Campbell et al v. Facebook Inc.

Filing 166

Administrative Motion to File Under Seal re Plaintiffs' Reply in Support of 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 (filed under seal), # 5 Exhibit B (redacted), # 6 Exhibit C (filed under seal), # 7 Exhibit D (redacted), # 8 Exhibit E (filed under seal), # 9 Exhibit F (redacted), # 10 Exhibit G (filed under seal), # 11 Exhibit H (redacted), # 12 Exhibit I (filed under seal), # 13 Exhibit J (redacted), # 14 Exhibit K (filed under seal), # 15 Exhibit L (filed under seal), # 16 Exhibit M (filed under seal), # 17 Exhibit N (filed under seal), # 18 Exhibit O (filed under seal), # 19 Exhibit P (filed under seal), # 20 Exhibit Q (filed under seal), # 21 Exhibit R (filed under seal), # 22 Exhibit S (filed under seal), # 23 Exhibit T (filed under seal), # 24 Exhibit U (filed under seal), # 25 Exhibit V (filed under seal), # 26 Exhibit W (filed under seal))(Gardner, Melissa) (Filed on 2/19/2016)

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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,
Plaintiff,

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PLAINTIFFS’ ADMINISTRATIVE
MOTION TO FILE UNDER SEAL RE
PLAINTIFFS’ REPLY IN SUPPORT OF
CLASS CERTIFICATION

v.

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Case No. C 13-05996 PJH (MEJ)

FACEBOOK, INC.,

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Judge: Honorable Phyllis J. Hamilton
Defendant.

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

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Pursuant to Civil Local Rules 7-11 and 79-5(c) and (d), Plaintiffs respectfully request an
order from the Court to authorize the filing under seal of:
(1)

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portions, as designated herein, of Plaintiffs’ Reply in support of Class
Certification;

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portions, as designated herein, of the Rebuttal Expert Report of Dr. Jennifer

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Golbeck in support of Plaintiffs’ Motion for Class Certification (“Golbeck

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Rebuttal Report”);

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(3)

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Plaintiff Matthew Campbell;
(4)

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portions, as designated herein, of excerpts from the deposition transcripts of

portions, as designated herein, of the Supplemental Declaration of Melissa
Gardner in support of Plaintiffs’ Motion for Class Certification;

(5)

portions, as designated herein, of the Updated Expert Report of Fernando

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Torres in support of Plaintiffs’ Motion for Class Certification (“Updated

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Torres Report”); and

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(6)

Exhibits 6-8, 10-12, and 14-20 to the Declaration of David Slade in support of

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Plaintiffs’ Motion for Class Certification (“Slade Declaration”), in their

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entirety.

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The specific material that Plaintiffs seek to seal is addressed in Sections 1-6 below.

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Except as stated below, Plaintiffs take no position on whether the text and documents designated

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herein satisfy the requirements for sealing, and specifically reserve the right to challenge any

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

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designation under the Amended Stipulated Protective Order (Dkt. 93), as well as the sealability of

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these documents under Civil Local Rule 79-5.

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

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

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

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

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

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1.

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A complete, unredacted version of Plaintiffs’ Reply in support of Class Certification is

Plaintiffs’ Reply in support of Class Certification

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attached as Exhibit A to the Declaration of Melissa Gardner in Support of Plaintiffs’

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Administrative Motion to File Under Seal (“Gardner Declaration”), and contains yellow

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highlighting to indicate where redactions are proposed. A redacted version of the Reply is

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attached as Exhibit B. Plaintiffs propose to redact the text highlighted in Exhibit A, (and

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specifically identified in the [Proposed] Order submitted herewith), on the grounds that such text

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contains information that Defendant (the designating party) has designated “HIGHLY

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

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2.

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A complete, unredacted version of the Golbeck Report (Exhibit 1 to the Slade

Rebuttal Report of Jennifer Golbeck

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

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

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

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

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

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“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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3.

Excerpts from Deposition Transcript of Matthew Campbell

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A complete, unredacted version of excerpts from the May 19, 2015 deposition of Matthew

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Campbell (Exhibit 2 to the Slade Declaration) is attached as Exhibit E to the Gardner Declaration.

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A redacted version is attached as Exhibit F. Plaintiffs propose to redact the text highlighted in

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Exhibits E (and specifically identified in the [Proposed] Order and Gardner Declaration) on the

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grounds that the testimony concerns the Plaintiff’s private affairs not relevant to the merits of the

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case or class certification. Under the applicable “good cause” standard, the Court may order

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records sealed or otherwise protected “to protect a party or person from annoyance,

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embarrassment, oppression, or undue burden or expense.” Pintos v. Pac. Creditors Ass’n, 605

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F.3d 665, 678 (9th Cir. 2010). Good cause exists here.

