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)

Download PDF
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?