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,

Case No. C 13-05996 PJH (MEJ)

v.

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

FACEBOOK, INC.,

Judge: Honorable Phyllis J. Hamilton

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

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I, Melissa Gardner, declare:

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I am an attorney in the law firm of Lieff, Cabraser, Heimann & Bernstein, LLP,

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and a member of the State Bar of California. I am admitted to practice before this Court. I am

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one of the counsel for Plaintiffs in this action. I make this declaration based upon my own

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personal knowledge. If called upon to testify, I could and would testify competently to the truth

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of the matters stated herein.

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2.

I submit this Declaration in Support of Plaintiffs’ Administrative Motion to File

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Under Seal in connection with Plaintiffs’ Reply in support of Plaintiffs’ Motion for Class

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Certification.

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3.

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

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of Plaintiffs’ Reply in support of Plaintiffs’ Motion for Class Certification. Plaintiffs have

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redacted the following highlighted text in Exhibit A 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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Document

Sealable Portions

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Plaintiffs’ Reply in
support of Motion
for Class
Certification

i.13
1:9-11, 1:20-21
2:4
5:24-26
6:1-7, 6:10-13, fn.. 8 at 6:28-27, fn. 10 at 6:27-28
7:4-5, 7:7-8; 7:10-11, 7:20-21, 7:25:26
8:1-4, 8:10 , 8:15, 8:17-18, 8:19, 8:20-22
9:1-3
10:10-11, 10:22
11:13-15 fn .19 at 11: 22-23, 11:23-24, fn. 20 at 11:24
12:3, 12:4-6
13:3, 13:6, 13:9
Fn. 37 at 17:26-28
18: 9-10; 18:11-12; 18:13-15

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Additionally, Plaintiffs have redacted the following portions of Exhibit A in order to
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DECLARATION OF MELISSA GARDNER IN
SUPPORT OF MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)

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protect the privacy interests of the Plaintiffs and third parties. Good cause exists to seal these

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portions, which concern the Plaintiffs’ and /or non-parties’ private communications and affairs

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disclosed nowhere else in public filings and not relevant to the merits of the case or class

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certification, and/or the personally identifiable or confidential information of non-parties to the

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case. Publishing this information would expose Plaintiffs and/or these non-parties to unnecessary

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annoyance, embarrassment, or other significant harm, and the public has no meaningful need to

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access it:

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Document

Sealable Portions

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Plaintiffs’ Reply in
support of Motion
for Class
Certification

5:5-7, 5:8-11, 5:13-15,
Fn. 46 at 20:24-27

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4.

Attached hereto as Exhibit B is a true and correct copy of Exhibit A with the

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

of the Rebuttal Report of Jennifer Golbeck in support of Plaintiffs’ Motion for Class Certification,
which is attached as Exhibit 1 to the Declaration of David Slade in Support of Plaintiffs’ Motion
for Class Certification (“Slade Declaration”). Highlighted text in Exhibit C is text that Plaintiffs
propose to redact on the grounds that such text contains information that Defendant (the
designating party) has designated “HIGHLY CONFIDENTIAL” or “HIGHLY CONFIDENTIAL
– ATTORNEYS’ EYES ONLY”.
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Attached hereto as Exhibit D is a true and correct copy of Exhibit C with the

proposed redactions applied.
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Attached hereto as Exhibit E is a true and correct copy of excerpts from the May

19, 2015 deposition of Matthew Campbell, which are attached as Exhibit 2 to the Slade
Declaration. Good cause exists to seal the text highlighted in Exhibit E (17:17-18; 128:1-3;
205:6), which concerns Mr. Campbell’s private communications and affairs disclosed nowhere
else in public filings and not relevant to the merits of the case or class certification. Publishing

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

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this information would expose Mr. Campbell and/or these non-parties to unnecessary annoyance,

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embarrassment, or other significant harm, and the public has no meaningful need to access it

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8.

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

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

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Declaration of Melissa Gardner in Support of Plaintiffs’ Motion for Class Certification (dated

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February 19, 2016). Good cause exists to seal the text highlighted in Exhibit G, which concerns

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details regarding the representation and conduct of a former party to this litigation which, if made

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public, could expose that party to unnecessary annoyance, embarrassment, or other significant

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harm. The public has no meaningful need to access the information.
10.