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

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4.

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A complete, unredacted version of the Supplemental Declaration of Melissa Gardner is

Supplemental Declaration of Melissa Gardner

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attached as Exhibit G. A redacted version is attached as Exhibit H. Plaintiffs propose to redact

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the text highlighted in Exhibit G (and specifically identified in the [Proposed] Order) on the

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grounds that the testimony concerns a former party’s private affairs not relevant to the merits of

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the case or class certification. Publishing detailed information concerning a former party’s

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conduct and representation could expose the party to unnecessary embarrassment, annoyance, or

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other potential harm. Under the applicable “good cause” standard, the Court may order records

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sealed or otherwise protected “to protect a party or person from annoyance, embarrassment,

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oppression, or undue burden or expense.” Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 678 (9th

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Cir. 2010). Good cause exists here.

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5.

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A complete, unredacted version of the updated Torres Report (Exhibit 9 to the Slade

Updated Expert Report of Fernando Torres

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

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to indicate where redactions are proposed. A redacted version of the updated Torres Report is

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attached as Exhibit J. Plaintiffs propose to redact the text highlighted in Exhibit I, (specifically

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

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

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or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”

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6.

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Excerpts of former Plaintiff David Shadpour’s deposition testimony are attached as

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Exhibit K to the Gardner Declaration (Exhibit 6 to the Slade Declaration). Because Mr. Shadpour

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is no longer a party to this litigation (Dkt. No. 123), good cause exists to seal his deposition

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testimony in its entirety. Publishing the testimony risks exposing Mr. Shadpour to

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embarrassment, annoyance, or other potential harm. No public interest in such publication exists,

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because testimony from a person who is neither a Plaintiff nor entitled to recovery of damages in

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this case is not relevant. C.f., Roberts v. Electrolux Home Prods., Inc., No. 12-1644, 2013 WL

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4239050, at *3 (C.D. Cal. Aug. 14, 2013) (declining to condition named plaintiff’s withdrawal

Excerpts from the Deposition Transcript of the Former Plaintiff

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

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upon sitting for a deposition).

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7.

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Plaintiffs further propose to file under seal the following documents attached as exhibits to

Exhibits to the Slade Declaration Designated Confidential by Defendant

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the Slade Declaration because such documents have been designated by Defendant “HIGHLY

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

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entirety: Exhibits 7-8, 10-12, and 14-20. These exhibits are attached to the Gardner Declaration

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

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Exhibit L:

Slade Decl. Exhibit 7

Exhibit M:

Slade Decl. Exhibit 8

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Exhibit N:

Slade Decl. Exhibit 10

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Exhibit O:

Slade Decl. Exhibit 11

Exhibit P:

Slade Decl. Exhibit 12

Exhibit Q:

Slade Decl. Exhibit 14

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Exhibit R:

Slade Decl. Exhibit 15

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Exhibit S:

Slade Decl. Exhibit 16

Exhibit T:

Slade Decl. Exhibit 17

Exhibit U:

Slade Decl. Exhibit 18

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Exhibit V:

Slade Decl. Exhibit 19

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Exhibit W:

Slade Decl. Exhibit 20

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With the exception of Exhibits L and Q-W, which represent private communications of

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Plaintiffs and contain personally identifiable information entitled to protection under the law,

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Plaintiffs take no position on whether the text and documents designated herein satisfy the

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requirements for sealing, and specifically reserve the right to challenge any “HIGHLY

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

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designation, and pursuant to this Court’s Standing Order for Cases Involving Confidential
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PLAINTIFFS’ ADMIN. MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)

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

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

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

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Dated: February 19, 2016

LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
By:

/s/ Melissa Gardner
Melissa Gardner

Michael W. Sobol (State Bar No. 194857)
[e-mail]
Melissa Gardner (State Bar No. 289096)
[e-mail]
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: [phone]
Facsimile: 415.956.1008
Rachel Geman
[e-mail]
Nicholas Diamand
[e-mail]
250 Hudson Street, 8th Floor
New York, NY 10013-1413
Telephone: [phone]
Facsimile: 212.355.9592

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CARNEY BATES & PULLIAM, PLLC

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

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Attorneys for Plaintiffs and the Proposed Class

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