Campbell et al v. Facebook Inc.

Filing 184

EXHIBITS re 181 Administrative Motion to Seal Documents Accompanying Class Certification Briefs and Evidentiary Objections filed by Facebook Inc.. (Attachments: # 1 Exhibit 53 (Redacted), # 2 Exhibit 54 (Unredacted), # 3 Exhibit 55 (Redacted), # 4 Exhibit 56 (Unredacted), # 5 Exhibit 57 (Redacted), # 6 Exhibit 58 (Unredacted), # 7 Exhibit 59 (Redacted), # 8 Exhibit 60 (Unredacted), # 9 Exhibit 61 (Redacted), # 10 Exhibit 62 (Unredacted), # 11 Exhibit 63 (Redacted), # 12 Exhibit 64 (Unredacted), # 13 Exhibit 65 (Redacted), # 14 Exhibit 66 (Unredacted), # 15 Exhibit 67 (Redacted), # 16 Exhibit 68 (Unredacted), # 17 Exhibit 69 (Redacted), # 18 Exhibit 70 (Unredacted), # 19 Exhibit 71 (Redacted), # 20 Exhibit 72 (Unredacted), # 21 Exhibit 73 (Redacted), # 22 Proof of Service)(Related document(s) 181 ) (Chorba, Christopher) (Filed on 3/28/2016) Modified on 3/29/2016 (kcS, 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 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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DECLARATION OF ALEX HIM EL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S OBJECTION TO AND REQUEST TO
STRIKE NEW EVIDENCE AND M ISSTATEM ENTS OF FACT CONTAINED IN PLAINTIFFS’ REPLY IN SUPPORT OF THEIR
M OTION 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 “[b]y starting with a list of all message IDs, a [Titan] database

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query could be written that would identify the senders and recipients of Private Messages sent during

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the Class Period with URL attachments (and corresponding EntShares),” and that “Entshares can be

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queried to determine whether they were created from URLs sent in Private Messages, and thus,

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combined with the query related to Titan . . . which returns the IDs of Entshares associated with

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specific Private Messages.” (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.)

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4.

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

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February 26, 2016) regarding potentially querying Titan-related data, which explains that Dr.

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Golbeck’s proposed Titan query relies on inaccurate assumptions and could not be executed. Mr.

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

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message IDs and iterate through each “action” related to each message, he estimates that—even if

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such a procedure were possible at all—it could take approximately 12 months to run.

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5.

Similarly, Dr. Golbeck’s proposal to query “EntShare” data also relies on the incorrect

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assumption that such data is indexed in a table or other easily searchable format. It is not, and Dr.

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Golbeck’s proposal is logistically impossible as the data is currently organized. A query of all data

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related to EntShares would require actually loading each EntShare (i.e., copying it from its permanent

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storage location into another storage location to perform the operations that Dr. Golbeck proposes).

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Next, Facebook would need to analyze the actual data in the fields for each individual EntShare.

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Gibson, Dunn &
Crutcher LLP

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DECLARATION OF ALEX HIM EL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S OBJECTION TO AND REQUEST TO
STRIKE NEW EVIDENCE AND M ISSTATEM ENTS OF FACT CONTAINED IN PLAINTIFFS’ REPLY IN SUPPORT OF THEIR
M OTION FOR CLASS CERTIFICATION - Case No. C 13-05996 PJH

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There are trillions of EntShares in Facebook’s systems. Although the system could accommodate a

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handful of EntShares, I am not aware of a machine or group of machines at Facebook (or anywhere

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else) capable of loading the trillions of EntShares for such a query without failing or timing out.

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6.

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

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

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message IDs; (ii) then to iterate over message records; and (iii) finally, to iterate over EntShare data.

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Scribe category “scribeh_share_stats”

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7.

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 “scribeh_share_stats.” (New Golbeck

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Report ¶ 28.) As a preliminary matter, “scribeh_share_stats” and

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things: “scribeh_share_stats” is a scribe category, not a Hive table. Scribe is a logging system that

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stores data for short periods of time for debugging and other purposes. The scribeh_share_stats

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category retained data for a matter of days for use in the Realtime metrics system, which at one time

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was used to update the counters in EntGlobalShares. (Ray He testified in his deposition that the

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Realtime metrics system was notoriously unreliable and failed regularly, and Facebook ultimately

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discontinued its use.)

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are entirely different

Dr. Golbeck does not identify any code linking “scribeh_share_stats” to the

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Hive table, let alone any evidence that any such data was being logged to the

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table (or that the table even existed) during the class period. Indeed, it is very common

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to write data to Scribe, but not load that data to Hive or use it for any dedicated purpose.
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Dr. Golbeck also states that she ran a search and found “many results related to
(Id. ¶ 35.) However, none of these files suggests (let alone evidences) the continuing

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existence of the

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class period began, and no URLs shared in messages were logged there during the class period.

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Additional Misstatements

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Gibson, Dunn &
Crutcher LLP

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table. The

Hive table was dropped before the proposed

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

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discussed in this Declaration. For example, she does not dispute that EntShares are used for

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rendering URL attachments to message recipients in Facebook’s system, 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, EntShares play a critical role in a number of ways—including user experience and abuse-

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prevention functions, as well as the functionality of users’ privacy settings. I reserve the right to

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address these and other misstatements at a later time, if necessary.

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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 HIM EL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S OBJECTION TO AND REQUEST TO
STRIKE NEW EVIDENCE AND M ISSTATEM ENTS OF FACT CONTAINED IN PLAINTIFFS’ REPLY IN SUPPORT OF THEIR
M OTION 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 HIM EL IN SUPPORT OF DEFENDANT FACEBOOK, INC.’S OBJECTION TO AND REQUEST TO
STRIKE NEW EVIDENCE AND M ISSTATEM ENTS OF FACT CONTAINED IN PLAINTIFFS’ REPLY IN SUPPORT OF THEIR
M OTION FOR CLASS CERTIFICATION - Case No. C 13-05996 PJH