Campbell et al v. Facebook Inc.
Filing
169
Administrative Motion to File Under Seal Documents In Support of Its Objection to and Request to Strike New Evidence and Misstatements of Fact Contained in in Plaintiffs Reply in Support of Their Motion for Class Certification filed by Facebook Inc.. (Attachments: # 1 Declaration of Nikki Stitt Sokol in Support of Defendant Facebook Inc.s Administrative Motion to File Documents In Support of Its Objection to and Request to Strike New Evidence and Misstatements of Fact Contained in Plaintiffs Reply in Support of Their Motion for Class Certification Under Seal, # 2 [Proposed] Order Authorizing the Filing of Documents Under Seal, # 3 Proof of Service, # 4 Exhibit 1 (Unredacted), # 5 Exhibit 2 (Redacted), # 6 Exhibit 3 (Unredacted), # 7 Exhibit 4 (Redacted), # 8 Exhibit 5 (Unredacted), # 9 Exhibit 6 (Redacted))(Chorba, Christopher) (Filed on 2/26/2016)
1
2
3
4
5
6
7
8
9
10
11
12
13
GIBSON, DUNN & CRUTCHER LLP
JOSHUA A. JESSEN, SBN 222831
JJessen@gibsondunn.com
JEANA BISNAR MAUTE, SBN 290573
JBisnarMaute@gibsondunn.com
PRIYANKA RAJAGOPALAN, SBN 278504
PRajagopalan@gibsondunn.com
ASHLEY M. ROGERS, SBN 286252
ARogers@gibsondunn.com
1881 Page Mill Road
Palo Alto, California 94304
Telephone: (650) 849-5300
Facsimile: (650) 849-5333
GIBSON, DUNN & CRUTCHER LLP
CHRISTOPHER CHORBA, SBN 216692
CChorba@gibsondunn.com
333 South Grand Avenue
Los Angeles, California 90071
Telephone: (213) 229-7000
Facsimile: (213) 229-7520
Attorneys for Defendant
FACEBOOK, INC.
14
UNITED STATES DISTRICT COURT
15
NORTHERN DISTRICT OF CALIFORNIA
16
OAKLAND DIVISON
17
18
19
20
21
22
23
24
25
26
MATTHEW CAMPBELL and MICHAEL
HURLEY,
Plaintiffs,
v.
FACEBOOK, INC.,
Defendant.
Case No. C 13-05996 PJH
DECLARATION OF NIKKI STITT
SOKOL IN SUPPORT OF DEFENDANT
FACEBOOK, INC.’S ADMINISTRATIVE
MOTION TO FILE DOCUMENTS IN
SUPPORT OF ITS OBJECTION TO AND
REQUEST TO STRIKE NEW EVIDENCE
AND MISSTATEMENTS OF FACT
CONTAINED IN PLAINTIFFS’ REPLY IN
SUPPORT OF THEIR 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
27
28
Gibson, Dunn &
Crutcher LLP
DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OBJECTION TO AND REQUEST TO STRIKE NEW EVIDENCE AND
MISSTATEMENTS OF FACT CONTAINED IN PLAINTIFFS’ REPLY IN SUPPORT OF THEIR MOTION FOR CLASS
CERTIFICATION UNDER SEAL - CASE NO. C 13-05996 PJH
1
2
I, Nikki Stitt Sokol, declare as follows:
1.
I am Associate General Counsel for Litigation for Defendant Facebook, Inc.
3
(“Facebook”). Pursuant to Civil Local Rule 79-5(d) and the Amended Stipulated Protective Order
4
entered by the Court on July 1, 2015 (the “Protective Order”) (Dkt. No. 93), I submit this Declaration
5
in support of Facebook’s Administrative Motion to File Documents In Support of Its Objection to
6
and Request to Strike New Evidence and Misstatements of Fact Contained in in Plaintiffs’ Reply in
7
Support of Their Motion for Class Certification Under Seal (“Motion to Seal”). Except as otherwise
8
noted, I have personal knowledge of the facts set forth in this Declaration and, if called and sworn as
9
a witness, could and would testify competently to them.
10
11
12
13
14
15
16
17
18
19
20
21
22
2.
The Motion to Seal sets forth the documents sought to be sealed, including the
following:
(1) designated portions of Facebook’s Objection to and Request to Strike New Evidence and
Misstatements of Fact in Plaintiffs’ Reply in Support Of Their Motion For Class Certification;
(2) designated portions of the Declaration of Alex Himel In Support of Defendant Facebook,
Inc.’s Objection to and Request to Strike New Evidence and Misstatements of Fact in Plaintiffs’
Reply in Support Of Their Motion For Class Certification (“Himel Declaration”); and
(3) designated portions of the Declaration of Dale Harrison In Support of Defendant
Facebook, Inc.’s Objection to and Request to Strike New Evidence and Misstatements of Fact in
Plaintiffs’ Reply in Support Of Their Motion For Class Certification (“Harrison Declaration”).
