Campbell et al v. Facebook Inc.

Filing 181

Joint Administrative Motion to Seal Documents Accompanying Class Certification Briefs and Evidentiary Objections filed by Facebook Inc.. (Attachments: # 1 Declaration of Melissa Gardner Re Joint Administrative Motion to Seal Documents Accompanying Class Certification Briefs and Evidentiary Objections, # 2 Declaration of Nikki Stitt Sokol In Support of the Joint Administrative Motion to Seal Documents Accompanying Class Certification Briefs and Evidentiary Objections, # 3 [Proposed] Order, # 4 Exhibit 1 (Unredacted), # 5 Exhibit 2 (Redacted), # 6 Exhibit 3 (Unredacted), # 7 Exhibit 4 (Redacted), # 8 Exhibit 5 (Unredacted), # 9 Exhibit 6 (Redacted), # 10 Exhibit 7 (Unredacted), # 11 Exhibit 8 (Redacted), # 12 Exhibit 9 (Unredacted), # 13 Exhibit 10 (Redacted))(Chorba, Christopher) (Filed on 3/28/2016) Modified on 3/29/2016 (kcS, COURT STAFF).

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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

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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

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Attorneys for Plaintiffs and the Proposed Class

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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

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v.

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Case No. C 13-05996 PJH (MEJ)
DECLARATION OF MELISSA GARDNER
RE JOINT ADMINISTRATIVE MOTION
TO SEAL DOCUMENTS
ACCOMPANYING CLASS
CERTIFICATION BRIEFS AND
EVIDENTIARY OBJECTIONS

FACEBOOK, INC.,

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Judge: Honorable Phyllis J. Hamilton
Defendant.

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

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I, Melissa Gardner, declare:

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1.

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

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

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

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

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

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2.

I submit this Declaration in connection with the parties’ Joint Administrative

Motion to Seal Documents Accompanying Class Certification Briefs and Evidentiary Objections.
3.

Plaintiffs have designated : (1) representations of the specific content of the

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Plaintiffs’ private correspondence with third parties; and (2) information concerning third parties’

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private affairs disclosed nowhere else in public filings and not relevant to the merits or class

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certification, for protection from public disclosure. Compelling reasons exist to seal such

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information because its disclosure would infringe the privacy rights of Plaintiffs and the non-

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parties with whom they shared private Facebook messages, and, as applicable, of the non-party

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Facebook users deposed by Facebook in this case. Further, the URLs that individuals choose to

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share in private correspondence may reveal facts about their political views, socio-economic

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status, and other private activities, which, in some instances, could be used for scandalous or

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libelous purposes. Because these limited portions of the records sought to be sealed do not

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include any information vital to understanding the nature of these proceedings in the context of

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class certification, the public interest in access to the information is minimal. Accordingly,

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Plaintiffs respectfully request that the Court authorize that portions of the following documents be

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filed under seal, as designated below:

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Document

Sealable Portions

Reason for Confidentiality

Exhibit 4 to the Declaration of
Melissa Gardner in support of
Plaintiffs’ Motion for Class
Certification (“Gardner Cert.
Declaration”) (FB000005502R)

pp. 1 text from “12, 10, 2, 29,
0” to “url_info”; from “3
values” to “array”; from
“external_faviconurl” to
“URL”
pp. 2 text from “Array (with 3
values)” to “width”; from
“Array (with 3 values)” to

Exhibit is a representation of
information stored by
Facebook concerning a
private Facebook message
sent by a Plaintiff, submitted
in evidence to establish that
such information is tracked

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

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Document

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Reason for Confidentiality

“width”
pp. 9 text from beginning of
page to “getConfigs ()”
pp. 11 text from beginning of
page to “getExternalIframe”’
from “getExternalURI” to
“getExternalURL”; from
“getExternalURL” to “get
ExternalVideo”
pp. 12 text from “Array (” to
“(width)”; from “Array (” to
“[width]”
pp. 13 text from beginning of
page to “[width]”; from “Array
(” to “[width]”
pp. 14 text from
“getProfileURI ()” to
“getRankedImages ()”
pp. 15 text from “Array (” to
“getReportTokenToLoadFrom
”
pp. 16 text from
“getSiteDomain” to
“getSiteName”; from
“getURL()” to end of page
pp. 17 text from “THH\string”
to “getVideoShare ()”
pp. 18 text from
“[external_url] =>” to
“[url_info]”; from “Array (” to
end of page
pp. 19 text from beginning of
page to “)”; from “)” to
“[last_crawl_time]”
pp. 20 text from beginning of
page to “[width]”; from “Array
(” to “[width]”
pp. 21 text from “Array (” to “)
[ranking_model_version]” 1

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Sealable Portions

and stored. Designated text is
representation of URL content
of private message.
Disclosure would infringe
upon privacy of Plaintiffauthor, and recipient, and the
public interest in this
information is minimal.

