report (Exhibit 64 to the Motion to

17

Seal). Specifically, as identified below, the following portions contain non-public, confidential, and

18

proprietary Facebook business information that Facebook designated as HIGHLY CONFIDENTIAL

19

– ATTORNEYS’ EYES ONLY pursuant to the Amended Stipulated Protective Order. The public

20

does not at this time have a meaningful interest in obtaining such information, and public disclosure

21

of this information would cause particularized harm to Facebook by allowing its competitors to

22

access sensitive information, which they could use to gain an unfair advantage against Facebook.

23

Such information could also be used by individuals or companies that might seek to compromise the

24

security of Facebook’s messages technology, causing harm to Facebook and the people who use

25

Facebook’s services.

26

Sealable Portions
Reason for Confidentiality
ToC, VII. A; ToC, VII. This information concerns the internal operations, processes, and
B; ToC, VIII. A.1; ToC, functionality of Facebook’s internal tools and software that is

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Crutcher LLP

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DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
UNDER SEAL - CASE NO. C 13-05996 PJH

1
2
3

Sealable Portions
VIII. A.2; ToC, VIII.
A.3
¶¶ 8-11, 13

4
5

¶ 14 and fn. 1

6
7
8

¶ 15
¶ 16

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¶¶ 28-30, VII.A, ¶ 31
¶ 32

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¶¶ 33-36

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¶¶ 37-38

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¶ 39
¶¶ 40-41

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¶ 42

Reason for Confidentiality
protectable as a trade secret or otherwise entitled to protection under the
law.
This information concerns the internal operations, processes, and
functionality of Facebook’s internal tools and software that is
protectable as a trade secret or otherwise entitled to protection under the
law.
This information concerns the functionality of Facebook’s source code
that is protectable as a trade secret or otherwise entitled to protection
under the law.
This information concerns the internal processes and functionality of
Facebook’s messaging product and internal tools that is protectable as a
trade secret or otherwise entitled to protection under the law.
This information concerns the internal operations, processes, and
functionality of Facebook’s internal tools and software that is
protectable as a trade secret or otherwise entitled to protection under the
law.
This information concerns the internal processes and functionality of
Facebook’s messaging product and internal tools that is protectable as a
trade secret or otherwise entitled to protection under the law.
This information concerns the internal operations, processes, and
functionality of Facebook’s internal tools and software that is
protectable as a trade secret or otherwise entitled to protection under the
law.
This information concerns the processes and functionality of Facebook’s
source code that is protectable as a trade secret or otherwise entitled to
protection under the law, the release of which would cause competitive
harm to Facebook and compromise the security of Facebook’s messages
technology, causing harm to Facebook and people who use Facebook’s
products.
This information concerns the internal operations, processes, and
functionality of Facebook’s internal tools and software that is
protectable as a trade secret or otherwise entitled to protection under the
law.
This information concerns the internal processes and functionality of
Facebook’s messaging product and internal tools that is protectable as a
trade secret or otherwise entitled to protection under the law.
This information concerns the processes and functionality of Facebook’s
source code that is protectable as a trade secret or otherwise entitled to
protection under the law, the release of which would cause competitive
harm to Facebook and compromise the security of Facebook’s messages
technology, causing harm to Facebook and people who use Facebook’s
products.
This information concerns the internal operations, processes, and
functionality of Facebook’s internal tools and software that is
protectable as a trade secret or otherwise entitled to protection under the
law.
16

DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
UNDER SEAL - CASE NO. C 13-05996 PJH

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Sealable Portions
VII.B

Reason for Confidentiality
This information concerns the internal processes and functionality of
Facebook’s messaging product and internal tools that is protectable as a
trade secret or otherwise entitled to protection under the law.
¶¶ 43-44
This information concerns the internal operations, processes, and
functionality of Facebook’s internal tools and software that is
protectable as a trade secret or otherwise entitled to protection under the
law.
¶¶ 45-46
This information concerns the processes and functionality of Facebook’s
source code that is protectable as a trade secret or otherwise entitled to
protection under the law, the release of which would cause competitive
harm to Facebook and compromise the security of Facebook’s messages
technology, causing harm to Facebook and people who use Facebook’s
products.
VII.B.1
This information concerns the internal processes and functionality of
Facebook’s messaging product and internal tools that is protectable as a
trade secret or otherwise entitled to protection under the law.
¶ 49 and n.3
This information concerns the internal operations, processes, and
functionality of Facebook’s internal tools and software that is
protectable as a trade secret or otherwise entitled to protection under the
law.
¶ 50 and n.4
This information concerns the processes and functionality of Facebook’s
source code that is protectable as a trade secret or otherwise entitled to
protection under the law, the release of which would cause competitive
harm to Facebook and compromise the security of Facebook’s messages
technology, causing harm to Facebook and people who use Facebook’s
products.
¶ 51
This information concerns the internal processes and functionality of
Facebook’s messaging product and internal tools that is protectable as a
trade secret or otherwise entitled to protection under the law.
¶ 52
This information concerns the processes and functionality of Facebook’s
source code that is protectable as a trade secret or otherwise entitled to
protection under the law, the release of which would cause competitive
harm to Facebook and compromise the security of Facebook’s messages
technology, causing harm to Facebook and people who use Facebook’s
products.
¶¶ 53, 54, VII.B.2, ¶ 55, This information concerns the internal operations, processes, and
¶ 56, ¶ 57, VII.B.3, ¶ 58 functionality of Facebook’s internal tools and software that is
protectable as a trade secret or otherwise entitled to protection under the
law.
¶ 60
This information concerns the internal processes and functionality of
Facebook’s messaging product, security and anti-abuse products, and
source code, all of which are protectable as a trade secret or otherwise
entitled to protection under the law, the release of which would cause
competitive harm to Facebook and compromise the security of
Facebook’s messages technology, causing harm to Facebook and people
who use Facebook’s products.
17
DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
UNDER SEAL - CASE NO. C 13-05996 PJH