Facebook’s Objection to New Evidence in Plaintiffs’ Reply in Support of Motion for Class
Certification
3.
Good cause exists to seal portions of Facebook’s Objection to and Request to Strike
23
New Evidence and Misstatements of Fact in Plaintiffs’ Reply in Support Of Their Motion For Class
24
Certification (Exhibit 1 to the Motion to Seal). Specifically, the following portions contain non-
25
26
27
28
Gibson, Dunn &
Crutcher LLP
public, confidential, and proprietary Facebook business information 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
1
DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OBJECTION TO AND REQUEST TO STRIKE NEW EVIDENCE AND
MISSTATEMENTS OF FACT CONTAINED IN PLAINTIFFS’ REPLY IN SUPPORT OF THEIR MOTION FOR CLASS
CERTIFICATION UNDER SEAL - CASE NO. C 13-05996 PJH
1
public disclosure of this information would cause particularized harm to Facebook by allowing its
2
competitors to access sensitive information, which they could use to gain an unfair advantage against
3
Facebook. Such information could also be used by individuals or companies that might seek to
4
compromise the security of Facebook’s messages technology, causing harm to Facebook and the
5
people who use Facebook’s services:
6
7
8
9
10
11
Sealable Portions
2:9; 2:13; 2:15;
2:20-21; 2:22;
2:23: 2:25; 2:27;
3:17; 4:3-4
Reason for Confidentiality
This reflects information from the “Rebuttal” Expert Report of Dr. Jennifer
Golbeck In Support of Plaintiffs’ Motion for Class Certification (Dkt. 166-7
and Dkt. 167-1, Ex. 1) that concerns the 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.
Himel Declaration
4.
Good cause exists to seal portions of the Himel Declaration (Exhibit 3 to the Motion to
12
Seal). Specifically, the following portions contain non-public, confidential, and proprietary Facebook
13
business information that Facebook designated as HIGHLY CONFIDENTIAL – ATTORNEYS’
14
EYES ONLY pursuant to the Amended Stipulated Protective Order. The public does not at this time
15
have a meaningful interest in obtaining such information, and public disclosure of this information
16
would cause particularized harm to Facebook by allowing its competitors to access sensitive
17
information, which they could use to gain an unfair advantage against Facebook. Such information
18
could also be used by individuals or companies that might seek to compromise the security of
19
Facebook’s messages technology, causing harm to Facebook and the people who use Facebook’s
20
services.
21
22
23
24
25
26
27
28
Gibson, Dunn &
Crutcher LLP
Sealable Portions
1:9-10; 1:11; 1:1114
Reason for Confidentiality
This reflects information from the “Rebuttal” Expert Report of Dr. Jennifer
Golbeck In Support of Plaintiffs’ Motion for Class Certification (Dkt. 166-7
and Dkt. 167-1, Ex. 1) that concerns the 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.
1:17; 1:18; 1:19-21 This reflects information from the Harrison Declaration that concerns the
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.
1:22; 1:23
This reflects information from the “Rebuttal” Expert Report of Dr. Jennifer
2
DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OBJECTION TO AND REQUEST TO STRIKE NEW EVIDENCE AND
MISSTATEMENTS OF FACT CONTAINED IN PLAINTIFFS’ REPLY IN SUPPORT OF THEIR MOTION FOR CLASS
CERTIFICATION UNDER SEAL - CASE NO. C 13-05996 PJH
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Gibson, Dunn &
Crutcher LLP
Sealable Portions
Reason for Confidentiality
Golbeck In Support of Plaintiffs’ Motion for Class Certification (Dkt. 166-7
and Dkt. 167-1, Ex. 1) that concerns the 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.
1:24-26; 1:27; 2:1; This information concerns the processes and functionality of Facebook’s
2:1-3; 2:5-6; 2:6;
messages technology and source code that is protectable as a trade secret or
2:6
otherwise entitled to protection under the law.
2:9; 2:10
This reflects information from the “Rebuttal” Expert Report of Dr. Jennifer
Golbeck In Support of Plaintiffs’ Motion for Class Certification (Dkt. 166-7
and Dkt. 167-1, Ex. 1) that concerns the 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.
2:11; 2:11; 2:12-15 This information concerns the 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.
2:15-17
This reflects information from the deposition of a Facebook employee that
concerns the 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.