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Additional redactions appearing on pp. 6-7, 9-10, and 14 of both the highlighted and redacted
version of Exhibit 4 to the Gardner Cert. Declaration are redactions that were made by Facebook
when this document was produced in discovery.
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DECLARATION OF MELISSA GARDNER IN
SUPPORT OF JOINT MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)

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Document

Sealable Portions

Reason for Confidentiality

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Exhibit 20 to the Gardner
Cert. Declaration (Facebook,
Inc.’s Supplemental
Responses and Objections to
Narrowed Second Set of
Interrogatories)

At Exhibit 1, pp. 1-3: text in
“URL” column of table

Exhibit is discovery responses
from Defendant. Portions
designated for sealing are
representations of URL
content of Plaintiffs’ private
messages. Disclosure would
infringe upon privacy of
authors and recipients, and the
public interest in this
information is minimal.

Exhibit 35 to the Gardner
Cert. Declaration
(FB000005802-R)

pp. 1 text from “external_url”
to “external_img”; text from
“Array (with 3 values)” to end
of page; text from
“getDataURL( )” to end of
page.
pp. 2 text from “main_blurb”
to “external faviconurl”; text
from “external faviconurl” to
“last_crawl_time”; from
“Array (with value 1)” to
“ranking_model_version: 10”.
pp. 9 text from “EntityTool” to
“getConfigs( ) array”
pp. 10 text from
“getDescription( )” to
“getDeteotedLanguage ( ):
BB/string”
p.11 text from
“getExternalImageURL” to
“getExternalURI ( )”; from
“getExternalURI ( )” to
“getExternalURL ( )”
p.12 text from “Array” to
“[width] => 200”; from
“Array” to “[width] => 300”;
pp. 14 text from “getName ( )”
to “getOwnerID ( )”; from
“getProfileURI ( )” to
“getRankedImages ( )” from
“Array” to
“getReportTokenToLoadFrom
( ): HH/string”
pp. 15 text from
“getSiteDomain ( )” to
“getSiteName ( )”; from
“getTitle ( )” to
“getTrackinginfo ( )”

Exhibit is a representation of
information stored by
Facebook concerning a
private Facebook message
sent to a Plaintiff, submitted
in evidence to establish that
such information is tracked
and stored. Designated text is
representation of URL content
of private message.
Disclosure would infringe
upon privacy of nonpartyauthor and recipient, and the
public interest in this
information is minimal.

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DECLARATION OF MELISSA GARDNER IN
SUPPORT OF JOINT MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)

1

Document

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pp. 20 text from “[images] =>
Array” to
“[ranking_model_version]” 2

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The Declaration of
Christopher Chorba In
Support of Defendant
Facebook, Inc.’s Opposition
to Plaintiffs’ Motion for Class
Certification (“Chorba
Declaration”)

5:18, 24-25

Portions designated for
sealing are representations of
URL content of Plaintiffs’
private messages. Disclosure
would infringe upon privacy
of authors and recipients, and
the public interest in this
information is minimal.

Exhibit M to the Chorba
Declaration (Deposition
testimony of Plaintiff Michael
Hurley)

107:12; 111:18, 24-25; 112:1,
115:10, 11, 16, 17, 21; 120:46; 136:6-14

Portions designated for
sealing are representations of
URL content of Plaintiff’s
private messages and/or
personal affairs of non-parties
to this litigation. Disclosure
would infringe upon privacy
of Plaintiff and non-parties,
and the public interest in this
information is minimal.

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Reason for Confidentiality

pp. 16 text from “getURL” to
“getURLObjID ( )”; from
“getUserURL ( ): HH/string”
to “getVideoShare ( ):
ExternalVideoShare”
pp. 17 text from “[category]
=> 100” to “[location] =>”;
from “[external_url] =>” to
“[url_info] =>”; from
“[canonical] =>” to end of
page
pp. 18 text from beginning of
page to “[external_faviconurl]:
=>”; from
“[external_faviconurl]: =>” to
“[last_crawl_time] =>”; from
“[last scrape] =>” to “[lang]
=>”
pp. 19 text from “[0] =>
Array” to “[width]”

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Sealable Portions

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Additional redactions appearing on pp. 2, 6-7, 9, and 19 of both the highlighted and redacted
version of Exhibit 35 to the Gardner Cert. Declaration are redactions that were made by Facebook
when this document was produced in discovery.
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DECLARATION OF MELISSA GARDNER IN
SUPPORT OF JOINT MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)

1

Document

Sealable Portions

Reason for Confidentiality

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Exhibit O to Chorba
Declaration (Plaintiff
Matthew Campbell’s
Corrected Responses to
Facebook Inc.’s First Set of
Interrogatories)

At Exhibit 1 pp. 1-114: text in
“URL” column of table

Portions designated for
sealing are representations of
URL content of Plaintiff’s
private messages. Disclosure
would infringe upon privacy
of Plaintiff and non-parties,
and the public interest in this
information is minimal.

