Campbell et al v. Facebook Inc.

Filing 178

Joint Notice of Refiling of Class Certification Briefs and Evidentiary Objections (Dkt. 138, 149, 167, 170, and 172) by Facebook Inc. (Attachments: # 1 Exhibit 1 - Replacement for Dkt. 138 (Redacted), # 2 Exhibit 2 - Replacement for Dkt. 149 (Redacted), # 3 Exhibit 3 - Replacement for Dkt. 167 (Redacted), # 4 Exhibit 4 - Replacement for Dkt. 170, # 5 Exhibit 5 - Replacement for Dkt. 172 (Redacted))(Chorba, Christopher) (Filed on 3/21/2016) Modified on 3/22/2016 (vlkS, COURT STAFF).

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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 M. 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.

Case No. C 13-05996 PJH
JOINT NOTICE OF REFILING OF CLASS
CERTIFICATION BRIEFS AND
EVIDENTIARY OBJECTIONS (DKT. 138,
149, 167, 170, AND 172)

FACEBOOK, INC.,
Defendant.

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Gibson, Dunn &
Crutcher LLP

JOINT NOTICE OF REFILING OF CLASS CERTIFICATION BRIEFS AND EVIDENTIARY OBJECTIONS (DKT. 138, 149, 167,
170, and 172) - Case No. C 13-05996 PJH

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Pursuant to the discussion at the hearing on Plaintiffs’ Motion for Class Certification held on

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March 16, 2016, and this Court’s Minute Order dated March 16, 2016 (Dkt. 174), Plaintiffs and

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Defendant Facebook, Inc. jointly file replacement versions of the following briefs and evidentiary

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objections: (1) Plaintiffs’ Motion for Class Certification (Dkt. 138); (2) Defendant Facebook, Inc.’s

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Opposition to Plaintiffs’ Motion for Class Certification (Dkt. 149); (3) Plaintiffs’ Reply in Support of

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Motion for Class Certification (Dkt. 167); (4) Defendant Facebook, Inc.’s Objection to and Request

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to Strike New Evidence and Misstatements of Fact Contained in Plaintiffs’ Reply in Support of their

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Motion for Class Certification (Dkt. 170); and (5) Plaintiffs’ Response to Defendant’s “Objection to

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and Request to Strike New Evidence and Misstatements of Fact” (Dkt. 172).

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Gibson, Dunn &
Crutcher LLP

In its Minute Order, this Court ordered that “all of the administrative motions to seal (Dkt.
137, 147, 166, 169 and 171) are denied without prejudice to filing a limited, narrowly tailored request
for sealing as stated on the record.” (Dkt. 174.) The Court also ordered that “[t]he briefs shall be
filed unredacted in the public record by Monday 3/21/16,” and that while a new motion to seal must
be filed “for any request to seal trade secrets,” the Court would “allow redactions of source code,
names, addresses and phone numbers without a Court order.” (Id.) Accordingly, this joint filing
contains replacement versions of the aforementioned briefs and evidentiary objections that contain
redactions consistent with the Court’s Order. 1 The parties are in the process of conferring about a
new, omnibus administrative motion to seal limited portions of the documents accompanying the
aforementioned briefs and evidentiary objections that will be consistent with the Court’s Order, and
they intend to file that motion by next Monday, March 28, 2016.
Attached as Exhibit 1 is a true and correct copy of a redacted version of Plaintiffs’ Motion for
Class Certification, originally filed at Dkt. 138. The only redactions in Exhibit 1 are by Facebook,
and they are of names of non-parties (specifically, Facebook employees) (see pp. 10:3, 10:5, 10:21,
10:22; 10:24; 11:25; 23:20-21; and 23:24).
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The courtesy copies of this filing will also include copies of Exhibits 1-5 with highlighting that
reflects the redactions in the as-filed versions of the exhibits. For the Court’s convenience,
Plaintiffs’ redactions will appear in yellow highlighting, and Facebook’s redactions will appear in
blue highlighting.
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JOINT NOTICE OF REFILING OF CLASS CERTIFICATION BRIEFS AND EVIDENTIARY OBJECTIONS (DKT. 138, 149, 167,
170, and 172) - Case No. C 13-05996 PJH

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Attached as Exhibit 2 is a true and correct copy of a redacted version of Defendant Facebook,

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Inc.’s Opposition to Plaintiffs’ Motion for Class Certification, originally filed at Dkt. 149. The only

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redactions in Exhibit 2 are by Plaintiffs, and they include names of non-parties (specifically, putative

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class members) (see pp. 7:22; 11:21; 20:12; 20:17; 20:18; 29:8; 29:11; 29:13); a Facebook message

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sent by Plaintiff Campbell (see p. 23:7-9); and the URL included in that message (see p. 23:10).

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Attached as Exhibit 3 is a true and correct copy of a redacted version of Plaintiffs’ Reply in

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Support of Motion for Class Certification, originally filed at Dkt. 167. The only redactions in Exhibit

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3 are by Plaintiffs, and they are of the name of a non-party (specifically, a putative class member)

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(see pp. 20:24; 20:25; 20:26).

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Attached as Exhibit 4 is a true and correct copy of Defendant Facebook, Inc.’s Objection to

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and Request to Strike New Evidence and Misstatements of Fact Contained in Plaintiffs’ Reply in

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Support of their Motion for Class Certification, originally filed at Dkt. 170. Exhibit 4 now contains

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no redactions.

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Attached as Exhibit 5 is a true and correct copy of a redacted version of Plaintiffs’ Response

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to Defendant’s “Objection to and Request to Strike New Evidence and Misstatements of Fact,”

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originally filed at Dkt. 172. The only redaction in Exhibit 5 is by Facebook, and it is of the name of a

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non-party (specifically, a Facebook employee) (see p. 7:8).

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Dated: March 21, 2016

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Respectfully submitted,
GIBSON, DUNN & CRUTCHER LLP
/s/
Christopher Chorba

By:

Attorneys for Defendant FACEBOOK, INC.

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LIEFF CABRASER HEIMANN & BERNSTEIN, LLP

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By:

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/s/
Michael W. Sobol

Attorneys for Plaintiffs

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Gibson, Dunn &
Crutcher LLP

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JOINT NOTICE OF REFILING OF CLASS CERTIFICATION BRIEFS AND EVIDENTIARY OBJECTIONS (DKT. 138, 149, 167,
170, and 172) - Case No. C 13-05996 PJH