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Sealable Portions
¶¶ 61, 62, 63, 66

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3
4
5

¶ 68 and n. 6, ¶ 69
¶ 71

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¶¶ 72, 73
¶¶ 75, 79, 80-87

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VIII.F, ¶ 88

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¶¶ 93, 96-99

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¶ 101

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¶ 102

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¶¶ 103-104

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Reason for Confidentiality
This information concerns the internal operations, processes, and
functionality of Facebook’s internal tools and software that is
protectable as a trade secret or otherwise entitled to protection under the
law.
This information concerns the internal processes and functionality of
Facebook’s messaging product and internal tools that is protectable as a
trade secret or otherwise entitled to protection under the law.
This information concerns the internal processes and functionality of
Facebook’s security and anti-abuse products and internal tools that is
protectable as a trade secret or otherwise entitled to protection under the
law.
This information concerns the internal processes and functionality of
Facebook’s messaging product and internal tools that is protectable as a
trade secret or otherwise entitled to protection under the law.
This information concerns the internal operations, processes, and
functionality of Facebook’s internal tools and software that is
protectable as a trade secret or otherwise entitled to protection under the
law.
This information concerns the processes and functionality of Facebook’s
source code that is protectable as a trade secret or otherwise entitled to
protection under the law, the release of which would cause competitive
harm to Facebook and compromise the security of Facebook’s messages
technology, causing harm to Facebook and people who use Facebook’s
products.
This information concerns the internal processes and functionality of
Facebook’s messaging product and internal tools that is protectable as a
trade secret or otherwise entitled to protection under the law.
This information concerns the internal operations, processes, and
functionality of Facebook’s internal tools and software that is
protectable as a trade secret or otherwise entitled to protection under the
law.
This information concerns the internal processes and functionality of
Facebook’s security and anti-abuse products and internal tools that is
protectable as a trade secret or otherwise entitled to protection under the
law.
This information concerns the internal operations, processes, and
functionality of Facebook’s internal tools and software that is
protectable as a trade secret or otherwise entitled to protection under the
law.

The Tucker Report
15.

Facebook also moves to seal certain portions of the Tucker Report (Exhibit 66 to the

Motion to Seal). Specifically, as identified below, portions of the Tucker Report contain non-public,
confidential, and proprietary Facebook business information that Facebook designated as HIGHLY
18
DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
UNDER SEAL - CASE NO. C 13-05996 PJH

1

CONFIDENTIAL – ATTORNEYS’ EYES ONLY pursuant to the Amended Stipulated Protective

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Order. The public does not at this time have a meaningful interest in obtaining such information, and

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public disclosure of this information would cause particularized harm to Facebook by allowing its

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competitors to access sensitive information, which they could use to gain an unfair advantage against

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Facebook. Such information could also be used by individuals or companies that might seek to

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compromise the security of Facebook’s messages technology, causing harm to Facebook and the

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people who use Facebook’s services. As identified below, the Tucker Report also contains

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information designated by Plaintiffs as CONFIDENTIAL pursuant to the Amended Stipulated

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Protective Order. While Facebook is obligated to submit this information for sealing, Facebook takes

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no position on whether the information designated by Plaintiffs satisfies the requirements for sealing.

