Campbell et al v. Facebook Inc.

Filing 185

ERRATA re 183 Exhibits to an Administrative Motion to File Under Seal,,,, 184 Exhibits to an Administrative Motion to File Under Seal,,, 178 Notice (Other),, 177 Transcript,,, Evidence Filed In Support Of Facebook's Opposition to Plaintiffs' Motion for Class Certification Regarding Certain Pre-Class Period Conduct by Facebook Inc.. (Attachments: # 1 Declaration of Alex Himel to Correct and Clarify the Record)(Chorba, Christopher) (Filed on 5/11/2016)

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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,

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Plaintiffs,
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Case No. C 13-05996 PJH (MEJ)
SUPPLEMENTAL DECLARATION OF
ALEX HIMEL TO CORRECT AND
CLARIFY THE RECORD

v.
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FACEBOOK, INC.,
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Defendant.
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Gibson, Dunn &
Crutcher LLP

SUPPLEMENTAL DECLARATION OF ALEX HIMEL TO CORRECT AND CLARIFY THE RECORD
Case No. C 13-05996 PJH (MEJ)

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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 have personal knowledge of the matters stated herein and, if

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called as a witness, could and would testify competently thereto. I submit this Supplemental

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Declaration to correct and clarify a small portion of my previous testimony.

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2.

I provided a Declaration dated January 14, 2016 in support of Facebook’s Opposition

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to Plaintiffs’ Motion for Class Certification (Dkt. No. 184-11) and a Declaration dated February 26,

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2016 in support of Facebook’s Objection to and Request to Strike New Evidence and Misstatements

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of Fact in Plaintiffs’ Reply in support of their Motion for Class Certification (Dkt. No. 184-21). I

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also gave oral testimony in my individual capacity during a deposition on February 4, 2016.
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In my declarations and my deposition, I explained that before the start of Plaintiffs’

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proposed class period (December 30, 2011), in some circumstances certain data regarding URL

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attachments sent with Facebook messages may have been logged in a Hive table called “share_stats,”

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which was used in certain circumstances for Facebook’s Recommendations social plugin; after the

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start of the proposed class period, however, no data regarding URL attachments sent with Facebook

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messages were logged in “share_stats.” (Dkt. No. 184-11 ¶¶ 44-50; Dkt. No. 184-21 ¶¶ 7-9; Himel

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Deposition, Feb. 4, 2016, 203:10-18, 204:16-17.) Those statements are correct. But in this

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testimony, I also said that the “share_stats” table itself was deleted prior to the beginning of the class

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period. (Id.) I believed that statement to be true at the time of my testimony based on my review of

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Facebook’s records, but in the course of re-reviewing those records recently in connection with a

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discovery dispute, I learned that the “share_stats” table itself existed for a very brief period of time at

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the beginning of the proposed class period. Specifically, rather than being deleted before December

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30, 2011, the table was deleted on January 21, 2012—which is 22 days after the start of the proposed

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class period.

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4.

In the course of re-reviewing Facebook’s records, I also re-confirmed that logging to

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the “share_stats” table did indeed stop before the start of the proposed class period (specifically, in

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August 2011). I understand that the records substantiating these facts are being provided to

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Plaintiffs’ counsel. Therefore, although the “share_stats” table itself existed for a short period of time
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Gibson, Dunn &
Crutcher LLP

SUPPLEMENTAL DECLARATION OF ALEX HIMEL TO CORRECT AND CLARIFY THE RECORD
Case No. C 13-05996 PJH (MEJ)

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during the beginning of the proposed class period, the information in that table would only have

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reflected pre-class period data (specifically, data from in or before August 2011). As a result, no

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Facebook user who sent or received a message during the proposed class period could have had data

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regarding a URL attachment for that message logged to the “share_stats” table.

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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 May 11, 2016, in Menlo Park,

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California.

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/s/ Alex Himel
Alex Himel

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Gibson, Dunn &
Crutcher LLP

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SUPPLEMENTAL DECLARATION OF ALEX HIMEL TO CORRECT AND CLARIFY THE RECORD
Case No. C 13-05996 PJH (MEJ)

ATTORNEY ATTESTATION

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I, Christopher Chorba, attest that concurrence in the filing of this Declaration of Alex Himel
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has been obtained from the signatory. I declare under penalty of perjury under the laws of the United
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States of America that the foregoing is true and correct. Executed this 11th day of May, 2016, in Los
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Angeles, California.
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Dated: May 11, 2016

/s/ Christopher Chorba
Christopher Chorba

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Gibson, Dunn &
Crutcher LLP

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SUPPLEMENTAL DECLARATION OF ALEX HIMEL TO CORRECT AND CLARIFY THE RECORD
Case No. C 13-05996 PJH (MEJ)