2:18; 2:19; 2:19This information concerns the processes and functionality of Facebook’s
20; 2:20-21
messages technology and source code that is protectable as a trade secret or
otherwise entitled to protection under the law.
2:22-23
This reflects information from the “Rebuttal” Expert Report of Dr. Jennifer
Golbeck In Support of Plaintiffs’ Motion for Class Certification (Dkt. 166-7
and Dkt. 167-1, Ex. 1) that concerns the 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.
2:24; 2:24-25; 2:25 This information concerns the 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.
3:1-2
This reflects information from the “Rebuttal” Expert Report of Dr. Jennifer
Golbeck In Support of Plaintiffs’ Motion for Class Certification (Dkt. 166-7
and Dkt. 167-1, Ex. 1) that concerns the 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.
3:4; 3:4-5
This information concerns the processes and functionality of Facebook’s
messages technology, other internal tools, and source code that is protectable
as a trade secret or otherwise entitled to protection under the law.
Harrison Declaration
5.
Good cause exists to seal portions of the Harrison Declaration (Exhibit 5 to the Motion
to Seal). Specifically, the following portions contain non-public, confidential, and proprietary
Facebook business information that Facebook designated as HIGHLY CONFIDENTIAL –
3
DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OBJECTION TO AND REQUEST TO STRIKE NEW EVIDENCE AND
MISSTATEMENTS OF FACT CONTAINED IN PLAINTIFFS’ REPLY IN SUPPORT OF THEIR MOTION FOR CLASS
CERTIFICATION UNDER SEAL - CASE NO. C 13-05996 PJH
1
ATTORNEYS’ EYES ONLY pursuant to the Amended Stipulated Protective Order. The public does
2
not at this time have a meaningful interest in obtaining such information, and public disclosure of this
3
information would cause particularized harm to Facebook by allowing its competitors to access
4
sensitive information, which they could use to gain an unfair advantage against Facebook. Such
5
information could also be used by individuals or companies that might seek to compromise the
6
security of Facebook’s messages technology, causing harm to Facebook and the people who use
7
Facebook’s services.
8
9
Sealable Portions
1:11-12; 1:13-14
10
11
12
13
14
15
16
17
18
19
1:16; 1:17; 1:17;
1:21-22; 1:23-24;
1:25; 1:26-27; 2:12; 2:4-6; 2:7-8;
2:10-11; 2:16;
2:19; 2:23; 3:2-3;
3:9-11; 3:12; 3:12;
3:14; 3:15-16;
3:16; 3:17-18
Reason for Confidentiality
This reflects information from the “Rebuttal” Expert Report of Dr. Jennifer
Golbeck In Support of Plaintiffs’ Motion for Class Certification (Dkt. 166-7
and Dkt. 167-1, Ex. 1) that concerns the 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 information concerns the processes and functionality of Facebook’s
messages technology, other internal tools, and source code that is protectable
as a trade secret or otherwise entitled to protection under the law.
I declare under penalty of perjury under the laws of the United States of America and the
State of California that the foregoing is true and correct, and that I executed this Declaration in
Austin, Texas on February 26, 2016.
20
/s/ Nikki Stitt Sokol
Nikki Stitt Sokol
21
22
23
24
25
26
27
28
Gibson, Dunn &
Crutcher LLP
4
DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OBJECTION TO AND REQUEST TO STRIKE NEW EVIDENCE AND
MISSTATEMENTS OF FACT CONTAINED IN PLAINTIFFS’ REPLY IN SUPPORT OF THEIR MOTION FOR CLASS
CERTIFICATION UNDER SEAL - CASE NO. C 13-05996 PJH
1
2
ATTORNEY ATTESTATION
I, Christopher Chorba, attest that concurrence in the filing of this Declaration of Nikki Stitt
3
Sokol has been obtained from the signatory. I declare under penalty of perjury under the laws of the
4
United States of America that the foregoing is true and correct. Executed this 26th day of January
5
2016, in Los Angeles, California.
6
7
/s/ Christopher Chorba
Christopher Chorba
Dated: February 26, 2016
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Gibson, Dunn &
Crutcher LLP
5
DECLARATION OF NIKKI STITT SOKOL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S ADMINISTRATIVE MOTION
TO FILE DOCUMENTS IN SUPPORT OF ITS OBJECTION TO AND REQUEST TO STRIKE NEW EVIDENCE AND
MISSTATEMENTS OF FACT CONTAINED IN PLAINTIFFS’ REPLY IN SUPPORT OF THEIR MOTION FOR CLASS
CERTIFICATION UNDER SEAL - CASE NO. C 13-05996 PJH
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?