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)

EXHIBIT 4
REDACTED VERSION OF DOCUMENT(S)
SOUGHT TO BE SEALED

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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 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 ALEX HIMEL IN
SUPPORT OF DEFENDANT FACEBOOK,
INC.’S OBJECTION TO AND REQUEST
TO STRIKE NEW EVIDENCE AND
MISSTATEMENTS OF FACT
CONTAINED IN PLAINTIFFS’ REPLY IN
SUPPORT OF THEIR MOTION FOR
CLASS CERTIFICATION

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Crutcher LLP

DECLARATION OF ALEX HIMEL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S OBJECTION TO AND REQUEST TO
STRIKE NEW EVIDENCE AND MISSTATEMENTS OF FACT CONTAINED IN PLAINTIFFS’ REPLY IN SUPPORT OF THEIR
MOTION FOR CLASS CERTIFICATION - Case No. C 13-05996 PJH

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I, Alex Himel, declare as follows:
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I have been employed as a software engineer at Facebook since April 2009, and my

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current title is Engineering Director. I am over the age of 18. I have personal knowledge of the

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matters stated herein and, if called as a witness, could and would testify competently thereto.

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2.

I provide this Declaration in support of Facebook’s Objection to New Evidence in

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Plaintiffs’ Reply In Support of Motion for Class Certification in order to address some of the new

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assertions in the evidence submitted in support of that brief.

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Dr. Golbeck’s New Proposal to Identify Class Members

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3.

Dr. Golbeck states that

could be written that would identify the senders and recipients of Private Messages sent during
the Class Period with URL attachments (

),” and that “

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.” (New Golbeck Report dated Feb. 19, 2016 (Dkt. 166-7) ¶¶ 9, 12.) Dr.

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Golbeck contends that, through these methods, “Class members can be readily identified.” (Id. ¶ 12.)
4.

I understand that Facebook engineer Dale Harrison has submitted a declaration (dated

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February 26, 2016) regarding potentially

, which explains that Dr.

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Golbeck’s proposed

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Harrison also explains that, if Facebook were to attempt to write and execute code to

relies on inaccurate assumptions and could not be executed. Mr.

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.

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5.

Similarly, Dr. Golbeck’s proposal to

data also relies on the incorrect

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assumption that such data

, and Dr.

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Golbeck’s proposal is logistically impossible as the data is currently organized.

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.

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Next, Facebook would need to analyze the actual data in

.

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DECLARATION OF ALEX HIMEL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S OBJECTION TO AND REQUEST TO
STRIKE NEW EVIDENCE AND MISSTATEMENTS OF FACT CONTAINED IN PLAINTIFFS’ REPLY IN SUPPORT OF THEIR
MOTION FOR CLASS CERTIFICATION - Case No. C 13-05996 PJH

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There are

in Facebook’s systems.

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.

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6.

and is in fact even less feasible as it requires conducting three such queries: (i) first, to

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; (ii) then to

; and (iii) finally, to

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Scribe category “scribeh_share_stats”

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In other words, Dr. Golbeck’s new query is just as unworkable as her original query,

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Dr. Golbeck appears to concede that URLs shared in messages were not logged in the
” table during the class period (see Himel Decl. dated Jan. 15, 2016 (Dkt. 152-3), ¶ 44).

“

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In her new report, Dr. Golbeck instead focuses on a log called

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Report ¶ 28.) As a preliminary matter, “

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things:

.” (New Golbeck

” and “

” are entirely different

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. (Ray He testified in his deposition that

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.)
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Dr. Golbeck does not identify any code linking “

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” to the

, let alone any evidence that any such data was

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during the class period. Indeed,

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.
9.

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” (Id. ¶ 35.) However, none of these files suggests (let alone evidences) the continuing
existence of the

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Gibson, Dunn &
Crutcher LLP

Dr. Golbeck also states that she ran a search and found “

. The
, and no URLs shared in messages were

there during the class period.

Additional Misstatements
10.

Dr. Golbeck makes a number of additional misstatements in her new report not
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DECLARATION OF ALEX HIMEL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S OBJECTION TO AND REQUEST TO
STRIKE NEW EVIDENCE AND MISSTATEMENTS OF FACT CONTAINED IN PLAINTIFFS’ REPLY IN SUPPORT OF THEIR
MOTION FOR CLASS CERTIFICATION - Case No. C 13-05996 PJH

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discussed in this Declaration. For example, she does not dispute that

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, but she claims (erroneously)

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that Facebook could design its system differently to achieve the same benefits. (Id. ¶ 24.) To the

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contrary,

play a critical role in a number of ways—including

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. I reserve the right to
address these and other misstatements at a later time, if necessary.
I declare under penalty of perjury under the laws of the United States of America that the

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foregoing is true and correct and that this declaration was executed on February 26, 2016, in Menlo

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Park, California.

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/s/ Alex Himel
Alex Himel

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DECLARATION OF ALEX HIMEL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S OBJECTION TO AND REQUEST TO
STRIKE NEW EVIDENCE AND MISSTATEMENTS OF FACT CONTAINED IN PLAINTIFFS’ REPLY IN SUPPORT OF THEIR
MOTION FOR CLASS CERTIFICATION - 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 Alex Himel
has been obtained from the signatory. I declare under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed this 26th day of February, 2016, in
Los Angeles, California.
/s/ Christopher Chorba
Christopher Chorba

Dated: February 26, 2016

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DECLARATION OF ALEX HIMEL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S OBJECTION TO AND REQUEST TO
STRIKE NEW EVIDENCE AND MISSTATEMENTS OF FACT CONTAINED IN PLAINTIFFS’ REPLY IN SUPPORT OF THEIR
MOTION FOR CLASS CERTIFICATION - Case No. C 13-05996 PJH