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Sealable Portions
4, n.3

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5, n.4

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6, n.5; 22, ¶ 51

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6, n.6; 14, ¶ 34, lines 1-2;
14, n.26; 17, ¶ 40
11, ¶ 32; 12 (figure); 12, ¶
33; 13 (figure); 14, ¶ 34,
lines 3-6; 14, n.25, 14, n.27;
16, n.32; 18, ¶ 45-19, line 2;
19, line 4; 19, n.39; 19,
n.40; 20, ¶ 48-21, line 4; 21,
n.43; 23, ¶ 54; 29, ¶ 70; 29 ¶
71; 30, figure; 31, figure;
45, lines 7-10; 53, ¶ 121
14, ¶ 35

Reason for Confidentiality
This reflects information provided in the January 15, 2016
Declaration of Alex Himel that concerns the internal operations,
processes, and functionality of Facebook’s internal tools and
software that is protectable as a trade secret or otherwise entitled to
protection under the law.
This reflects information in the Expert Report of Jennifer Golbeck
that concerns the processes and functionality of Facebook’s source
code that is protectable as a trade secret or otherwise entitled to
protection under the law.
This reflects information in the Fechete Declaration referenced
above that concerns the internal processes and functionality of
Facebook’s Recommendations and Activity Feed features and
internal tools that is protectable as a trade secret or otherwise
entitled to protection under the law.
This reflects information in the Himel Declaration referenced above
that concerns the internal operations, processes, and functionality of
Facebook’s internal tools and software that is protectable as a trade
secret or otherwise entitled to protection under the law.
This reflects information regarding Plaintiff Matthew Campbell’s
messages, which was designated as CONFIDENTIAL by Plaintiffs
pursuant to the Amended Stipulated Protective Order.

This reflects information in the Himel Declaration and the Fechete
19

DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
UNDER SEAL - CASE NO. C 13-05996 PJH

1

Sealable Portions

2
3
4

16, n.33; 36, lines 2-3; 52,
n.144

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7
8
9
10
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22, ¶ 52; 23, figure; 22, ¶
53; 45, lines 6-7; 45, n.119
23, n.46; 24, ¶ 56; 24, ¶ 57;
24, n.54; 24, n.55; 24, n.56

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25, ¶ 59

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32, ¶ 72; 31, n.64; 31, n.65

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Crutcher LLP

Reason for Confidentiality
Declaration referenced above that concerns the internal operations,
processes, and functionality of Facebook’s internal tools and
software that is protectable as a trade secret or otherwise entitled to
protection under the law.
This includes non-public, confidential, and proprietary information
that Facebook designated as HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY pursuant to the Amended Stipulated
Protective Order and that was referenced during the deposition of
Dr. Jennifer Golbeck and that was included in Dr. Jennifer
Golbeck’s Expert Report in Support of Plaintiffs’ Motion for Class
Certification, which was filed under seal by Plaintiffs. (Dkt. 1386.) This information concerns the internal processes and
functionality of Facebook’s messages technology and source code
that is protectable as a trade secret or otherwise entitled to
protection under the law.
This reflects information regarding Plaintiff Matthew Hurley’s
messages, which was designated as CONFIDENTIAL by Plaintiffs
pursuant to the Amended Stipulated Protective Order.
This reflects information from the depositions of Former Plaintiff
David Shadpour, Plaintiff Michael Hurley, Plaintiff Matthew
Campbell, and absent putative class members E.H., J.O., and J.W. ,
the transcripts of which were designated as CONFIDENTIAL by
Plaintiffs pursuant to the Amended Stipulated Protective Order .
This reflects information from the deposition of Plaintiff Matthew
Campbell, the transcript of which was designated as
CONFIDENTIAL by Plaintiffs pursuant to the Amended Stipulated
Protective Order.
This reflects information regarding Plaintiff Matthew Campbell’s
and Plaintiff Michael Hurley’s messages, which was designated as
CONFIDENTIAL by Plaintiffs pursuant to the Amended Stipulated
Protective Order.

Appendix of Evidence
16.

Facebook also moves to seal a portion of the Appendix of Evidence. The portion

identified below contain or reflect information designated as CONFIDENTIAL by Plaintiffs pursuant
to the Amended Stipulated Protective Order. While Facebook is obligated to submit this information
for sealing, Facebook takes no position on whether the information designated by Plaintiffs satisfies
the requirements for sealing.
Sealable Portions
Index 2:16-19

Reason for Confidentiality
This reflects information identifying absent putative class members, whose
identities have been designated as CONFIDENTIAL by Plaintiffs pursuant to
the Amended Stipulated Protective Order.
20

DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
UNDER SEAL - CASE NO. C 13-05996 PJH

1

I declare under penalty of perjury under the laws of the United States of America and the

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State of California that the foregoing is true and correct, and that I executed this Declaration in Menlo

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Park, California on January 22, 2016.

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/s/ Nikki Stitt Sokol
Nikki Stitt Sokol

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DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
UNDER SEAL - CASE NO. C 13-05996 PJH

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ATTORNEY ATTESTATION
I, Christopher Chorba, attest that concurrence in the filing of this Declaration of Nikki Stitt

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Sokol has been obtained from the signatory. I declare under penalty of perjury under the laws of the

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United States of America that the foregoing is true and correct. Executed this 22nd day of January

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2016, in Los Angeles, California.

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Dated: January 22, 2016

/s/ Christopher Chorba
Christopher Chorba

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DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OPPOSITION TO PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
UNDER SEAL - CASE NO. C 13-05996 PJH