Campbell et al v. Facebook Inc.

Filing 171

Administrative Motion to File Under Seal re Plaintiffs' Response to Defendant's Objection to and Request to Strike New Evidence filed by Matthew Campbell, Michael Hurley. (Attachments: # 1 Declaration of Melissa Gardner, # 2 Proposed Order, # 3 Exhibit A-Filed Under Seal, # 4 Exhibit B-Redacted, # 5 Certificate/Proof of Service)(Gardner, Melissa) (Filed on 3/9/2016)

1
2
3
4
5
6
7

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

12

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

13

Attorneys for Plaintiffs and the Proposed Class

8
9
10
11

14
15

UNITED STATES DISTRICT COURT

16

NORTHERN DISTRICT OF CALIFORNIA

17

OAKLAND DIVISION

18
19
20

MATTHEW CAMPBELL and MICHAEL
HURLEY, on behalf of themselves and all
others similarly situated,
Plaintiff,

21
22

v.

23

FACEBOOK, INC.,

24

Defendant.

Case No. C 13-05996 PJH (MEJ)
DECLARATION OF MELISSA GARDNER
IN SUPPORT OF PLAINTIFFS’
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL RE RESPONSE TO
DEFENDANT’S “OBJECTION TO AND
REQUEST TO STRIKE NEW EVIDENCE
AND MISSTATEMENTS OF FACT”
Judge: Honorable Phyllis J. Hamilton

25
26
27
28
DECL. OF MELISSA GARDNER ISO MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)

1

I, Melissa Gardner, declare:

2

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

3

of the State Bar of California, and am admitted to practice before the United States District Court

4

for the Northern District of California. I am one of the counsel for Plaintiffs in this action. I

5

make this declaration based on my own personal knowledge. If called upon to testify, I could and

6

would testify competently to the truth of the matters stated herein.

7

1.

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

8

Under Seal in connection with Plaintiffs’ Response to Defendant’s Objection to and Request to

9

Strike New Evidence and Misstatements of Fact (“Response”).

10

2.

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

11

of the Response. Highlighted text in Exhibit A is text that Plaintiffs propose to redact on the

12

grounds that such text contains information that Defendant (the designating party) has designated

13

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

14

3.

Attached hereto as Exhibit B is a true and correct copy of a redacted version of the

15

Response. Redacted text in Exhibit B is text that Plaintiffs propose to redact on the grounds that

16

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

17

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

18

4.

Plaintiffs take no position on whether the text of the Response designated for

19

redaction satisfies the requirements for sealing. Plaintiffs specifically reserve the right to

20

challenge any “HIGHLY CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’

21

EYES ONLY” designation under the Stipulated Protective Order as well as the sealability of

22

these documents under Civil Local Rule 79-5.

23
24
25
26

I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed this 9th day of March, 2016, in San Francisco, California.
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP

27
28

By:

/s/Melissa Gardner
Melissa Gardner
1

DECL. OF MELISSA GARDNER ISO MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)