Exhibit P to the Chorba
Declaration (Plaintiff Michael
Hurley’s Responses to
Facebook, Inc.’s First Set of
Interrogatories)

At Exhibit 1, pp. 1-3: text in
“URL” column of table

Portions designated for
sealing are representations of
URL content of Plaintiff’s
private messages. Disclosure
would infringe upon privacy
of Plaintiff and non-parties,
and the public interest in this
information is minimal.

Exhibit Q to the Chorba
Declaration (David
Shadpour’s Corrected
Responses to Facebook, Inc.’s
First Set of Interrogatories)

At Exhibit 1, pp. 1-2: text in
“URL” column of table

Portions designated for
sealing are representations of
URL content of former
Plaintiff’s private messages.
Disclosure would infringe
upon privacy of Plaintiff and
non-parties, and the public
interest in this information is
minimal.

Exhibit S to the Chorba
Declaration (Private Facebook
messages produced in
discovery by Matthew
Campbell)

pp. 1-181: URLs contained in
private Facebook messages
sent to or received from third
parties

Portions designated for
sealing are representations of
URL content of Plaintiff’s
private messages. Disclosure
would infringe upon privacy
of Plaintiff and non-parties,
and the public interest in this
information is minimal.

Exhibit T to the Chorba
Declaration (Private Facebook
messages produced in
discovery by Matthew
Campbell)

pp. 1-55: URLs contained in
private Facebook messages
sent to or received from third
parties

Portions designated for
sealing are representations of
URL content of Plaintiff’s
private messages. Disclosure
would infringe upon privacy
of Plaintiff and non-parties,
and the public interest in this
information is minimal.

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DECLARATION OF MELISSA GARDNER IN
SUPPORT OF JOINT MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)

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Document

Sealable Portions

Reason for Confidentiality

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Exhibit V to the Chorba
Declaration (Private Facebook
messages produced in
discovery by Michael Hurley)

pp. 1-3: URLs contained in
private Facebook messages
sent to or received from third
parties

Portions designated for
sealing are representations of
URL content of Plaintiff’s
private messages. Disclosure
would infringe upon privacy
of Plaintiff and non-parties,
and the public interest in this
information is minimal.

Exhibit W to the Chorba
Declaration (Letter from
Plaintiffs’ counsel David
Rudolph to Defendant’s
Counsel Joshua Jessen)

pp. 3-5: text in “URL” column
of table

Portions designated for
sealing are representations of
URL content of Plaintiff’s
private messages. Disclosure
would infringe upon privacy
of Plaintiff and non-parties,
and the public interest in this
information is minimal.

Exhibit GG to the Chorba
Declaration (deposition
testimony of non-party)

67:24-25; 68:1-9

Portions designated for
sealing concern personal
affairs of non-parties to this
litigation. Disclosure would
infringe upon privacy of nonparties, and the public interest
in this information is minimal.

Exhibit HH to the Chorba
Declaration (deposition
testimony of non-party)

201:14-16; 231:12

Portions designated for
sealing concern URL content
of private messages between
Plaintiff and non-party.
Disclosure would infringe
upon privacy of Plaintiff and
non-parties, and the public
interest in this information is
minimal.

The Expert Report of Dr.
Catherine Tucker

pp. 12, Fig. 2
pp. 12, ¶ 33
pp. 13, fig. 3, fn. 23, 24
pp. 14, ¶ 34, fn. 25, 27
pp. 16, fn. 32
pp. 21, ¶ 48, fn. 43
pp. 22-23, ¶ 52
pp. 23, fig. 8

Portions designated for
sealing are representations of,
or discussions of specific
information concerning URL
content of private messages
between Plaintiffs and nonparties. Disclosure would
infringe upon privacy of
Plaintiffs and non-parties, and
the public interest in this
information is minimal.

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pp. 23, ¶ 53
pp. 23, ¶ 54
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DECLARATION OF MELISSA GARDNER IN
SUPPORT OF JOINT MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)

1

Document

Sealable Portions
pp. 29, ¶ 70
pp. 30, fig. 10
pp. 31, fig. 11, fn. 63
pp. 32, fn. 64, fn. 65
pp. 45, ¶ 101, fn. 118
pp. 52, ¶ 121

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Reason for Confidentiality

4.

Plaintiffs take no position on whether the text or documents designated by

Facebook satisfy the requirements for sealing.
I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed this 28th day of March, 2016, in San Francisco, California.

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LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
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By:

/s/Melissa Gardner
Melissa Gardner

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DECLARATION OF MELISSA GARDNER IN
SUPPORT OF JOINT MOTION TO SEAL
CASE NO. 13-CV-05996-PJH (MEJ)