Attached hereto as Exhibit H is a true and correct copy of Exhibit G with

the proposed redactions applied.
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Attached hereto as Exhibit I is a true and correct copy of the Updated Report of

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Fernando Torres, which is attached as Exhibit 9 to the Slade Declaration. Highlighted text in

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Exhibit I is text that Plaintiffs propose to redact 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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12.

Attached hereto as Exhibit J is a true and correct copy of Exhibit I with the

proposed redactions applied.
13.

Attached hereto as Exhibit K is a true and correct copy of excerpts from the

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October 1, 2015 deposition of David Shadpour, which are attached as Exhibit 6 to the Slade

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Declaration. Good cause exists to seal the entirety of Exhibit K, because Mr. Shadpour is no

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longer a party to this litigation (Dkt. No. 123). Publishing the testimony risks exposing Mr.

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Shadpour to embarrassment, annoyance, or other potential harm. No public interest in such

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publication exists, because testimony from a person who is neither a Plaintiff nor entitled to

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recovery of damages in this case is not relevant.

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14.

Attached hereto as Exhibit L is a true and correct copy of the document bearing

Bates stamp FB000005575, which is attached as Exhibit 7 to the Slade Declaration. Defendant
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DECLARATION OF MELISSA GARDNER IN
SUPPORT OF MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)

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(the designating party) has designated this document “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY”. In addition, good cause exists to seal this document insofar as it

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contains the personally identifiable information of Plaintiffs and non-parties to this litigation.

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Attached hereto as Exhibit M is a true and correct copy of excerpts from the

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February 4, 2016 deposition of Alex Himel, which is attached as Exhibit 8 to the Slade

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Declaration. Defendant (the designating party) has designated this document “HIGHLY

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

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16.

Attached hereto as Exhibit N is a true and correct copy of excerpts from the

December 18, 2015 deposition of Fernando Torres, which is attached as Exhibit 10 to the Slade

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Declaration. Defendant (the designating party) has designated the entirety of this deposition

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transcript “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”.

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Attached hereto as Exhibit O is a true and correct copy of excerpts from the

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January 26, 2016 deposition of Catherine Tucker, which is attached as Exhibit 11 to the Slade

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Declaration. Defendant (the designating party), pending review and possible de-designation, has

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designated the entirety of this deposition transcript “HIGHLY CONFIDENTIAL –

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ATTORNEYS’ EYES ONLY”.

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18.

Attached hereto as Exhibit P is a true and correct copy of excerpts from the

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February 2, 2016 deposition of Dr. Benjamin Goldberg, which is attached as Exhibit 12 to the

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Slade Declaration. Defendant (the designating party), pending review and possible de-

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designation, has designated the entirety of this deposition transcript “HIGHLY CONFIDENTIAL

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– ATTORNEYS’ EYES ONLY”.

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19.

Attached hereto as Exhibits Q-W are true and correct copies of documents

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bearing the following Bates stamps FB000005577, FB000005800, FB000005882, FB000006007,

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FB000006088, FB000012006, and FB000012557, which were produced by Facebook in this

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action and are attached as Exhibits 14- 20 to the Slade Declaration. Defendant (the designating

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party), has designated these documents “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

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ONLY”. In addition, good cause exists to seal Exhibits Q-W insofar as they contain the

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personally identifiable information of Plaintiffs and non-parties to this litigation.
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DECLARATION OF MELISSA GARDNER IN
SUPPORT OF MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)

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20.

Except as stated above, Plaintiffs take no position on whether the text and exhibits

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designated herein for redaction satisfy the requirements for sealing. Plaintiffs specifically reserve

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

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ATTORNEYS’ EYES ONLY” designation under the Stipulated Protective Order as well as the

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sealability of these documents under Civil Local Rule 79-5.

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I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed this 19th day of February, 2016, in New York, New York.

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LIEFF CABRASER HEIMANN & BERNSTEIN, LLP

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By:

/s/Melissa Gardner
Melissa Gardner

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